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Backup Documents 12/02/2003 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DECEMBER 2, 2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on November 30th, 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 I 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. /J,/1 ( Signahlfe of affiant) Sworn to and subscribed before me This 2nd day of December ,2003 .... :. .>' ("" ~\\! 'J \--' V \,... o .... 1\)\\~ c f\~ . \)t\ \J '\..-' '.. ;~1A~:'f~.:,,_ Harriett Bushong .;" i 'f:~ MY COMMISSION # DD234689 EXPIRES ":";C~0'i:>:I July 24, 2007 '/';!L,')':'" BONDF.D THRU TROY FAIN INSURANCE. INC NOTICE OF PUBLIC MEETING IlOARO OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA /TuesdaY:~ 2. 2003 . 9:00 A.M.i Notice Is .~ 0Iven that the Collier County Board of ,Coqnty commissioners will meet In the Board's ChU1btis on tIiIe Third Floor of the W. Har- Cmon TUmir=r=. 8ll11cllng. (illUding F) at the Collier 0l!!ltY . COmplex, 3301 East Tamlaml Trail. NapI PIorkla.. - to conduct the business of Collier County at the llbove stated time and date. CDpij',esableC)f .!!-~ to, r said meeting ,wH! be made ~v .... ..... PI'M$ and may beobtalned at the Public Infol'matIon' Offtce. located on the First Floor of the W. Harmon Turner BuildIng. All Interested Parties are invited to attend. to regis- te, rwrltlto ~ anthed to sulHnIt thalr obJections. If any. n nil. .u Board IlI'lor to the ~1aI meeting. All realsfered public SJl8!UCers will be 11mlted to five (5) mlilutes unless pennlsslon for additional time Is granted by the Chairman. ABony DeI'SO, I,n who Gec:, Ides to ap~1 a decision of the arc! will need ~ reconI of the prOceedings per- tal/!ltig thereto. and tIlerefore. may need to ensure thha,~verba~,"" rec.... ord__ of the Proceedings Is made, w ..... record Ir.............. the testimony arill evidence upon which the appeaJ Is to be based. = County OrdInanc:e' No. 99-22 requires that all I Jsts shall before l!I1Pgm In any lobbying ac- t1vl es. (InclUding. but not limited to. addressing the Board of COUnty Commissioners) register with the Clerk to the 1Ioarc! at the Board Mlnutes and Re- cords Department. If yoU are a person with a disability who needs any KCommodatlon In order to participate In tn.~- ceedlng, you are entitled. at no cost to you, to the provision of certain assistance. Please contact the Collier COUffl Facilities Management pepartment located at 1 East Tamlaml Trail. Naples. florida, the3411~:..!~39) 4-8380: assisted listening devices for C ".....Ing Imllltlred are available In the County ommlssleners' OffIce. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Hennlna. Chairman DWIGHTE. BlfOCK. CLERK ' By: /5/ Maureen Kenyon peputy Clerk Nov"mlw>r 30 No 31 ~'14 I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ --~ AGENDA December 2, 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 December 2, 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 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 with changes - 5/0 B. October 28, 2003 - Board of County Commissioners Regular Meeting Approved as presented - 5/0 C. October 29,2003 - Value Adjustment Board Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to designate the week of December I, 2003 as Human Rights Week in Collier County. To be accepted by Barbara Pedone, Public Information Coordinator. Adopted - 5/0 B. Proclamation to recognize Stuart Perry for his for his contributions to Voter Empowerment. To be accepted by Stuart Perry. Adopted - 5/0 2 December 2, 2003 5. PRESENTATIONS A. Presentation by Representative J. Dudley Goodlette, Florida House District 76, in recognition of the historic significance of Roberts Ranch and its official listing by the U.S. Department of the Interior on the National Register of Historic Places. Presented 6. PUBLIC PETITIONS Continued to 12/16/03 A. Public Petition request by Mr. Charles H. Gunther regarding the removal of the Gateway Triangle from the Community Redevelopment Agency. B. Public Petition request by Mr. Timothy R. Parry regarding Greater Collier Regional Medical Center. To be placed on 12/16/03 Regular Agenda Moved to Item #9A C. Public Petition request by Mr. Michael Fernandez to discuss Nicaea Academy PUD-AR-2607. Request for reconsideration of conditions approval. D. Public Petition request by George Frye to discuss Naples Airport Authority Stage 2 ban efforts. No Action taken 7. BOARD OF ZONING APPEALS To be Continued A. ADA-2003-AR-435I AntQony P. Pires, Jr., of Woodward, Pires and Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal to interpretation AR-4l19 by Virtue of Division 1.6 and Sections 2.7.3.5.2.2.,5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the "A" Agricultural Zoning District for property located at 6266 Adkins Avenue in Section 12, Township 49 south, Range 25 east, Collier County, Florida. B. Item continued from the November 18~ 2003 BCC Meetine:. This item requires that all participants be sworn in and ex parte disclosure be 3 December 2, 2003 provided bv Commission members. CU-2003-AR-4524, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requests Conditional Use #13 of the "A" Rural Agricultural Zoning District for the purpose of a 700- foot guyed communications tower per Section 2.6.34 of the Collier County Land Development Code. The property to be considered for the conditional use is located in Section 3, Township 51 south, Range 26 east, Collier County, Florida. This property consists of 14.55+ acres. Continued to January 13, 2004 - Approved - 5/0 C. Item continued from the November 18, 2003 BCC Meetinf!. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2003-AR-4525, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requests a variance of 690 feet from the minimum separation requirement from residential zoning of 1,750 feet to 1,060 feet; a variance of 450 feet from the required maximum height limitation of 250 feet to 700 feet for towers in an agricultural zoning district; and a variance of 6 feet from the required 30-foot side yard setback to 24 feet for a single guy anchor point in an agricultural zoning district on property hereinafter described in Collier County, Florida. Continued to January 13, 2004 - Approved - 5/0 Moved from Item #17 A D. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Request by William L. McDaniel for a Conditional Use re-review ofCU-OO-ll, Longan Lakes Excavation, for property located at 7000 Big Island Ranch Road, further described as Section 25, Township 47 south, Range 25 east, Collier County, Florida Resolution 2003-429 Adopted - 5/0 8. ADVERTISED PUBLIC HEARINGS A. Item to be continued to the Januarv 27, 2004 BCC Meetinf!. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2002-AR-3l58, Robert J. Mulhere, AICP, ofRWA Inc., and Richard D. Yovanovich, Esquire, of Goodlette, Coleman and Johnson, representing Eco Venture Wiggins Pass Ltd., requesting a rezone from 10.45 acre parcel from C-4 to a residential 4 December 2, 2003 Planned Unit Development to be known as "Coconilla" PUD to allow for: A maximum of 95 residential units on +/- 10.02 acres of developable area for a resulting density of 9.5 dwelling units per acre, specifically including a residential tower at a building height not to exceed 21 stories over parking (maximum of 225 feet above the required flood elevation and in accordance with the provisions of Section 2.6.3.1 of the Collier County LDC), town home units, and a marina basin with 52 boat slips and customary accessory uses, including a publicly accessible ship's store and marine fueling station of approximately 5000 square feet of commercial space; and, a +/- 0.80 acre public use tract providing for additional public vehicle and boat trailer parking to provide: Support for Cocohatchee River Park, access to the marina ship's store, and egress to Vanderbilt Drive for park patrons to allow for safe egress via a protected northbound turning movement at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive for property located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road in Section 17, Township 48 south, Range 25 east. B. Item continued to the J anuarv 27 ~ 2004 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition PUDZ-03-AR-4008, C. Laurence Keesey, of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" (Planned Unit Development) for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US 41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8 and 9, Township 49 south, Range 25 east, Collier County, Florida. C. Item continued to the Januarv 27~ 2004 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition DOA-03-AR-4777, C. Laurence Keesey, of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting an amendment to the Pelican Bay Development of Regional Impact (DRI), to relocate 170,343 square feet of approved, but not yet 5 December 2, 2003 constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US 41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8, and 9, Township 49 south, Range 25 east, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS Moved from Item #6C A. Public Petition request by Mr. Michael Fernandez to discuss Nicaea Academy PUD-AR-2607. Request for reconsideration of conditions approval Denied - 5/0 10. COUNTY MANAGER'S REPORT Continued to BCC 12/16/03 A. Approve a Tourist Development Tax Category "A" Funding Policy for beach renourishment and beach park facilities. (Jim DeLony, Administrator, Public Utilities Division) B. Review staff recommendations for further assessment of alternative administration of the Collier County Airport Authority and ordinance revisions and provide direction. (Winona Stone, Assistant to the County Manager) Approved w/stipulations - 5/0 C. Item continued to the December 16~ 2003 BCC Meetin2. Provide information to the Board of County Commissioners on hours of operation for construction activities including excavating operations. (Joseph K. Schmitt, Administrator, Community Development) Time certain 1 :00 P.M. D. Approve a resolution to authorize the Collier Mosquito Control District to expand boundaries further into the Golden Gate Estates. (John Dunnuck, Administrator, Public Services Division) Resolution 2003-430 Adopted - 4/0 (Commissioner Coyle out) 6 December 2, 2003 Moved from Item #16A2 E. Approval of a resolution to adopt a policy for the approval of funds for payment or reimbursement of travel expenses for official tourism business. Resolution 2003-431 Adopted wlchanges - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Approval of settlement agreement and mutual release involving litigation in Collier County v. Naples Geriatric Properties, LLC AKA Summer House Case No. 03-229-CA in the Circuit Court of the Twentieth Judicial Court. Approved - 5/0 B. Approval of Settlement Agreement and Mutual Release between Collier County and Colleen Macort and Access Now, Inc., in reference to Case No. 2:03-cv-109-FTM-29SPC that is now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. Approved - 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public Vehicle Ordinance Update - to be presented at 1 st Mtg. in January B. Updated Ethics Ordinance - to be presented at 1 st Mtg. in January C. Fleishmann Property (Negotiation period expires 1/19/04); County Manager to work wlClerk's Office for Short-term Commercial Paper (5yr) D. Agreement wINCH Update - to be brought to the December 16th Mtg. E. Goodland District F. Snowfest G. Davis & Airport Road Intersection Evaluation H. Florida Association of Counties - recognizing needs of smaller counties ------------------------------------------------------------------------------------------------------------ 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 7 December 2, 2003 each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted with changes-5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Proposed budget amendment to allow a net transfer of$3,652,700 from Community Development and Environmental Fund 113 Reserves to the Fund 113 Software System Replacement Project. Moved to Item #10E 2) Approval of a resolution to adopt a policy for the approval of funds for payment or reimbursement of travel expenses for official tourism business. 3) Proposed amendment to Resolution 2003-340 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. Resolution 2003-418 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Indian Wells Golf Villas". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003-419 5) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Ventura, Phase One". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003-420 6) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Ventura, Phase Two". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by 8 December 2, 2003 Collier County. Resolution 2003-421 7) Request to approve for recording the final plat of "Chase Preserve First Replat", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. W /Stipulations 8) Request to approve for recording the final plat of "Summit Place in Naples, Phase I", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. W /Stipulations 9) Approve an agreement to accept a 100% reimbursable artificial reef- monitoring grant in the amount of $3,500 from the Florida Fish and Wildlife Conservation Commission. 10) Petition CARNY-2003-AR-5043, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the Annual "Snowfest" Carnival on December 6 and 7, 2003, at the Golden Gate Community Park located at 3300 Santa Barbara Boulevard. CP 2003-07 11) Petition CARNY-2003-AR-5058, Sandra Ramos, Program Leader, Collier County Parks and Recreation, requesting a permit to conduct the lOth Annual "Christmas Around The World" Carnival on December 13,2003, at the Immokalee Sports Complex located at 505 Escambia Street. CP 2003-08 12) BOARD OF COUNTY COMMISSIONERS ACTING AS COMMUNITY REDEVELOPMENT AGENCY. Approve the rescinding of the $329,046 Community Development Block Grant (CDBG) funding that was to be used for Stormwater Management and Infrastructure Project on Linwood Avenue within the Bayshore/Gateway Triangle Redevelopment Area, the termination of the CDBG Agreement due to inability to meet the grant deadline for 9 December 2, 2003 the expenditure of funds, and the attached resolution. Resolution 2003-422 B. TRANSPORTATION SERVICES 1) Recommendation to award Bid #03-3572 - "Bayshore Bridge Beautification Project Phase 2" to Thomas Marine Construction Inc., in the amount of $297,400 and authorize any budget amendments required. 2) Approve a budget amendment to reallocate funding for the Rural Safety Refuge Shelters Project that was approved in FY03 in the amount of$135,125. 3) Board approval of Adopt-A-Road Program agreements at the Board of County Commissioners meeting on December 2, 2003. 4) Board approval to reject bids received under Bid #03-3512 "Real Estate Appraisal Services", and approve continuation of services for real estate appraising under RFP #01-3204. C. PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record lien. Resolution 2003-423 2) Adopt a Resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record lien. Resolution 2003-424 3) Adopt a Resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1994 Solid Waste Collection 10 December 2, 2003 and Disposal Services Special Assessment. Fiscal impact is $12.00 to record lien. Resolution 2003-425 4) Adopt a Resolution approving the Satisfactions of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $22.50 to record the liens. Resolution 2003-426 5) Authorization to execute and record Satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $22.50 to record the Satisfactions. 6) Recommendation to award Bid #04-3573 - "Annual Contract for Emergency and Scheduled Sewage Hauling" to Southern Sanitation Inc., in the estimated amount of $150,000. 7) Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $66.00 to record the liens. D. PUBLIC SERVICES 1) Recommendation to direct the County Attorney to draft an ordinance to create an Animal Services Advisory Board. 2) Approve budget amendments totaling $34,016 to move United Way 4- H Foundation Grant Funding from the General Fund to the Miscellaneous Grants Fund. 3) Authorize the Chairman to sign two State of Florida Emergency Medical Services Matching Grant Applications in the amount of $77,171.10. E. ADMINISTRATIVE SERVICES 11 December 2, 2003 1) Approve to purchase vehicles and equipment from Bid #03-11-0825 and Bid #03-04-0828 as coordinated by the Florida Sheriff's Association, the Florida Association of Counties, and the Florida Fire Chief's Association. -At a cost of $30,407.00 2) Recommendation to award RFP No. 03-3551, a contract for cellular communications services and equipment (estimated value $280,000). F. COUNTY MANAGER G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta's request for approval for payment to attend Pre-Legislative Delegation Luncheon. - Tiburon Golf Club on November 25, 2003; $35.00 2) Commissioner Henning's request for approval for payment to attend Pre-Legislative Delegation Luncheon. -Tiburon Golf Club on November 25, 2003; $25.00 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Approve the stipulated final judgment relative to the acquisition of Parcel 174 in the lawsuit styled Collier County v. Michael S. Combs, et aI, Immokalee Road Project No. 60018. -as detailed in the Executive Summary 2) Approve termination of agreement between AEC National Inc., and Collier County (Contract No. 98-2867 Design Professional Services Agreement-Naples Jail Center) and declare a valid public emergency and waive the competitive selection process for retention of 12 December 2, 2003 replacement consultants. 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 RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Moved to Item #7D A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Request by William L. McDaniel for a Conditional Use re-review ofCU-OO-ll, Longan Lakes Excavation, for property located at 7000 Big Island Ranch Road, further described as Section 25, Township 47 south, Range 25 east, Collier County, Florida. B. Item continued from the November 18. 2003 BCC Meetin2. 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. Resolution 2003-427 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition DOA-2003- AR-391I, William R. Vines of Vines and Associates, requesting an amendment to the Tollgate Commercial Center, a Development of Regional 13 December 2, 2003 Impact (DR!) in order to extend the life of the development order from December 30,2002 to December 29,2007, for property located in the southeast quadrant of 1-75 and Collier Boulevard, further described as Tollgate Commercial Center, in Section 35, Township 49, Range 26 east, Collier County, Florida. Development Order 2003-03/Resolution 2003-428 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 December 2, 2003 '2A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 2. 2003 Item 6A continued to December 16. 2003 BCC meetina: Public Petition request by Mr. Charles H. Gunther regarding the removal of the Gateway Triangle from the Community Redevelopment Agency. (Petitioner request.) NOTE: Item 6C: The County's reconsideration ordinance requires a member of the Board to request an agenda item to consider a reconsideration of a prior agenda item under the "Board of County Commissioners" part of the agenda. This act, if requested, must be done at the start of the meeting. (David Weigel, County Attorney.) Item 8B was continued to the January 13. 2004 BCC meetina and is further continued to the January 27. 2004 BCC meetina. Petition PUDZ-03-AR-4008, C. Laurence Keesey, of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" (Planned Unit Development) for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8 and 9, Township 49 south, Range 25 east, Collier County, Florida. (Staff request.) Item 8C was continued to the January 13. 2004 BCC meetina and is further continued to the Januarv 27. 2004 BCC meetina. Petition DOA-03-AR-4777, C. Laurence Keesey of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting an amendment to the Pelican Bay Development of Regional Impact (DRI), to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number of residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25 east, and Sections 4, 5, 8, and 9, Township 49 south, Range 25 east, Collier County, Florida. (Staff request.) Move Item 16(A)2 to 10E: Approval of a resolution to adopt. a policy for the approval of funds for payment or reimbursement of travel expenses for official tourism business. (Commissioner Henning request.) Move Item 17A to 7D: This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Request by William L. McDaniel for a Conditional Use re-review of CU-00-11, Longan Lakes Excavation, for property located at 7000 Big Island Ranch Road, further described as Section 25, Township 47 south, Range 25 east, Collier County, Florida. (Commissioner Halas request.) '2A NOTE: Item 178: Page 2, Planning Services Staff Recommendations, delete conditions 6 and 7 and add condition 6. "There shall be an exotic vegetation removal, monitoring and maintenance plan that when implemented will maintain the site exotic-free in perpetuity. The plan shall be submitted to Department of Zoning and Land Development staff for review and approval as part of the site development plan submittal"; condition 7, "Should the parcel to the east develop before the subject parcel, the subject parcels access point shall be re-designed to align with the access point for the parcel to the east." And condition 8, "The childcare program shall take place in facilities located at the center of the subject site." (Joseph Schmitt, C.D.&E.S. Administrator.) TIME CERTAIN ITEMS: Item 100 to be heard at 1 :00 p.m. Approve a resolution to authorize the Collier Mosquito Control District to expand boundaries further into the Golden Gate Estates. PROCLAMA TION '4A WHEREAS, on February 11, 2003, the Collier County Board of Commissioners established the Community Relations Information and Referral Service to assist county residents through referral: and, WHEREAS, this new service addresses discrimination complaints from residents of the county in the areas of employment, housing, public accommodation and the Whistle Blowers Act: and, WHEREAS, Collier County has initiated a marketing campaign to promote this service and to educate the residents of our community through public forums, Channel 11/16 programming, flyers and brochures, Web site information, periodic news releases, the creation of a logo unique to this service, contact with community leaders and a dedicated phone line to receive calls from concerned citizens: and, WHEREAS, Collier County remains in constant contact with local and state officials of the Florida Commission on Human Relations to assure county residents that the most and accurate information is available: and, WHEREAS, nts and have been and Referral . s for WHEREAS, NOW THEREn ers of Collier designated as ~ ATTEST: PROCLAMATION 4B I' WHEREAS: Stuart Perry began his awareness program from Americus. Georgia. eight years ago; and. WHEREAS: Stuart organized a three month 1.000 mile walk from Americus. Georgia. to Chicago. Illinois. to the American Medical Association to remove the stigma of mental illness and depression; and. f WHEREAS: Stuart has been asked to speak as a Mental Health and Voter Empowerment Advocate in forty-five states. with an invitation to address an international meeting in Munich. Germany; and. WHEREAS: Stuart has been recognized by the National Mental Health Association with the Clifford Beers Award in 2000; and. WHEREAS: Stuart has received endorsements from former President Jimmy Carter and former First Lady Rosalynn Carter and Millard & Linda Fuller. co-founders of Habitat for Humanity; and. WHEREAS: Stuart received thl contributio,....tQ"W, rcJ for outstanding '" . and . WHEREAS: . e Sessions of WHEREAS: nt in bama. New ing t to the WHEREAS: NOW THEREFOR Collier Coun . "0;::, the county's commitment. ommissioners of ceive recognition . and that he accepts enuine gratitude for this DONE AND ORDERED THIS 2nd DAY OF DECEMBER 2003 N ATTESTED ~ ~ \ ..... ~ -t.~ DWIGHT E. BROCK. CLERK -~~:..~ ...,. ~",.".. ,.,-. .f- _~. r,. ~t' ~. ~:'"... Z r'\' ';' ';. ';. ~..." . , ~~ :- ': ~ :,. \, ~ -'. ~_..... ... '; . ':J . ..7. " ' ' ,,~""(A '"l'" ,Ie ~~.7"...~, ~.. I~~t!\. t , t"................ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS '7D To: Clerk to the Board: Please place the following as a: Normal legal Advertisement Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating Dept/ Div: Comm.Dev.Serv./Planning Person: ~~ rYl;ke- ~~ Date: to -2/-,:)) Petition No. (Ifnone, give brief description): CUR-03-AR-4702 Petitioner: (Name & Address): William McDaniel/President, Big Island Excavating, Inc., 7000 Big Island Ranch Road, Naples, Florida 34120-2454 Name & Address of any person(s) to be notified by Clerk's Office: (If more space" is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: 12/2/03 Based on advertisement appearing ll.. days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: CUR-03-AR-4702 - See attached Resolution Title William L. McDaniel, of Big Island Excavating, Inc., requesting a re-review of Conditional Use CU-OO-ll, which authorized the expansion of excavation at Logan Lakes, per Board direction on January 23,2001. Does Petition Fee include advertising cost? XX 113-138312-649110 Reviewed by: Yes 0 No If Yes, what account should be charged for advertising costs: ~n~ /O!Z1 (0:> I Date County Manager DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: Approved by: Date o County Manager agenda file: to Clerk's Office o Requesting Division o 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: 10/31/03> Date of Public hearing: lz.{z"/03 Date Advertised: (I /1 b {03 .,.,.~"....7' :0' , ~' .. . .~; be, RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE CONFIRMATION OF THE PRIOR ESTABLISHMENT OF CONDITIONAL USE "1" IN THE RURAL AGRICULTURAL ZONING DISTRICT FOR AN EARTHMINING FACILITY WITH MOBILE HOME OVERLAY (A-MHO) PURUSANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TOGETHER WITH THE MODIFICA TION OF THE STIPULATIONS GOVERNING THE OPERATION OF THE EARTHMINING FACILITY LOCATED IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125 Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic di visions of the County, among which is the granting of Conditional Uses; and WHEREAS, on January 11, 2000, the Board of Zoning Appeals of Collier County, Florida approved Resolution Number 2000-11 which established an earthmining facility conditional use (Conditional Use 1 of the Rural Agriculture Zoning District with Mobile Home Overlay (AHMO) pursuant to Section 2.2.2.3. of the Land Development Code); and WHEREAS, Paragraph 7 of Exhibit "D" of said Resolution provides as follows: This earthmining operation shall be reviewed for compliance with the conditions of this Conditional Use and applicable provisions of the Collier County Land Development Code, by the Board of Zoning Appeals biannually (every odd numbered year) for the life of the operation unless such subsequent reyiew(s) are waived by the Board of Zoning Appeals. WHEREAS, Resolution Number 2000-11 remains in full force and effect; and WHEREAS, the Board of Zoning Appeals has conducted the review of the earthmining activity as required by the Resolution; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: ./, ~ 7D Exhibit "B" attached hereto and incorporated by reference herein be hereby confirmed as Conditional Use" I" of Section 2.2.2.3 of the Collier County Land Development Code in the Rural Agriculture with Mobile Home Overlay (A-MHO) for an earthmining facility and be permitted to continue operations as stipulated herein in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following modified conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Olh~.u'J~'~ Marjorie . Student Assistant County Attorney 2 Aug 29 03 09:31a Board Minutes L Records 774-9409 p.4 - FINDINGOFF~ BY / COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR lt70 13A 1 CU-2000-11 The following facts are found: 1. Section 2.2.2.3. J of the Land Development Code authorized the conditional use. 2. Granting the conditionaJ use will not advcmely aJJect the public interest and will not adversely alfcet other property or uses in the same district or neighborhood because of: A. Consistency with the Land DJwelopment Code and Growth Management PIau: Yes~No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestri8l1 safety and conveniencc. traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Ycs-t,L...No_ C. A1fects neighboring properties in relation to noise, glare, ccoiiOJiiiC or OdOr effects: / -IL- No aJfect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use with~trict Yes No_ Based 0Il1be above findioss, 'hS.... shoukI, with slipulali .... (copy aIIacbed) ~ be recommeuded fo ~rovaI . DATE: //-/V~() CHAIRMAN: EXHIBIT .. Aut 28 03 09:31a Boa~d Minutes L Reco~ds 774-8408 p.s ",::~;~' ~~ . . ~., . ....:~. .:~: .... . ,t.::. ,',. . ,- . .' .... ~'.' '., ;' ":.,l..':'~, '~'~~:;~i-.,:;~;"", ":' :I . " " ." .... .;.; ',,::.:," ~-'-:' >~. '::. '.jj ", .: .,::..., ~J:.' . t.~ .' ',- ',..,. : ;': I ,'...., . . '.o' ~ ~{~:.: ~: to ,,; -:' . 'O.," .... .- . :: . . . '.~.~ .::.....:'. - " ....'(, - .. ' ~<L::'.". " "" ... ...... :~. ....::- '. J;':::"5~~/~ .' ,.~;;:;t;::,;-:. ~~:'.?;~~~:<,:',L:,;;:':. :::.'> ' . -..;.. ." . ..f'" . .' - . :f. . '. . ~ ,'~': :':~ "'-::<~.,~:~~ . . ...... ". ::" ;,1..- . ..... ". . ',I=",i.b ~';' . h~i:E~'~::j;;;';;;,':;~.. . \.:~. ~ ...~: .. ~," ~ \ :" . .>.,.-. ~::.' , . ,-.. .:,:-~"".., .: ',::.: ..... .... ".. . ... Au~ 28 03 09:32a -', lie. -ESTAI(S 47 :" Board Minutes . Records 774-B"tUB p.t;; J PARCEL "- THE NORMAST 1/4 or SEClIOH 25. TO_SHIP 47 SClJ1H, RANG( 2'1 EAST. 7 D J COLLIER COUNTY. FlORGA. THE EAST ONE-HAlF (E 1/2) OF' M NORTHEASt ;.'j"- ONE-QUARTER (NE 1/4) OF 1M[ NORTHEAST OHE-QUARlER (N[ '/4) OF .THE ' NQR1HlAST ONE-QUNnER (HE t/4) OF SAID SEClION 251'LESS 11€ NOR'1tt 50 f'[[T F'OR COUNTY ROAD 841; AND THE EAST ONl-HALff"(E 1/2) CE THE SOUlHEAST ONE-QUARtER (SE 1/4) or lH[ NORTHEAST ON[-QJAR1[R (HE 1/4) OF THE NORTHEAST ONE-QUARTER (N[ 1/4) CE SAID SEC110N 251 ND EAST (E 1/2) OF M NOR1HEAST ONE-QUARTER (N[ 1/4) or THE sc6ntEAST ONE-QUARTER (SE 1/4) OF tHE NORtHEAST QN(-QUARTER (HE 1/4) OF SAID ::~25. l.3A 1 P~8 COMMENCING AT 1H[ NORTHEAST CORNE(t Of' SECTION 25. TO..,. 47 SOUlM. RANG[ 27 EAST. COUJ(R COUNTY, FLORIDA. RUN HORne 89"22'1ct' CST 332.&5 FEET AlONG THE NORTH LINE OF SAID S[C1IDN 2&, SAID lINE ALSO BEtNG 1HE CEN1ER LINE Of' C. R. 846:; THENa: SOUtH 00'01'10" WEST M.oo FEET 10 tHE SOUtH RlCHt-ClF- WA y LINE or C. fl. 841 AND 1tf( POINT or BD:INMNG; THENCE SOUTH 00'01',0- WEST 2,111,52 FEET: 1MENC[ NOA1M 8I"24'4tY , f€ST 1..134.10 fUT ALOHG tH[ EAST-WEST 1/4 UHE OF SAD SEClION 2~ THENCE N(JIlH 0lT14',g. EAST ',33'.21 fEET: 'HENCE SOU'" H"23'20- EAST JJ.3.~' F'EET; tHENCE NDATH 00'12".- EAST 1,211.01 fUT TO THE SAID- SOUtH RlGHT-or-WAY UN[ OF C. R. 846: THENa: SOUtH 89"22"ct' EAST .7.n F'EET AlCNG SAID RJCHT-Qf-WA Y TO THE POINT OF BEGINNING. ~ .- "0",. . LIfE i PARCEL C 1ltE WEST ONE-HALf' (W '12) OF THE NQRlH[AST ONE-OUARD (II[ 1/.) OF' THE NQRniWEST ONE-QUARTER (NW 1/4) OF THE NCR1HEAST QN[- QUARTER (NE 1/4) or SECTION 2!, LESS tHE NDRTH 50 FU1 lHEItEOF' AND LESS THE SOUTH 30 fEET lHERECF RESERVED FOR ROAD PURPCSB. L l'ING AND .. IN TOWNSHIP .7 SOU..... RANG( ~7 EAST. COI.IJER COUNTY. FlORIDA. AND j PARCEL D 1'HE WIEST ONE-HALF' (W 1/2) (6 H SOUMAST ONE-QUARTER (SE , /.) or THE NORTHWEST ONE-GIIARTER (N_ 1/4) 01 1HE NORlHEAst ONE- QUARTER (HE 1/.) OF SECTION 2:a, TOWNSHIP 47 SOUTH, RANCE 27 EAST, LESS THE NORlH 30 FEET lHfRfOf', RESERYED Fl1R ROAD PUAPOSU. SAID LAND l liNG. BEING AND stnJAlED ... COlUER COUNTY. FlORIDA. ANO J PARCEL [ THE EAST ONE-HAlF (E 1/2) 01' THE SOUTH[ASl ONE-QUARTER (SE 1/4) OfF THE SOUtHEAST ONE-QUARTER (SE 'If) Of' THE NORTttEAST mE- ' QUARlER (HE 1/4) or SEC110N 2S, TOWNSHIP 47 SOUTH, RANG[ 21 EAST, 'Ca.UER COUNTY, FlORIDA. : AND PARCEL F _ THE EAST CM:-HALF (E'/2) or DfE SOUTHEAST ONE-QUARtER (SE 1/4) bf' 1HE NORTHYtEST ONE-QUAR1ER (NW 1/4) OF THE NORlHEAST QN(- QUARTER (N( 1/4) OF ~cnON 25, TOWNSHIP 47 SOUll1, RANCE 27 EAST. LESS TlfE NORTH 30 f'EET THEREOF' RESER\lED FOR PURPOSES. BEING IN , COUP COUNTY, nClRlDA. AND ~ .1 PARCEl G' THE EASl ONE-HAlf (E 1/2) or 1HE NORtHEAST ONE-QUARTER (NE 1 /4~ Of 1Hf NORTHWE51 ONE-QUARlER (NW 1/4) CE THE HOR1'HEASl ONE- QUARTER (HE 1/4) or SECTION 2~, TOWNSHIP 47 SOUlH. RNIGE 2' r:' .4. ST. LESS lIfE NORTk 50 FEET THEREOF AND LESS '!HE SOUTH 30 FEET ; tHEREOf' RESERVED FOR ROAD PURPOSES. AlL IN COLUER COUN1Y. nr-. r- 1..'~'- .......... ...-.. ...--.---.....-..... ....-... -......-. Exhibit -9" ~ -! " 'J --' Auc 29 03 09:32a II -. I. ~I , i Board Minutes & Records ,-. .-. C. R. 846 f"----7~~-- I I ~~ ~ I I - ~- I tj 11&1 w. b ::>rft 5 . ~W~ ~ ! I fii:;) Ell I _ Z~ r I ~..... 0< ..../. ;) u~ ! t J eiE i \ ~ :) I me : ~~ ~ I r ___:.I ;:S~ II I ZIlI1 . I 1 !~ ! L-----_ ~J!-- .--- -- p .... .... - --_.~._..._.......n._ ;~ Ii i; -- ~ ~ z 9 5 ~ I i I i ~ ; M , If!:; III~ I . . . , _1OL1_ JfININli ~~ :11 ~~~a IiII e;z~ ~fI w;i~ ~i c :; C.. t:!" ai = I 774-9409 '- .. \ , elK ...~ g~ - I .. '.. '-'--.--- tit IVlt ,~II'I~ ' ....s >- ~ It ~ 81 5ti VJ:; w il"'~ I-~i - I; v:I .. ~ w z :) [J >- a,all! ~II~ ~II~ ~ 'J.g a. lilt z o ~ g- e:. II 15 -- VI;- LaJ ..- J::l .= >- I. ..... .... ~ II. L.aJ .... c.. II 0-. ~ .... a.. III fflf.u t~.:~.~t.~~'t-.:4~;t.-:.~~:r.:~~-:.-t~;..:.: :.7.;:'.1 :$';.;r:..~;."~",,::,;~;:,:"~~~'~,f<~ St. E:M.Aibit lie" I~ i II II. III ,II ClII ill ~I! ~g il 911 I I ,PO? D - 3A l.~ 70 MODIFICATION OF ORIGINAL CD-2000-H. CONDITIONS OF APPROVAL CDR-2003-AR-4702 This approval is conditioned upon the following stipulations: 1. Blasting is permitted subject to Division 3.4 of the Collier County Land Development Code (Explosives). In addition to the provisions of Division 3.4, the County shall notify, by letter, property owners within 300 feet, a minimum of 10 days prior to blasting. The petitioner shall pay for the expense of this notification. Blasting shall not be permitted within 90 days of the previous blast. 2. The required lake littoral zone shall be pursuant to Section 3.5.7.2.5. Of the Collier County Land Development Code. 3. Prior to final acceptance of the excavation by the Planning Services Director, a 20-foot maintenance easement around the perimeter of the lake shall be dedicated to Collier County with no responsibility for maintenance. 4. Pursuant to Section 2.2.25.8.1 of the Collier County Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the collier county Code Enforcement Director shall be contacted. 5. Access to the site shall be via Immokalee Road only 6. Hours of operation are regulated by division 3.5 of the Collier County Land Development Code (Excavation). 7. This earthmining operation shall be reviewed for compliance with the conditions of this Conditional Use and applicable provisions of the Collier County Land Development Code, by the board of Zoning Appeals biannually (every odd numbered year) for the life of the operation unless such subsequent review(s) are waived by the Board of Zoning Appeals 8. Water pumps shall be muffled by earthen berms. 9. A berm, planted with Bahia grass and a minimum of ten (10) feet in height from natural ground elevation, shall be constructed along the western property line of the entire excavation within six (6) months of approval of the conditional use re-review. 10. These modification shall be incorporated within the original Conditions of Approval attached to CU-2000-11 and shall be made part of the official record CUR-03-AR-4702 CONDITIONS OF APPRO V AL EXHIBIT "D" ~ September 3,2003 Collier County Government Planning Services Department Attention: Mike Bosi 2800 Horseshoe Drive Naples, Florida 34104 Dear Mike Bosi, 7D Big Island Excavating, Inc. 7000 Big Island Ranch Road Naples, FL 34120-2454 Phone: 239-455-1218 Fax: 239-455-6635 {! fA -t)O -1/ Please consider this application for the Conditional Use Re-review. I have enclosed a check for $750.00 for Longan Lakes. If you have any questions, please do not hesitate to call. lliam L. McDaniel President Big Island Excavating, Inc. CUR-2003-AR-4702 PROJECT #2003090016 DATE: 915103 MIKE BOSI 7D October 31, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CUR-03-AR-4702 Dear Georgia: Please advertise the above referenced notice on Sunday, November 16,2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, ~~,bt Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING 70 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 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 CUR-03-AR-4702, william L. McDaniel, of Big Island Excavating, Inc., requesting are-review of Conditional Use CU-00-11, which authorized the expansion of excavation at Logan Lakes, per Board direction on January 23, 2001. The request is to provide for the confirmation of the prior establishment of conditional use "1" in the rural agricultural zoning district for an earthmining facility with mobile home overlay (A-MHO) pursuant to section 2.2.2.3 of the Collier County Land Development Code together with the modification of the stipulations governing the operation of the earthmining facility located in Section as, Township 47 South, Range 27 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 S 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. BROCKr CLERK By: Is/patricia L. Morgan, Deputy Clerk (SEAL) 7D Dwight E. Brock Clerk of Courts ~0up.t~--pfeollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURmOUSE 3301 T AMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 31101-3044 ':""'1' Clerk of Courts Accountant Auditor Custodian of County Funds "I October 31, 2003 William McDaniel/President Big Island Excavating, Inc. 7000 Big Island Ranch Road Naples, FL. 34120 Re: Notice of Public Hearing to consider Petition CUR-03-AR-4702 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~~,~ patricia L. Morgan, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us Patricia L. Morgan To: Subject: Jfi qeorgia} """,~7D ~...-' ~r Georgia (E-mail) Advertising - CUR-03-AR-4702 PCease run tfiis ad on Sunday} :Novem6er 16} 2003. 71iank.J ! 'Irisfi :M..inutes d ~cords ~ CUR-03-AR-4702.d oc ~ CUR-03-AR-4702.d oc Patricia L. Morgan ~,'.~i 7 0 From: Sent: To: Subject: postmaster@c1erk.collier.fl.us Friday, October 31,2003 11 :50 AM Patricia L. Morgan Delivery Status Notification (Relay) l~ r:---::l L:::j ATT213249.txt Advertising - CUR-03-AR-4702 1Jiis is an automatica[Ey generatecfcDefi1Jery Status :!Votification. ry'our message lias Geen successfufEy refayecf to the fo[[owi1l{j recipients, Gut the requestecf t!'efi1Jery status notifications may not Ge generatecf 6y the cfestination. fegafS@napfesnews.com Patricia L. Morgan ;, 70 From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, October 31. 2003 11 :41 AM Patricia L. Morgan Delivered: Advertising - CUR-03-AR-4702 D Advertising - CUR-03-AR-4702 <<jldvertising - CV~03-jI(j(-4702>> 'Your message %: qeorgia (CE-maiO Su6ject: jIdvertising - CV~03-jI(j(-4702 Sent: Pn; 31 Oct 200311:49:20 -0500 was cfefivered to tfie fo[Cowi1lf.J recipient(s): fegafs on Pri, 31 Oct 200311:41:14 -0500 Advertising - CUR-03-AR-4702 Page 1 of 1 Patricia L. Morgan 7D From: legals [legals@naplesnews.comJ Sent: Friday, October 31.20034:51 PM To: Patricia L. Morgan Subject: RE: Advertising - CUR-03-AR-4702 rcvd to run novo 16 georgia -----Original Message----- From: Patricia L. Morgan [mailto:Patricia,Morgan@c1erk.collierJl.us] Sent: Friday, October 31, 2003 11:49 AM To: Georgia (E-mail) Subject: Advertising - CUR-03-AR-4702 Jfi georgia, pfease run tfiis ad on Sunday, !Novem6er 16, 2003. %an~! rrrisfi 'M.inutes e:Z ~cords <<GUR-03-AR-4 702. doc> > <<CUR-03-AR-4 702. doc>> 11/3/2003 70 CUR.03-AR-4702 to' HOTICE OF PUBLIC H~ING Notice Is her~'y gIven that the Board of COuntY Commissioners of Col- lier County will hold a g",bllc hearing on Tues.! I"ay, December 2. 2003i n the Boardroom, 3ro' Floor. AdministratiOn! Building, Collier County Government Center. 3301 East Tamlaml Trail. Naples. Florida. The/' meeting will begin at 9:00 A.M. The Board will consider I Petition CUR-03.AR~4702 I William L.McOanlel. o~i Big Island Excavating, Inc.. requesting are. review of Conditional Use CU-ClO-U. which au- thorized the eXfansJon of excavation a Logan Lakes. per Board direc- tion C)n January 23. 2001. The request Is to pro- vide for the confirma- tion of the prior estab- lishment of conditional use "I" In the rural agrl- cultura' zoning dlstrlct for an earthmlnlng faclll. tywltl'l mobile -home overTay'(A-MHO) pursu. ant to section 2.2.2.3 of the Collier County Land Developmen'l Code to- gether with the modifi- cation of the stl.pula- tlons governing the op- eration of the earthmfn- ling facility located In Section 25. 1'ownshlp 4'1 South. Range 27 East. Collier County, Florida. 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 Item to be, addressed. Individual speakers will be limited to 5 minutes on anI( Item. The se'ec- tlon of an Individual to speak on behalf of an organization or grOUP Is encouraged. If recog- nized by the Cha'r. a spokesperson Jar a group or organlzatton may be allotted 10 min- utes to speak on an Item. 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 I time in the issue on November 16th, 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 I 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. ILJJ,~ ( Signature of affiant) .,';,,~A~:'f~6;:., Harriett Bushong [:rrb.';.~;% MY COMMISSION # DD234689 EXPIRES ~c.}.~~~f July 24, 2007 '~~<;':ro."\'s~,...,,, BONDED THRU TROY F^I~~ INSUPANCf, INC Persons wishing to have written or graphic ma~ terla's lncluded In the Board agenda PJSckets must submit said ma- terial a minimum of 3 weeks prior to the re- spective public hearing. I In any case. written ma. terlals Intended to be considered by the Board shall, be SUbmitted to the IIPPfODrlatecounty staff II minimum of sev- enb/days prior to the' PU Ik:hear!ffll. All ma'l terlal used Inpresenta-j tlonsbefore the Board. will b~ome a perma-,' nent Part of the record. I Any person who decldesl' ttho !\ppeal a decisIon of e IlOIlrd will need a reo cord of the proceedings I 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 IUllbon which tile appeal s lUIed. BOARD OF COUNTY COMMlSISONERS COLUER COUNTY. FLORI- DA , ~~~, HENNING, CHAIR. DWIGHT E. BROCK CLERK ' By: /s/Patrlcla L. Mor- gan. Deputy Clerk (SEAL) Nov. 16 No. ~7 Sworn to and subscribed before me This 18th day of November ,2003 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 P/J~o/~~ ~~ ~~ 3301 East Tamiami Trail- Naples, Florida 34112 - 4977 (239) 774-8097 - Fax (239) 774-3602 fI1r~ .fr.D yo, f;). - ;l.. 03 /5C rntj December 4, 2003 lOB The Honorable Bonnie MacKenzie, Mayor Naples City Hall 735 Eighth Street South Naples, FL 34102 Dear Mayor MacKenzie: This correspondence is to inform you of the Board of County Commissioners actions at our December 2,2003, meeting regarding item lOB, "Review Staff Recommendations for Further Assessment of Alternative Administration of the Collier County Airport Authority and Ordinance Revisions and Provide Direction." After review of staff recommendations, the Board provided several directives to the Collier County Airport Authority and County staff_ Please consider this letter as a formal request by the Board for the Naples City Council and Naples Airport Authority to enter into discussion with the Collier County Airport Authority to determine if there are opportunities for the entities to work together to increase economic viability (economies of scale) and improve aeronautical activities throughout Collier County. Should the City Council agree to the above request, the Board further requests that Commissioner Coyle, as the Board's Airport System Assessment liaison, participate in any future discussions. The Board appreciates your consideration of our request and we look forward to the results of this cooperative effort. Si~~f)L-k Tom Henning, Chairman Board of County Commissioners /wws C: Board of County Commissioners Jim Mudd, County Manager Dr. Robert Lee, Naples City Manager Peter Eschauzier, Naples Airport Authority Chairman Ted Soliday, Naples Airport Authority Executive Director Dennis Vasey, Collier County Airport Authority Chairman Gene Schmidt, Collier County Airport Authority Executive Director lOB P/Jowd o/W~ Yfoumt}/ Yf~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 Donna Fiala District 1 Frank Halas December 4, 2003 District 2 Tom Henning District 3 Mr. Dennis Vasey, Chairman F~ed ,w. Coyle Collier County Airport Authority Dlstnct 4 Jim Coletta 2003 Mainsail Drive District 5 Naples, FL 34114 Dear Mr. Vasey: This correspondence is to inform you of the Board of County Commissioners actions at our December 2,2003, meeting regarding item lOB, "Review Staff Recommendations for Further Assessment of Alternative Administration of the Collier County Airport Authority and Ordinance Revisions and Provide Direction". After review of staff recommendations, the Board directed the following actions: 1. Request that the Naples City Council and Naples Airport Authority enter into discussion with the Collier County Airport Authority to determine if there are opportunities for the entities to work together to increase economic viability (economies of scale) and improve aeronautical activities throughout Collier County. 2. Request that Commissioner Coyle, as the Board's Airport System Assessment liaison, participate in any discussions between the Naples City Council and the two Airport Authorities. 3. Request that the Everglades City Council meet with the Collier County Airport Authority to establish a line of communication and open discussion to evaluate options and determine what, if anything, should be done with the Everglades Airpark. Input from Everglades City residents should be solicited prior to making such determination. At the current time the Board does not consider selling the Everglades Airpark property as a viable option. 4. The Collier County Airport Authority is directed not to expend any Federal Aviation Administration (FAA) grant funds on the Everglades Airpark until the disposition of item 3 is determined. 5. The Collier County Airport Authority is directed to outsource the Immokalee Regional Airport Industrial Park as recommended by the Economic Development Council. 108 6. The Collier County Airport Authority is directed to advertise a Request for Proposal (RFP), including a one-quarter page advertisement to be run in the Wall Street Journal, describing the Immokalee Airport facilities and soliciting proposals for utilization and operation of the Airport. 7. The Airport Authority is to provide the Board with a status report on the above items no later than the joint Board! Airport Authority Workshop to be scheduled prior to the submission of the Authority's FY 05 budget request. In addition to the above, the Board has directed staff to draft several amendments to the Airport Authority Ordinance. Staff was also directed to revise the references to "net income" status for determining when repayments are required, contained in the July 25, 1995 Collier County/Airport Authority Agreement for Repayment of County Advances to the Airport Authority, to wording acceptable to the Clerk of Courts. Please do not hesitate to contact me should you have any questions regarding the actions taken by the Board. smcJ~k Tom Henning, Chairman Board of County Commissioners /wws C: Board of County Commissioners Dwight Brock, Clerk of Courts Jim Mudd, County Manager David Weigel, County Attorney Mayor Bonnie MacKenzie, City of Naples Dr. Robert Lee, Naples City Manager Mayor Sammy Hamilton, Jr., Everglades City Tammy Smallwood, Everglades City Council Chairperson Peter Eschauzier, Naples Airport Authority Chairman Ted Soliday, Naples Airport Authority Executive Director Gene Schmidt, Collier County Airport Authority Executive Director l?-}'J-)O"?;' 106 RESOLUTION NO. AQ~'DA l'ft.. ~~. ~ 108 SERIES 2003 A RE,SOLUTION OF THE CITY COUNCIL OF THE EVERGLADES CITY, FLORIDA ESTABLISHING A POSITION OPPOSING THE DISCONTINUATION OF THE EVERGLADES AIRPARK ,WHEREAS, the City Council of the City of Everglades City, Florida, has determined that the Everglades Airpark provides a unique and supportive position in the needs, desireS, problems and necessities which confront, and are experienced by the people of , Everglades City; and WHEREAS, the City Council believes that as inheritors of the community, are certainly" , . deserving of a voice and representation, in efforts adopted by the City to identify and resolve issues whichconcem the Everglades Airpark; and WHEREAS, the business conducted in Everglades City'a:rrlvingat Everglades Airpark . contributes significantly to the vitality of the City's economy and trade; and , ' , , WHEREAS, the Everglades Airpark is the most convenient runway to medical facilities for transport of critically ill patients and donor organs; and WHEREAS, the City Council feelsit is important to provide an opportunity for the . community of Everglades City to acqwrethe Everglades Airpark and continue to operate , 'the Airpark in order to continue providing for the community and appreciate its use through participation; and NOW, THEREFORE, BE IT RESOLVED, TIlE CITY COUNCIL OF THE CITY OF EVERGLADES CITY, FLORIDA: The City Council of Everglades City openly opposes the discontinuation of the Everglades Airpark. The purpose of the Airpark is to provide to the needs of the community not only for day-to-day business activities, but also in times of emergency. The City Council intends to use its best efforts to take possession and continue the operation of the Airpark on behalf of the Everglades City Community. INTRODUCED; READ, PASS D AND ADOPTED by the City Council of Everglades City, Florida, this l?f day of CCi' 003. Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PJJ~o/~~ ~~ ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 December 4, 2003 Peter Eschauzier, Chairman Naples Airport Authority 160 Aviation Drive North Naples, FL 34104-3568 Dear Chairman Eschauzier: This correspondence is to inform you of the Board of County Commissioners actions at our December 2,2003, meeting regarding item lOB, "Review Staff Recommendations for Further Assessment of Alternative Administration of the Collier County Airport Authority and Ordinance Revisions and Provide Direction." After review of staff recommendations, the Board provided several directives to the Collier County Airport Authority and County staff. Please consider this letter as a formal request by the Board for the Naples Airport Authority to enter into discussion with the Collier County Airport Authority to determine if there are opportunities for the entities to work together to increase economic viability (economies of scale) and improve aeronautical activities throughout Collier County. The Board further requests that Commissioner Coyle, as the Board's Airport System Assessment liaison, participate in any future discussions. Based upon the Naples Airport Authority's actions at your July 17,2003 meeting, we understand that you have already authorized your Executive Director to open discussions with City and County officials regarding the operation of the County airports. The Collier County Airport Authority should be contacting your Executive Director shortly to set up a meeting for preliminary discussion. The Board appreciates your consideration of our request and we look forward to the results of this cooperative effort. SincereM . Ai -...r · ,--J~:rr- ~ ~ Tom Henning, Chairman r Board of County Commissioners /wws C: Board of County Commissioners Jim Mudd, County Manager Mayor Bonnie MacKenzie, City of Naples Dr. Robert Lee, Naples City Manager Ted Soliday, Naples Airport Authority Executive Director Dennis Vasey, Collier County Airport Authority Chairman Gene Schmidt, Collier County Airport Authority Executive Director (Yl ct oe . I ;;J -;J. - 03 fr/::t4 .. m;;V:Y'.i,!,. 1 iJI If' ." ";:'?" 4, .~~3i",; .~ "~~~nv;;3;:f&::#;; MEMORANDUM Date: December 31 2003 To: John Dunnuckl Administrator Public Services From: Trish Morgan 1 Deputy Clerk Minutes & Records Department Re: Expansion of Boundaries of the Collier Mosquito Control District Please find enclosed one copy of the document as referenced above 1 Agenda Item #10D1 as approved by the Board of County Commissioners on TuesdaYI December 21 2003. If you should have any questionsl please contact me at 8406. Thank you. Enclosure lOa ;'.~ 100 RESOLUTION NO. 2003. 430 A RESOLUTION APPROVING THE EXPANSION OF THE BOUNDARIES OF THE COLLIER MOSQUITO CONTROL DISTRICT, PURSUANT TO SECTION 388.211, FLORIDA STATUTES. WHEREAS, a Mosquito Control District was created in Collier County in 1950 encompassing six square miles with expansions occurring in 1963, 1971, 1972, 1982, 1989, 2000, and 2003 increasing its size to approximately three hundred and forty-two (342) square miles, and WHEREAS, after research and consideration, it is the present desire of the Board of Commissioners of the Collier County Mosquito Control District to again expand the District's boundaries to include the Golden Gate Estates Units platted within the following Sections, Townships, and Ranges: Township 47S, Range 27E: Township 48S, Range 27E: Township 47S, Range 28E: Township 48S, Range 28E: Sections: 25, 26, 35, 36 Sections: 1, 2, 12, 13, 24, 25, 36 Sections: 28,29,30,31,32,33 Sections: 4,5,6,7,8,9, 16, 17, 18,19,20,21, 28,29,30,31,32,33 Sections: 4,5,6,7,8,9,16,17,18,19,20,21, 28,29,30,31,32,33 Sections: 1,12,13,24,25,36 Township 49S, Range 28E: Township 49S, Range 27E: WHEREAS, the Board of Commissioners of the Collier Mosquito Control District has resolved in regular session on November 12, 2003, to request the Board of County Commissioners of Collier County, Florida, to approve the expansion of the boundaries of the District, a copy of the resolution (Resolution 3-2003-2004) is attached hereto as Exhibit "A"; and WHEREAS, Section 388.211, Florida Statutes, provides that the Board of Commissioners of any Mosquito Control District formed prior to July 1, 1980, may, for and on behalf of the District or the qualified electors within or without the District, request that the Board of County Commissioners in each county having land within the District approve a change in the boundaries of the District; and WHEREAS, based upon the presentation of the Board of Commissioners of the Collier Mosquito Control District at its November 12,2003 public meeting, the Board of Collier County Commissioners finds that the proposed expansion of the Collier Mosquito Control District is in the best interest of the citizens of Collier County and will serve a public need by reducing mosquito-related problems. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I) Pursuant to Section 388.211 (1), Florida Statutes, and at the request of the Board of Commissioners of the Collier Mosquito Control District, the Board of County Commissioners of Collier County, Florida, 100 hereby approves the expansion of the Collier Mosquito Control District boundaries to include the Golden Gate Estates Units platted within the following Sections, Townships, and Ranges: Township 47S, Range 27E: Township 48S, Range 27E: Township 47S, Range 28E: Township 48S, Range 28E: Sections: 25,26,35,36 Sections: 1,2,12,13,24,25,36 Sections: 28, 29, 30, 31, 32, 33 Sections: 4,5,6,7,8,9, 16, 17, 18,19,20,21, 28,29,30,31,32,33 Sections: 4,5,6,7,8,9, 16, 17, 18,19,20,21, 28,29,30,31,32,33 Sections: 1,12,13,24,25,36 Township 49S, Range 28E: Township 49S, Range 27E: 2) The Board of County Commissioners of Collier County, Florida, recognizes that an amendment shall be made by the Collier Mosquito Control District to the order creating the Collier Mosquito Control District to conform with the approved boundary change. This Resolution adopted this Zrd day of ~ , 2003, after motion, second, and majority vote favoring same. ATTESTf\\ ,;,.<' L~., DWIqID B,ROCK, .Clerk (,., BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA \," BY:~ :~.,~,k By: Attest as tQCha ~puty Clerk signature ORTJ. Approved as to form and Legal Sufficiency: ~ 73: Assistant County Attorney 11/13/2003 15:25 ~ Colli. MaJqllilD COfIU1'(JI.lbIrict (j(J(J N<<r:A Rorul Napl.&<r, n. J41fH-J4tU A dmi"ilt,alloll: 239~4J6-J'(UJ 239-436-1"5 Gf(l~) H."gi.,: Z!l9-4J6-JIJ'1J 239-4J6-1(UJ7 U.x) SprAY Schttlalt:: 139-4J6-J9}O 1""""" &16*"", 19$ AUpatt B1wl 1......._ FL JtfUZ.,.J1I96 239-U'T-$:J90 Board of~ffIS: JoIm F. J....~ OdiIIIIIDI tr06l!1'111 ~, ~ lJtJrtJJ/d K PlIlJf~ TI'ftlDIm' JloIMrt A.lk11et' JttlM~ e BtvoUr Enr:arIiVfl' B1'tCftJI': F1Ti1tk ~ YtIIt Eam, PI&.D. 9414351005 COLLIER MOSQUITO P.~~O D J;;. X {-I I t3 i I RESOLUTION 3-2003-2004 WHEREAS, it is stated in Section 388.211, Florida Statutes, ''The board of commissioners afmy district formed prior to July 1, 1980, may, for and on behalf of the district or the qualified el~ol,"S within or without the district, request that the board of county comm.jssioners in each county havmg land within the district approve a change in the botmdaries of the district," and WHEREAS, the Collier Mosquito Control District was created in 1950 encompassing six square miles with expansions occuning in 1963, 1971, 1972, 1982, 1989,2000, and 2003, increasing its size to approximately three hundred and forty-two (342) square miles, and WHEREAS, at the regular meeting of the Board ofCommissionet'S on November 12, 2003, motion was made and unanimously approved to e~pand the CotHer Mosquito Control District bomtdaries further into the Eastern Golden Gate Estates area, for mosquito control services to begin in fiscal year 2004-2005. NOW, THEREFORE, BE IT RESOL VEn by the Board of Commissioners of the Collier Mosquito Control District to herewith :request that the Board of County Commissioners of Collier County, Florida, use its statutory authority pursuant to Florida Statutes Section 388211 to approve the following change in the bomtdaries of the Collier Mosquito, Control District and to amend the Charter creating the Collier Mosquito Control District to oonfonn with the boundary change expanding the Collier Mosquito Control District which will include the Golden Gate Estates Units platted within the following Sections, Townships, and Ranges: Township 478, Range 27E: Township 488, Range Z7E: Township 47S, Range Z8E: Township 488, Range 28E: SeetioDs:Z5,26,35,36 Sections: 1,2,12,13,24,25,36 Sections: 28, 29,30,31,32,33 Sections: 4,5,6,7,8,9,16,17,18,19,20,21,28, 29,30,31,32,33 Sections: 4, 5, 6,7,8,9,16,17,18, 19,20,:n, 28, 29, 30, 31, :U, 33 Sections: 1, 12,13,24,25,36 Township 498, Range 28E: Township 498, Range 27E: And, to tax residents thereof on the tax billings to be mailed in November of 2004 for such services at the established Collier Mosquito Control District millage rate for the 2004-2005 fiscal year, to be detennined as provided by Florida Statutes. Sez-vice will commence October 1,2004. DONE, ORDERED AND RESOLVED IN REGULAR SESSION OF 'IRE COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS this 12th day of November 2003. ATTEST: -- MEMORANDUM Date: December 5,2003 To: Jack Wert Tourism Director From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Resolution 2003-431 Policy for Approval of Funds for Travel Expenses Enclosed please find one copy of Resolution 2003-431, (Agenda Item #10E) as referenced above, approved by the Board of County Commissioners on Tuesday, December 2,2003. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure IDE IOE RESOLUTION NO. 2003....4..lL A RESOLUTION ADOPTING A POLICY FOR THE APPROVAL OF FUNDS FOR TRAVEL EXPENSES FOR PERSONS CONDUCTING OFFICIAL TOURISM BUSINESS. WHEREAS, it is the intent of Collier County to reimburse Tourism Department employees and agents under contract with Collier County for travel on official tourism business in accordance with Section 125.0104, Florida Statutes, and Section 112.061, Florida Statutes; and, WHEREAS, all authorized travel expenses will be reimbursed to County Tourism Department employees or to employees of companies or individuals contracted for tourism services on behalf of the County at the actual expense; and, WHEREAS, the Board of County Commissioners has the legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the expenditure of funds for any and all travel by Tourism Department employees and authorized agents under contract with Collier County are as follows: A. AFFROV AL REOUIRED. All travel for Tourism Department staff and authorized agents under contract must be authorized and approved by the Tourism Department Director, and by the County Manager for the Tourism Department Director, and funds must be available in the approved Tourism Department Budget. Those travel events that are not covered in the budgeted or contingencies categories in the Tourism Department Budget must be presented to the Tourist Development Council and Board of County Commissioners for approval. The Board of County Commissioners must approve travel by authorized persons not employed or under contract by the County who are called upon to contribute time and services as consultants or advisors or participants for travel on County tourism business. All travel reimbursements require receipts. B. DOMESTIC TRAVEL. 1. Common Carrier. Travel shall be booked at the best available coach price. 2. Ground Transportation. Taxi, shuttle and public transportation shall be reimbursed at actual cost including up to a 15% gratuity. Rental car use shall be booked or reimbursed for domestic travel at best compact rate available. Travelers shall use the rental car company holding the county bid, where available. 3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%, if not included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. Accommodations/Lodging. In-state travel outside 50 miles of office location is reimbursable at actual cost for single occupancy at the best available rate or at the headquarters hotel. Travel within 50 miles of the office - Accommodations expense reimbursement must be authorized by the Tourism Director if travel to home after the daily activities is deemed unsafe, or supervision of guests being entertained is necessary. Travel to destinations within Florida is tax exempt for accommodations. Travelers shall supply the hotel/motel with a Florida Sales Tax Exemption Certificate when checking in. IOE Expenses for the use of in-room dispensers or movies are not reimbursable. 5. Other expenses. Reimbursable expenses include tolls, ferry fares, tuxedo and costume rental, parking fees, charges for business telephone calls, including cell phone roaming charges, facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate (currently 291t per mile), mandatory valet parking, including a 15% gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations if pre approved by the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. Business association, trade association, tourism industry association, Chamber of Commerce meetings, or event expenses are authorized for payment or reimbursement if subject matter is tourism related. C. TRA VEL IN FOREIGN COUNTRIES. Foreign travel will be conducted in compliance with federal standards detailed in the publication, "Standardized Regulations (Government Civilians, Foreign Areas)". 1. Common Carrier. Travel shall be booked at the best available coach price. 2. Ground Transportation. Taxi, shuttle and public transportation shall be reimbursed at actual cost with receipt including up to a 15% gratuity. Rental car use shall be booked or reimbursed at best compact rate available. 3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%, if not included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. Accommodations/Lodging. Reimbursable for actual cost for single occupancy at the best available rate or at the headquarters hotel. Expenses for the use of in-room dispensers or movies are not reimbursable. 5. Other expenses. Reimbursable expenses include tolls, ferry fares, tuxedo and costume rentals, parking fees, foreign currency exchange fees, travelers checks fees, maps, charges for business telephone calls, including access, air time and phone rental charges for cell phones, facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate (currently 291t per mile), mandatory valet parking, including a 15% gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations with prior approval of the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. D. TRA VEL INVOLVING TRADE SHOWS / CONVENTIONS / TOURISM INDUSTRY AND ASSOCIATION MEETINGS. Expenses related to attendance at trade shows, conventions, association and tourism industry meetings, sales meetings and receptions and events are authorized for payment or reimbursement at actual cost pursuant to this Resolution depending on whether the travel is foreign or domestic. Pursuant to Section 125.0104, Florida Statutes, registration fees for Tourism Department employees and authorized agents under contract with Collier County shall be paid in advance by County check or credit card or be paid by reimbursement. IOE E. TRA VEL-RELATED ENTERTAINMENT. Payment or reimbursement is authorized for any tourism promotion, event, meal, or occasion organized by the Collier County Tourism Department or other tourism organizations or agencies including, but not limited to, entertaining travel writers, journalists, travel agents, tour operators, airlines, travel consultants, wholesalers, consolidators, meeting planners, dignitaries and VIP's from foreign countries or anyone who can bring, direct or encourage travel or publicity to Collier County. (Collectively or singularly referred to as "Tourism Promoters"). Expenses such as meals for County employees who attend a function with Tourism Promoters in an official capacity are authorized to be included in the total cost of the function for payment or reimbursement. 1. Meals. Meals include food and beverages associated with meetings, dinners, promotions, cocktail parties and similar events, whether catered or provided by Collier County or other tourism organizations or agencies, at a facility or private location. Gratuities up to 15%, if not included in the bill, or up to 20%, if included in the bill, for groups or special menus or events are authorized for payment or reimbursement. Gratuities on discounted or complimentary meals are authorized as calculated on the full fair market price of the meals up to 20%. County employees must follow the County Ethics Policy covering acceptance of discounted or complimentary meals. 2. Alcoholic Beverages. The cost of alcoholic beverages is authorized for payment or reimbursement for entertainment purposes for Tourism Promoters. The cost of alcoholic beverages for County employees is not reimbursable. 3. Gifts. Tokens of appreciation and mementos of Collier County given to Tourism Promoters are authorized for payment or reimbursement at actual cost. 4. Transportation. Expenses for vans, limousines, buses or automobiles to transport Tourism Promoters are authorized for payment or reimbursement. 5. Accommodations. Expenses to house Tourism Promoters are authorized for payment or reimbursement at actual cost. F. COUNTY PURCHASING CARD USE. The Collier County Purchasing Card may be used by Tourism Department staff for all travel, entertainment and registrations including the cost of restaurant meals. The Purchasing Cards issued to Tourism Department staff will have a single transaction limit of $2,000 . THIS RESOLUTION ADOPTED this 2rd day of k.. 21Xi3 after a motion, second and majority vote favoring same. DATED: l2.,:2t~~. A TTEST:,/ . . .". DWIGHT E. BROCK, t:J~rk <,' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,. ']4:~ ~'~k Attest' as,to'~:Iriran's signature ~li~ By: Approved as to form and 1"&~Ze7 JL-- Heidi F. Ashton Assistant County Attorney 12A . ";'i: MEMORANDUM Date: December 3, 2003 To: Jacqueline Hubbard Robinson Assistant County Attorney From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Summer House Settlement Agreement Enclosed please find one (1) certified copy of the document referenced above, Agenda Item #12A, approved by the Board of County Commissioners on December 2, 2003. Please forward this document on to the appropriate parties for their files. If you should have any questions, please contact me at extension 8406. Thank you. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Manager, BCC Rosa E. Martinez- Legal Secretary for ~ ~J.-\ Jacqueline Hubbard Robinson Assistant County Attorney FROM: DA TE: November 26, 2003 RE: BCC Meeting 12/02103- Summer House Settlement Agreement Agenda Item- (12A) Attached is the original settlement agreement for Naples Geriatric Properties (Summer House). This item will be heard on December 2,2003. If approved, please forward a copy of the recorded agreement to this office for forwarding to the attorney. Thank you. cc: David C. Weigel, County Attorney Amy Patterson, Impact Fee Coordinator Minutes & Records H: JHR/ Summer Housel Litigation! Memos! Memo to Sue Filson transmitting sett'ement agrmt. 112603 12A 12A SUMMER HOUSE SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between COLLIER COUNTY, (hereinafter referred to as '"the County"), a political subdivision of the State of Florida and SUMMER HOUSE, AKA, NAPLES GERIATRIC PROPERTIES, LLC a Florida Limited Liability Corporation, (hereinafter referred to as "Summer House"). WIT N E SSE T H: WHEREAS, Collier County has filed a Complaint against Summer House in the Circuit Court for the Twentieth Judicial Circuit in Case No. 03-229-CA, alleging that Summer House failed to pay impact fees; and WHEREAS, the matter has been set for trial; and WHEREAS, Summer House and the County desire to settle the disputes in Case No. 03- 229-CA and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the County's Complaint; and WHEREAS, Summer House and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Summer House and the County agree as follows: 12A Page 2 Settlement Agreement & Release 1. Summer House and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to Case No. 03-229-CA; and in consideration of the promises contained herein, the parties agree as follows: (a) Upon execution of this Agreement, Collier County shall file a final and complete release of lien, and dismiss its Complaint in Case No. 03-229-CA with prejudice. (b) Simultaneously with the recording of the final release oflien, the parties shall cause this Agreement to be recorded in the public records of Collier County, Florida, and this Agreement shall constitute a lien and a use restriction on the property described in the attached Exhibit "A" preventing it from being used for any purpose other than an Adult Assisted Living Facility. The use restriction shall terminate upon a sale of the property to a non-affiliated party. (c) The $35,000.00 will be paid in eight (8) annual and equal installments of $4,375.00 to the County over a period of seven (7) years as follows: The first payment shall be due and payable on January 31, 2004, and annually thereafter, until paid in full. (d) The balance may be paid in full at any time. 2 12A Page 3 Settlement Agreement & Release (e) Summer House shall be granted a (15) day grace period in which to make the annual payment. A notice of nonpayment will be provided to Summer House with (7) days to cure the delinquency prior to any foreclosure of the property pursuant to section (f) herein. (f) Failure to make the payments when due may lead to foreclosure ofthe property at the option ofthe County. (g) The settlement agreement shall be recorded and shall constitute a lien on the property described in Exhibit "A." and a deed restriction as described in Paragraph 2. (b). above. (h) Upon full satisfaction of the amounts due pursuant to this Agreement, the County shall record a satisfaction of the obligation due hereunder. (i) No interest shall be due and payable upon the unpaid balance unless Summer House fails to make ''timely payment". For purposes of this paragraph, ''timely payment" shall mean payment on or before the expiration ofthe "cure period" as referenced in 2( e) above. If no timely payment is made, the remaining unpaid balance shall bear interest at the legal rate. G) If Summer House fails to make timely payments hereunder or defaults under the terms of this agreement, the only defense that can be asserted by Summer House or its successor[s] in interest shall be timely payment. The County may, at its option, institute foreclosure proceedings upon any such default. 3 12 A f',~ Page 4 Settlement Agreement & Release 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Summer House and the County, on behalf ofthemselves, as well as on behalf oftheir attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way, whether directly or indirectly, to Case No. 03-229-CA. 4. Summer House and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Summer House and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims. 6. Summer House and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 4 12A Page 5 Settlement Agreement & Release 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event ofan alleged breach of this Agreement and Release the sole venue for any resulting action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Summer House and the County have signed and sealed this Agreement and Release as set forth below: [THIS PAGE IS LEFT INTENTIONALLY BLANK] 5 12A Page 6 Settlement Agreement & Release NAPLES GERIATRIC PROPERTIES, LLC Witne"~,e s: ~ ?Signature) ~ ~~r[~e/FJ~@.H--::;;; (Print), , ~j/ui.' ( /flC / / rU L-4. g-- [.,,, L ' (Signature) .5//II/{/JU /71 {' f2:"'~[7'T (Print) THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN NAPLES GERIATRIC PROPERTIES, LLC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed bY/'~~,( 6 ;:l:/.1/iU.,k; before me, this /3 day of () /' i{J}!../L , 2003. _ 1 , LL/Ld~ (1", /~U~ ,Signatur~ of Notary Public ",,"'fi\/l-.t_. . /3' P: '~''S~~''\ SHARON A. EVERET! ; u.. . 10 fes Personally Known or Produced Identification L......... Type of Identification Produced My Commission expires: 6 12A Page 7 Settlement Agreement & Release COLLIER COUNTY: ATTEST: <:..:C'., DWIGHT p;~,.altOCI(,'Clerk of Courts oLCol~ier~<1UntY:Florida BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY~~DA By: ~ 'cf..~ I :tf- By: :J'()1- Deputy Clerk Attest as to Chi 1 run . s TOM HENNING, Chairm signature 001,. \2 - 2.-03 Date: Date: /2.-2-03 Approved as to form and legal sufficiency: ~~ h: JHR/ Summer House settlement agreement & release 7 ,. ->..~ ..;;. , . . ::,. .' ; ~ - . A .' f, ~ " . ~. :- ,-;'l -j MEMORANDUM Date: December 3, 2003 To: Jacqueline Hubbard Robinson Assistant County Attorney From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Colleen Macort & Access Now, Inc. Settlement Agreement Enclosed please find one (1) certified copy of the document referenced above, Agenda Item #12B, approved by the Board of County Commissioners on December 2, 2003. Please forward this document on to the appropriate parties for their files. If you should have any questions, please contact me at extension 8406. Thank you. 128 12B OFFICE OF THE COUNTY ATTORNEY "'., .\ INTEROFFICE MEMORANDUM DATE: Sue Filson, Executive Manager-BCC Jacqueline Hubbard-Robinson, Assistant County Attorney ~ December 2,2003 TO: FROM: RE: Colleen Macort & Access Now, Inc. v. Collier County- Case No. 2:03-CV-I09-FTM-29SPC-Settlement Agreement Agenda Item 12B Please find the original of the settlement agreement in the above-referenced case. The Board of County Commissioners approved this item on today's date. Please have the Chairman execute the agreement. Also, please forward a copy ofthe recorded agreement to this office. You can contact my secretary Rosa Martinez, and she will pick it up. Thank you. cc: David C. Weigel, County Attorney Minutes & Records ( H: JHR! Macort! Memos/ Memo to Sue Filson trans original agrmt 120203 128 MACORT SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County (hereinafter referred to as "the County"), a political subdivision of the State of Florida and Colleen Macort, a person who is sui juris, and Access Now, Inc., a Florida Not for Profit Corporation, (hereinafter referred to as "Macort"). WIT N E SSE T H: WHEREAS, Macort has filed a Second Amended Complaint against Collier County in the United States District Court for the Middle District of Florida, Fort Myers Division, in Case No.2:03-cv-l09-FtM-29SPC, alleging that Collier County is not in compliance with Title II of 42 U.S.C. Sections 12131-12134; and WHEREAS, the County has filed a Motion to Dismiss Macort's Second Amended Complaint; and, WHEREAS, Macort and the County, without any ofthem admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the County's compliance with Title II of 42 U.S.C. Sections 12131-12134, (hereinafter "ADA") at Collier County's Golden Gate Community Park, (hereinafter "Facility"); and, WHEREAS, Macort and the County desire to reduce their settlement to a writing so that . ~:~ c) it shall be binding upon them as well as their respective owners, principals, elected offi_clals, S~2 . . , :2:; ;~~, '_ -,;. 1 "- officers, employees, ex-employees, agents, attorneys, representatives, Insurers, spOl.1lses,~::' r'1-l ~"....1 :r.-~ (\ ={~l ~=r ".::- r-n {"1,-." c."::) ~.< f'V successors, assigns, heirs grantees and affiliates. Page 2 Settlement Agreement & Release 128 NOW, THEREFORE, m consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Macort and the County agree as follows: 1. Macort and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to United States District Court for the Middle District of Florida, Fort Myers Division, Case No.2:03-cv-109-FtM-29SPC; and in consideration of the promises contained herein, the parties agree as follows: a. Collier County will make the necessary improvements to the aforementioned Facility to conform to current ADA requirements to the specifications contained in the ADAAG, Appendix A to 28 CFR Part 36, 1994 Edition, (hereinafter "the Work"), within six (6) months of the execution of this settlement agreement. The parties acknowledge that the modifications required by this Agreement shall be implemented according to the standards set out in the ADAAG and/or ANSI Al17.l - 1998. It is agreed that the modifications required by this Agreement shall constitute full compliance with ADAAG. The ADAAG dimensions, pursuant to Section 3.2 thereof, are subject to conventional building industry tolerances for field conditions. Completion ofthe modifications pursuant to the ADAAG and/or ANSI Al17.l -1998 shall be considered full compliance with the ADA, to the extent the parties agree is readily achievable and technically feasible. b. The parties agree to stipulate and mutually seek leave of Court for a continuation of the litigation and to take no further legal action in Case No.2:03-cv-l 09-FtM- 2 Page 3 Settlement Agreement & Release 12B 29SPC up to the time of completion of any needed renovations at the Facility for a period of no longer than seven (7) months from the effective date of this agreement; c. Macort, or her representatives, shall inspect the Facility within twenty (20) days after notification by Collier County that the Work has been completed; d. Any dispute regarding whether the Work has been satisfactorily completed shall be first submitted in writing to the County within ten (10) days after completion of inspection, (if any), by Macort and the parties shall first attempt to reach an amiable resolution of the dispute. e. If an amiable resolution of whether the Work has made the Facility ADA compliant cannot be reached by the parties within a reasonable time or within thirty days of the Plaintiffs' re-inspection of the Facility, whichever is earlier the issue of compliance with the ADA and this Agreement may be brought before the Court for a decision. f. Macort shall dismiss its lawsuit with prejudice in Case No.2:03-cv-109-FtM- 29SPC within twenty (20) days of the aforementioned re-inspection of the Facility or respond in writing pursuant to the terms set forth herein that the Work has not been performed to the Plaintiffs' satisfaction. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration as enumerated in this Agreement, the receipt and adequacy of which is hereby acknowledged, Macort and the County, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, 3 Page 4 Settlement Agreement & Release 128 attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way, whether directly or indirectly, to Case No.2:03- cv-I09- FtM-29SPC and is/are specifically related to the Facility, with the express exception of an action to enforce this Agreement and/or the terms contained herein. 4. Macort and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Macort and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Macort or the County. 6. The County shall pay Macort's reasonable attorney's fees and costs, including expert's fees incurred in connection with this matter. Within ten days of the Plaintiffs' re- inspection of the Facility, the Plaintiffs shall provide the Defendant with a detailed billing statement. Within 10 days of receipt thereof, the parties shall reach an amicable resolution of this issue or shall defer the issue to the Court prior to dismissing this action to determine a reasonable attorney's fees and costs, including expert's fees incurred in connection with this matter by Plaintiffs to be paid by Defendant. 7. Macort and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this 4 Page 5 Settlement Agreement & Release 12B Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Macort and the County agree that all underlying causes of action or claims of Macort and the County have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions; or for any damages arising from the breach. In this regard, Macort and the County further agree that the sole venue for any such action shall be in the original Court, the United States District Court, Middle District of Florida, Ft. Myers Division, or, if that Court refuses to accept jurisdiction thereover, a Court of competent jurisdiction in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. The laws of the State of Florida shall govern this Agreement and Release. 11. If any action or proceeding is commenced with regard to the subject matter of this Stipulation for Settlement, then the prevailing party in such action or proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said action or proceeding promptly reimbursed by the non-prevailing party. 12. The parties further agree that time is of the essence in all respects regarding this Stipulation of Settlement. 5 Page 6 Settlement Agreement & Release 12B 13. The parties agree that this Stipulation for Settlement and any and all other documents in connection with the settlement of this matter may be executed in counterparts, each of which shall be deemed an original but all of which taken together shall constitute but one and the same instrument. Furthermore, the parties agree that a facsimile copy of a party's signature shall be deemed the equivalent of an original. IN WITNESS WHEREOF, Macort and the County have signed and sealed this Agreement and Release as set forth below: COLLEEN MACORT AND ACCESS NOW, INC. Witnesses: By: (Signature) COLLEEN MACORT (i1~~ / ';, . (Si at ' I~L>t Nv-J OJ e I-z: (Print) ~~1~-IL-. By: f!t$S;~~/ V, f COLLIER COUNTY: ATTEST: , DWIGHrE. BROCK, Clerk of Courts of Collier County, Florida BY:~ It- Depu , ',as to ~rII&n · S 'It...... Oft 1 J. Date: (2-2-0~ BOARD OF COUNTY COMMISSIONERS OF COLLIER UNTY LORIDA By: rr Date: 12..-2-03> Approved as to form and legal sufficiency: ~ll~ ..r~v-- cque ne Hubbard-Robinson ssistant County Attorney h: JHR/ Macort settlement agreement & release 6 Page 6 Settlement Agreement & Release 128 13. The parties agree that this Stipulation for Settlement and any and all other documents in connection with the settlement of this matter may be executed in counterparts, each of which shall be deemed an original but all of which taken together shall constitute but one and the same instrument. Furthermore, the parties agree that a facsimile copy of a party's signature shall be deemed the equivalent of an original. IN WITNESS WHEREOF, Macart and the County have signed and sealed this Agreement and Release as set forth below: COLLEEN MACORT AND ACCESS NOW, INC. ,---:> ,r-' (S~~ature) (; /t(~:"'7 (Print) By: ~~\J_ r..'V~\ 'I\. ~frct COLLEEN MACORT Witnesses: .' ,.....iJ ':,:. \ (~,-A~ -~ By: (Signature) ACCESS NOW, INC. (Print) COLLIER COUNTY: ATTEST: DWIGHT E. BROGI(, Clerk of Courts of Co'lH~r Cou~t)', 'Florida BY:~~{~.s signature 01\1,- Date: ~z.:.2.~3 By: Date: 12.- 2-03. Approved as to form and legal sufficiency: ~ b~l~~~ queli e Hubbard-Robinson sistant County Attorney 11: HIR/ Macor! settlement agreement & release 6 PJ3~o/~~ ~~ ~~ 3301 East Tamiami Trail. Naples, Fiorida 34112 - 4977 (239) 774-8097 . Fax (239) 774-3602 jI1~~ 15'fC Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta December 4, 2003 District 5 Kathy Prosser, Chairman CCLAAC 4757 Cerromar Drive Naples, FL 34112 Dear Ms. Prosser: At the December 2nd County Commission meeting, the Board of County Commissioners (BCC) discussed the merits of the County acquiring the property along Goodlette-Frank Road and Golden Gate Parkway known as the Fleischmann Property. The BCC understands that the Conservation Collier Land Acquisition Committee (CCLAAC) will be reviewing this and other properties at its December 15 meeting at which time the CCLAAC will recommend to the BCC which parcels should be on the first Active Acquisition List of the Conservation Collier Program. The Collier County Transportation Division is in need of much of this property for its road improvements and stormwater needs. These needs would take up the western portion of the property (approximately 37 acres). A funding plan is being created to fund this objective. The BCC sees an opportunity for the Conservation Collier Program to participate in this effort to acquire a portion of this property consistent with the objectives of the Conservation Collier Program. Accordingly, the BCC would like for the CCLAAC to consider the eastern portion (approximately 13 acres) of the property as a Conservation Collier acquisition. The Conservation Collier Program would then be responsible for providing the funds for the eastern portion of the property. We look forward in receiving the CCLAAC's recommendation and appreciate the efforts you have made in bringing the Active Acquisition List forward for our consideration cor:1~ Torn Hennig, Chairman Commissioner, District 3 C: CCLAAC members Jim Mudd, County Manager Alex Sulecki, Conservation Collier Coordinator -.... 16A jlf;I MEMORANDUM Date: January 7, 2004 To: Garrett Mullee Fin. Operations -CDES From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-418: Fee Schedule for CDES Enclosed please find one copy of the document as referenced above (Agenda Item #16A3), approved by the Board of County Commissioners on December 2, 2003. The original agreement is being retained for the record. An additional copy is being sent to the Finance Department. If you should have any questions, please contact me at: 732-2646, ext 7240. Thank you. Enclosure 16A3 RESOLUTION NO. 2003-_~ A RESOLUTION OF THE BOARD OF COUNTRY COMMISSIONERS OF COLLIER COUNTY ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR THE RESCINDING OF PLANNED UNIT DEVELOPMENT MONITORING FEES; AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; SUPERSEDING RESOLUTION NO. 2003-340, AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 2, 2003. WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and WHEREAS, the Board of County Commissioners approved Resolution No. 2003-340, establishing a fee schedule of development related review and processing fees on October 28, 2003; and WHEREAS, many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, the new or revised fees fully comply with all relevant Florida Statutes relating to Public Records. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the revised fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. Page 1 of2 16Aj BE IT FUR THER RESOLVED that this Resolution relating to fees in the Land Development Code be recorded in the minutes of this Board and that Resolution numbered 2003- 340 is hereby superseded by the adoption of this Resolution which will become effective December 2, 2003. This Resolution adopted after motion, second and majority vote. Done this 2nd day of ~ ,2003. ATTEST: DWIGHT E. ~ROC~ CLERK ~"",.... " ,,\\\\ _-- .~ ~, 'f,.C~, 'II ' _- ,of.,V ....,.t.,... ,,' C;L,ft, ' . \. . .". " , ...' iN'" r' :- .:'"<~ ....... .'.', .~. ;, ft" "* ~v. ~ - ~--. ~?'~. . .,,,. ,.:, ;: t'): .~ ',',"-'Y '..~!?,~. " ';0 . .' j';:'-!\' ~ ~\il 0 .C. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA roM~b- \ C)-a --d-ro3 " . Approved as toFoiin and Legal Sufficiency: PatricK ite Assistant County Attorney Page 2 of2 1.- 1 c 0 [~~ B T C 0 ... 1'l t y - J COLLIER COUNTY COMMUNITY ENVIRONMENTAL SERVICES DEVELOPMENT AND FEE SCHEDULE BCC Proposed Version- Dee 2, 2003 Contents: A) ADMINISTRA TION (3) UU\STlNG PERMITS & INSPECTION C) ENVIRONMENTAULANDSCAPING, Dj EXCAVATION PERMITS., F) FIRE COllE RLVIl'W HOES" F) SITE DEVELOPMENT PLANS G) SUHDIVISION II) Lnglncenng Inspection Fees I) TEMPORARY USE PERMITS J) WELL PERMITS/INSPECTIONS, K) ZONING/I.AND USI; PI- I'ITlUNS, l.) .'vi ISCELLANEOUS M) BUILDING PERMIT APPLICATION FEE NJ BUILDING PERMIT FEES 0) ELECTRICAL PERMIT FEES P) PlllMR1Nl.; PERtYllT FEES QJ MECHI\NICAL PERMIT FEES R) FIRE PREVENTION AND CONTROL PERMIT FEES, ,'.., .......... S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ,., T) CIIICKEES AND SIM ILAR STRUCTURES..., lIi POOL OR SPA PERMIT FEES ..... .,., ,.,..,... V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES W) SIGN PERMIT FEES XI CONVENIENCE PERMIT EEES .,., '.., '.....,... Y) REVISION AND AS BUILT Pl.AN REVIEW FEES; CORRECTIONS TO PLANS Z) PERMIT EXTENSION AA) DEMOLITION OF BUIl.DING OR STRUCTURE PERMIT FEES. BB) PRE-MOVING INSPECTION FEES eC) INSPECTION FEES DD} REINSPECTION FEES EE) IAIUIRF TO OBTAIN A PERMIT FF) LICENSING eC) DUPLICATE PERMIT CARDS, HH) CIIANGE OF CONTRACTOR OR SUBCONTRACTORS ...... II) PERMIT FEE REFUNDS JJ}-RECORD RETRJEVAL KK) COPY FEES LL) RESEARCH MM) SUBSCRIPTION SERVICE Nt',) ELECTRONIC DATA CONVERSION SURCHARGE (0) REGISTRATION Of RENTAL DWELLINGS '...,.."..., I'P) FEE WAIVER PROCEDURES, ".." ',......".... QQ) ADDITIONAL FEE REFUND PROVISIONS ....,............,..,.... 2 '..,....,,'..,...., 2 ',.,..""""'.,, .', "."""", ,," ".."".""",.,.."""""""",,2 ....,..,...........,..............,...., 3 .......,........ ..'..,..,...,........, 3 ..,........,4 ". '""'.,.""".,, "..."".""""..".""",,5 ."'.'",'.",,, """""".,6 ".,., ..,.,..".,.""""""""".""."""""",,6 .........,......6 ......................7 .., ,.. ..,..........8 ............... 9 ,..,..........10 ,......,,,,.., ..,.....",........10 ........................ II ,.........,....,........,......11 ,....,12 '.""""""", """"','"""".""".""", .""",. 12 ,......,............ ,..,.......12 ,.. ....,..,....".........., 12 "',.""""" .,.,.",,12 '..,...,...... .................,......12 ,.,...,...., 13 ,....,..,...............,.. ..,.. I) ......13 "..",..,......,13 13 "..,........,...,....,..............,...., ....., 13 ,'.."".,.""""".""" "",14 ............... ..,..,....,....,..............,14 .,.....,...............,.....,)4 ................................. 14 ...,..,.,........,..,........................,..,....,14 ..,......"......., .........."..........,..................,.....,.."..14 '..,..,..........,.. ..,......,..........,........ 15 , ................, '........,......,..........,.. ........,.....................15 ......,....................... 15 ... ....., .", 15 ...,..,15 ........... 15 .......... 15 (,DES Flnanwll Administration, rev 11113/03 AGD.DA ITEM No. Ih A , 3 DEe 0 2 2003 page ~ .?Z P. AJ'"' ; J FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACtION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIA TE DEPARTMENT, AS APPLICABLE. A) ADMINISTRATION ]) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours $1 ,50000, 20 to 40 hours $3,000,00, more than 40 hours $5,000,00 2) InterpretatIOn request submitted in conjunction with a land use petition or requested during an application review process, $250,00 3) Determination of Vested Rights, $100,00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100,00 5) Amendment to Land Development Code. $3,000,00 6) Appeal of an Admintstrative Decision (as may be provided for in the Collier County Administrative Code or the IDC), $1000.00 (non,refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC), $500.00 (non-refundable) B) BLASTING PERMITS & INSPECTION I) 30 day permit fee, non-refundable payable upon application, $250.00 2) 90 day permit fee, non-refundable payable upon application, $600.00 3 ) Yearly permit fee, non-refundable payable upon application. $1.500,00 4} Renewal permit fee, non-refundable payable upon application. $200,00 5) After-the-fact fee, due to blasting without a permit. $10,000,00 6) Fine fee, per detonated shot with after-the-fact permit. $200,00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts, Upon completion, fees will be adjusted to reflect actual number of blasts, C) ENVIRONMENT ALfLANDSCAPING I) Site Clearing Permit, first acre or fraction of an acre, $250,00 Each additional acre or fraction of an acre. $50,00 ($3,00000 maximum) 2) Envirorunentallmpact Statement (EIS) $1600,00 3) Landscape Re-inspection I" $50,00, 2nd $75,00, every inspection afterward $100.00 AGENDA ITEM No. Ib/l DEe 0 2 2003 CDES Financial AdministratIon, rev 11/13/03 PiI&e 2 3 fT&:. 1 4) Vehicle on the Beach Permit Application, $250,00 (Permit fee shall be waived for public and non-profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 5) Reserved 6) SpecIal Treatment Review a First five acres or less, $400,00 b. Each additional acre, or fraction thereof. $50,00 ($5,000.00 Maximum) 7) Coastal Construction Setback Line (CCSL): a, Pennit - Dune Walkover. $150,00 b, Permit - Dune Restoration, $200.00 c, Vanance - Petition. $1000,00 8) Sea Turtle Permit- a, Sea Turtle Handling Permits, $25,00 b Sea Turtle Nesting Area Construction Permit. $200,00 c. Sea Turtle Nest Relocation. $100,00 9) Vegetation Removal Permit a, First acre or fraction of an acre less, $250,00 b, Each addItional acre, or fraction thereof. $50,00 ($3,000.00 Maximum) 10) After,the-fact Environmental or Landscape Permits a, CCSL Variance Petition, 2x normal fee b, All other Environmental or Landscape Permits, 4x normal fee D) EXCAVATION PERMITS I) Annual Renewal. $300,00 2) Application (Private). $400,00 3) Application (Commercial), $2,000.00 4) Application (Development), $400,00 5) Monthly inspection fee (commercial, development & private) $200,00 per month 6) Reapplication: $300,00 plus $200,00 per month inspection fee 7) Cubic Yardage Fee: $200,00 first 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000,00 8) Time Extension, $150.00 plus $100,00 per month inspection fee 9) After-the-fact Excavation Permit. 4x ap?lication fee E) FIRE COOE REVIEW FEES I) Fire Code Review fees associated with each of the following processes: a, SDP - Site Development Plan b, SDPA - Site Development Plan, Amendment c. SDPI - Site Development Plan, Insubstantial d. SIP - Site Improvement Plan e. SIPl - Site Improvement Plan, Insubstantial r PSP - Preliminary SubdIvision Plans g PSPA - Prelimmary Subdivision Plans, Amendment h, PPL - Plans & Plat, Subdivision I. FP , FlIlal Plat J, CONSTR - Construction Plans, SubdivisionlUtilities $200.00 $150.00 $100,00 $150.00 $100,00 $150,00 $100,00 $100,00 $100,00 $10000 AGENDA ITEM --:::2 No. I (PA ..::..J DEe 0 2 2003 4- Pi. 1- (DES f'lnallclal AUlllinlSlratlOn, rev J 1/11103 page 3 16, ---- ~ k, ICP - Construction Plans, Insubstantial I. DRl, Development of Regional Impact 01, DOA - Development Order, Amendment n, PUDZ - Planned Unit Development, Rezone o. PUDA - Planned Unit Development, Amendment p, POI - Planned Unit Development, Insubstantial q, RZ - Rezone, Regular Zoning r. CU - ConditIOnal Use $ 100,00 $200,00 $150,00 $150,00 $150,00 $100,00 $100.00 $150,00 11) SITE DEVELOPMENT PLANS I) Site Development Plan Review (SDP). $5000,00 a, plus $40,00 per DIU b, plus $100,00 per residential building structure; c, plus $,10 per square foot for non-residential d, plus $20000 per building for non-residential. e, AdditIOnal fees for 3'd revIew $1 ,000,00, 4th review $1 ,500,00, 51b review $2,000.00, 6th and subsequent reviews $2,500,00 2) Prs=-applicatlon fee, $500,00 (to be credited toward application fee upon submittal.) a, Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees, b. Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. C, Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required, d, GMP pre-app meetings $250,00, refund previsions outlined in sub-sections a. b, and c apply, 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100,00 per building pemut application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change, HOO.OO for first sheet, $100,00 for each and every additional sheet submitted, b, Additional fees for yd review $1.000,00, 4lh Review $1,500,00, 5th and subsequent review $2,000,00 5) Site Development Plan Conceptual Review $750.00 6) Site Improvement Plan Review (SIP), $1000,00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a, Construction Document Review. 0,75% of probable water and/or sewer construction costs b, Construction Inspection, 2,25% of probable water and/or sewer construction costs c, ConstructIOn Document Resubmission or Document Modification, submit as insubstantial change, $150,00 for first sheet, $75,00 for each additional sheet 8) Engineering Site Plan Review Fee a, Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & storrnwater management system b. Construction Inspection 2,25% of probable cost of construction 0 management system a A.GEN;)A lTEM-::l. No. j&A ~ water CDES Flllanclal Administration. rev 11113/03 DEe 0 2 2003 S Pi. page 4 9) Site Development Plan Amendment $2.500,00, a, Plus $40,00 per DIU plus $100.00 per residential building structure b, plus lJQ,per square foot c, plus $200,00 per building for non-residential d, Additional fees for 3rd review $1,000,00, 4th Review $1,500.00, 5th and subsequent review $2,000,00 10) SBR Fees a) b) Pre-AcquisitIOn Meeting $500,00 (no refunds or credits) Pre-application fee, $500,00 (to be credited toward application fee upon submittal.) (all normal pre- applicatIOn provisions apply) SBR Fee $5000,00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staff hours c) ] I) Violation of the conditions of approval of the SOP/SIP or installation of improvements, clearing, or other land alteration nol depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP application fee C) SUBDIVISION I) Lot Line Adjustment $250.00 2) SubdiVISIOn Review Fees- a ConstructIOn Document $0,75% of probable cost of construction b Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75,00 for each additional sheet c, SubdiVisions - 3rd and subsequent additional reviews and substantial deviations from approval cOllSlruction documents $500,00 d. SubdivIsion] nspection Fee 2,25% of probable cost of construction for construction inspection, 3) SubdiVIsion, Prduninary Plat (PSP)- a, Petition Application $1000,00 plus $5.00 per acre (or fraction thereof) for residential, plus $ 10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) SubdiVISIOn final Plat $1000,00 plus $5.00 per acre (or fraction thereof) for residential, $1000,00 plus $10,00 per acre (or fractIOn thereof) for nonresidential; (mixed use is residcntial) 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two,year Extension $150,00 7) Water and Sewer Facilities Construction Document Review (),75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs - 3rd and subsequent resubminals $500,0<) 9) Construction Inspection 2,25% of probable water and/or sewer construction costs 10) V 101ation of the conditions of approval of approved construction plans or installation of improvements, c1eanng, or other land alteration not depicted on, or otherwise authorized as a part of the a construction plans or permit. 4x the PSP or Final Plat Review Fee, GENOA1ir3 No. 1& 11) Administrative Amendment $250,00 DEe 0 2 2003 C'Df:S F,nan,lal /ldmlnlsrrallon, rev 11/13/03 Pt. 1 ..( H) ENGIN!!:ERlNG INSPECTION FEES I) Engineenng Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at lime of building pemut issuance, 2) Re-inspection Fees: 151 re-inspection $75,00, 2ud re-inspection $100,00, 3'd and thereafter re- inspection $125,00 I) TEMPORARY USE PERMITS I) Beach [vents Perrruts- a. Individual Permit $100.00 b Block of 25 calendar days $2,250,00 c Block of 50 calendar days $4,500,00 d. Block of 75 calendar days $6,750,00 e, Block of 100 calendar days $9,000,00 f Block of 125 calendar days $1 1,250,00 g Block of] 50 calendar days $1 J ,500,00 2) Temporary Use Permit Special Sales & Events, $200,00 J) Model Homes and Sales Centers $500,00 4) Construction and Development $125,00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $10000 7) Renewals or extensions requested after the expiration date $200,00 8) Temporary Use Permll for Special Events requiring BCC approval, including Circus and Carnival Permits. $275,00 9) Political Signs (Bulk Temporary Permit) $500 a. A depOSit of $500.00 will be posted by political campaigns at the time of securing a Political Sign pemut Forfeiture from this deposit will be in the amount of$IOO,OO per written notice of violation of applicable sIgn ordinance requirements for the J'd and following such notices of violation. Such forfeiture shall be based on notices of violation per campaign, and not per individual sign, Deposit, or remaining balance of deposit, will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requlrements, 10) Fees for Temporary Use permits issued After the Fact, A TF: 2x normal fee J) WELL PERMITS/INSPECTIONS 1) Hydraulic elevator shaft permit $300,00 2) Test hole permit (including I st six holes) $300,00, each additional hole $20,00 J) Wdl permit (abandonment) $150,00 4) Well permit (conslnlction or repair) $JOO,OO 5) Well permit (monitoring) $150,00 6) \Vell Permit (modification of monitor It est well to a production well) $75,00 7} Well ReLllspections a. First Rell1spectioll $75,00 AGENDA ITEM ~ No. / ~ A '....._' DEe 0 2 2003 PI.~ 1 CDES FinanCial AdnlllllSlratlon, rev 11/1 3103 1- L b, Second Reinspection $100,00 c, Third Reinspection $150.00 8) After the fact well permits 4x normal fee per violation, NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule, K) ZONING/LAND USE PETITIONS I) Pre-application fee $500,00 (to be credited toward application fee upon submittal.) 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1.500,00 4) Conditional Use Permit $4.000,00 ($1,500,00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750,00 6) Conditional Use Extension $3.000,00 7) DR! Review (In addition to cost of rezone) $10.000,00 plus $25,00 an acre (or fraction thereon 8) DR]! DO Amendment $6,000,00 plus $25,00 per acre (or fraction thereon 9) DRIABN - DRl Abandorunent $1.500,00 10) Flood Variance Petition $1000,00 I]) Interim Agriculture Use Petition $350,00 12) Non-Conforming Use Change/Alteration $1500.00 13) Parking Exemption $1500,00 14) PUD Amendments (PUD to PUD): $8,000.00 plus $25,00 an acre (or fraction thereon IS) Property owner notifications: $1,00 non-certified mail, $3,00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendment (Insubstantial) $1500,00 17) Rezone Petition (Regular) $6,000,00 plus $25.00 an acre (or fraction thereon 18) Rezone Petition (to pun) $10,000,00 plus $25.00 an acre (or fraction thereon 19) Street Name Change (Platted) $500,00 plus $1.00 for each property owner requiring notification of proposed street name change, 20) Street Name (unplatted) or Project Name Change $500.00 AGENDA ITEM No. /fL>ft 3 DEe 0 2 2003 ~ 21) Variance petition: $2,000,00 residential, $5,000.00 non- residential 22) Variance (Administrative) $1.000,00 Pg. CDlS Financial AdmInistration, rev 11/13/03 page 7 16,4 ~ 23) Zonmg Certificate: Residential: $50,00, Commercial:$J25,OO 24) PUD Extension - Sun Setting: $1000,00 25) Sign Variance Petition: $2000,00 26) Stewardship Receiving Area Petition (SRA): $7000,00 plus $25,00 per acre (or fraction thereof) Stewardship Sending Area Petition (SSA): $7000,00 plus $25,00 per stewardship credit applied for. 27) AfteHhe-Fact Zoning/Land Use Petitions 2x the normal petition fee 28) Land Use Petition Continuances a, Two days or less prior to meeting $500,00 b, Requested at the meeting $750,00 c, Resultant additional required advertising charged in addition to continuance fees. 29) Reserved L) MISCELLANEOUS I) Reserved 2) Reserved 3) OffiCial Zoning Atlas Map Sheet Publications, maps, and reports, $,50 as set forth in Resolution 98-498, as amended, 4) Requests for fonnal \vrittcn zoning/land use verification or similar such request for written staff responses, $100,00 per property 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour, 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge fur the tirst hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour, 7)CD Burning $1,00, floppy disk: 12Q 8 )Complete sds of Official Zoning Atlas Map Sheets $ I 00,00 per set. 9)Photocopies of documents less than J I x 17 inches: iQJ.1. one sided, $0,20 two sided, other sizes at cost of production a, Ce/11fied copy of public record $1.00 each. 10) Property Noti fication Address Listing: a, MS Excel spreadsheet on Disc $70,00 b, Pnnt OUI on Paper $75,00 + 0,05 for every record over 1500 c, Madl/lg Labels $80,00 + 0,06 for every record over 1500 d, Pnnt Ollt on Paper I Mailing Labels $85,00 + 0,11 for every record 0 e, th~l DEe 0 2 2003 II} Comprehensive Plan Consistency Review a, CU's $300,00 (,DES Financial ^drnlnlstr3t1on. rev IIi13/03 Pg. L,_, b, Rezonings $75000 c, Pud's or PUD Amendments: $2250,00 12) Plan RevIew Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per budding permit application 13) Project Meetings a, Meetmgs with Planning Dept Project Manager per applicant request, site plan reviews and land use petitions in progress, $150,00 per one hour minimum, $75,00 per Y2 hour thereafter. Additional Planning Department staff attending meeting per applicant request $75.00 per y, hour per staff member. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500,00 per one hour minimum, $250,00 per Y, hour thereafter, b. 14) Adequate Public Facilities a, Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200,00 + 25,00 per residential dwelling unit or + 25,00 per 1000 sq ft commercial ($5000,00 maximum) b, Ruilding permit applications requiring COA process review not covered under 12.a above $100,00 per building permit application 15) Zoning Confirmation Letters a, Standard Response $100.00 (includes up to I hour research) b. Extended Research $100,00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) COD a, Community Development District $] 5,000,00 b, Chapter] 89 Special District, Independent or Dependent, $15,000,00 18) GMP a, Small Scale $9000.00 b, General $16,700,00 c, Legal advertlsmg in addition to sub-sections a and b fees, and subject to applicable fee schedule proVIsIons, M) BUILDING PERMIT APPLICA nON FEE 1) A pennit application fee shall be collected at time of applying for a building pem-tit. The permit application fee shall be collected when the plans are submitted for review, The fee shall be applied toward the total permit fee. The apphcant shall forfeit the apphcation fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103,6,),1 of the Collier County Ordinance No. 91-56, as amended, 2) Apphcation fee will be computed as follows: a, Single family and duplex $,05 per sq ft with minimum of $1 00,00 b, Multi,Family & Commercial $.05 per sq ft up to 10,000 sq ft, $,025 for over 10,0 . A~~IA?' No. 3) MaXimum appl1c3tlOn fee shall NOT exceed $5,000,00, 4) Minimum fee of $50.00 for each of the following: plumbing; mechanical (A/C); DEe 0 2 2003 Pi. /0 CI1ES FinanCial AdmllllstntllOn, rev 11/1 3/03 page 9 ",u,',,' :~1 electrical; fire; and building, when applying for additions/alterations, Minimum fee for all other applications = $50.00. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary, N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit C), whichever is greater. Valuation of construction costs ofless than $750.00 - No penmt or fee is required, but construction must comply with all County Codes and Ordinances, If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paId, *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier COW1ty Ordinance No, 2002-01, as amended. a. Valuation of construction costs of $750,00 through $4,999,99 - With one or no inspections $50,00, With multiple mspectlOns $100,00 b. ValuatIOn of construction costs of$5000,OO through $49,999.99 - WIth one or no inspections - $30.00 plus $6,00 per thousand dollars, or fraction thereof, of building valuation ill excess of$2,000,OO, With multiple inspections - $80,00 plus $5,50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000,00, eValuation of construction costs of $50,000,00 through $1,000,000,00 - $250,00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00, d, Valuation of construction costs over $1,000,000,00 - $2800,00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation ill excess of $1,000,000,00, 0) ELECTRICAL PERMIT FEES I) The tees for electrical pennits for new structures or placement or relocation of structures shall be computed as follows: a, $0.40 per ampere rating of all single-phase panel boards. b. $0,15 per ampere rating for switch or circuit whichever is greater, if item Ii 1 above does not apply. c, When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at lQ,ll per ampere, d, Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities, e, The minimum for any electrical pennit shall be $50,00 per unit or tenant space, f. Fifty percent (50%) in adciitional fee costs shall be added to all above fees for three phase lIlstallatioIls, AQEN)A ITEM No. I/(J A3 DEe 0 2 2003 Pg.---1L- EXCEPTION Ordinary repairs limited to a $200 value or less may be made wllhout a pennit. Repairs must comply with all County Codes and Ordinances, If page 10 'I ( [lieS F:nanclal Admlnlstrallon, rev 11/13/03 "'-.... _3 mspections are required by the Building Official or requested by the applicant, the appropnate fees shaH be paid, P} PLUMBING PERMIT FEES 1) The foHowmg fee calculations shaH be applied separately when the permit Involves rruxed occupancies, a) ReSidential occupancies: The fee for a plumbing permit shall be computed at the rate uf $5000 to be charged for each living unit with one to three bathrooms, An additIOnal fee of $10,00 will be assessed for each additional bathroom. h) Nonresidential occupancies: The fee for a plumbing permit shaH be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3,00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs Jl1 any occupancy b) classification shall be charged at the rate of $ 1.00 per fixture unit or c) Millln1um of$50,OO for each occupancy or tenant space, 2} Cin:asc naps: An addllional fee of $50.00 shall be assessed for each grease trap .1) The cost for retrofit piping shall be computed at the minimum fee of 50,00 per floor for each main riser. 4) The cost of a permit for la"'l1 sprinkler systems shaH be computed using the dollar valuation as shown under Section M of this Resolution, 5) The nunimum plumbmg permit fee shall be $50.00, Q) J\IECHANICAL PERMIT FEES I) The following fee calculations shall be applied separately when the permit involves mixed occupancies, a, ReSIdential occupancies: The mechanical permit fees shall be computed at the rate of $50,00 for each living unit up to three tons of air conditioning, Each additional ton or part thereof shall be $3,00 per ton, b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the followmg methods, whichever is calculated to be the greatest fee: rhe rate 0 f $50,00 for the first three tons or three horsepower of air condltlonlllg or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3,00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per !loor for each cooling tower, or $50,00 for the first 3 horsepower and $3,00 for each additional horsepower, whichever IS greater. 3) The mimmum mechamcal permit fee shall be $50,00, AGENDA ITEM~ No. f 6, Ii- .::..J 4} A permi t for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. DEe 0 2 2003 I~ P&. COtS Flnal1clal "JmInISlraliOI1. rev 11113/03 page 11 16Aj . ..; R) FIRE PREVENTION AND CONTROL PERMIT FEES I} The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts, S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES I) The pemlit fee shall be $50,00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable, 2) The permit fcc shall be $75,00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable, T) CHlCKEES AND SIMILAR STRUCTURES I) The perrrut fee will be based upon a calculated cost of construction of$4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section 1\ of tillS Resolution, Additional permit fees for elcctnc, plumbing, mechamcal, fire, etc" will be charged when appticable. lJ) POOL OR SPA PER'\UT FEES I) For constnJctioll of each public pool or spa the fee shaH be - a Valuation of construction costs of up to $4,999,99, $100,00 b. Valuatlon of construction costs of $5000,00 through $49,999,99: $80.00 plus $7,00 per thousand dollars, or fractIOn thereof, of building valuation in excess of$2,000.00. c Valuation of construction costs of $50,000,00 through $1,000,000,00: $333,00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d, Valuation of construction costs over $1,000,000,00: $3474,00 plus $3.00 per thousand dollars, or fraction thereof, of buddmg valuation in excess of $1 ,000,000,00, 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES I} Construction costs shall he calculated as follows: a Screen Roof. $2,00 per sq, ft. of floor area, (Screen Walls Only) b, Pan Roof. $3,00 per sq, ft, of floor area, (Screen Walls Only) c, EXlstlllg Roof $2,00 per sq, ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution, AGENDA 1TEM3 No. /& ~ DEe 0 2 2003 13 Pi. W) SIGN PERMIT FF~ES I) Sign pernut fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Pernut fees outlined in thiS document, the Collier County Development Fee Schedule The minimum building perrrut fee for sIgn shall be $75,00, COES FinanCial AdminIstration. rev J 1/13/03 page 12 16A --- ~ 2) Multiple signs of the same type (i,e" wall signs) and for a single project may be allowed per one pennit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees, X) CONVENIENCE PERMIT FEES I) Convenience permits are issued in blocks of 10 each, Only licensed contractors are eligible to purchase convenience permits. Convenience pennits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400,00, Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS I) PERMIT AND PLAN REVISIONS The fee for each pennit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above, The minimum pennit fee for revisions to pemutted projects shall be $50.00, 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building penrut fee or $150,00, whichever is greater, but shall not exceed $500,00, The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County, The following are required for as-built draWIngs review: a. An itemIzed list of all changes made after pennit plan approval. b, As-budt plans that have all changes made after permit plan approval "clouded" , c As-huilt plans and changes shall be signed and sealed by the engineer andJor arcllltect of record, 3) CORRECTIONS TO PLANS a, First Correction to Plans, No charge b, Second Correction to Plans, $75,00 c, Third & subsequent correction to plans, $100.00 Z) PERMIT EXTENSION I) The fdmg fee for each permit extension shall be equal to 10% of the original buildIng permit fee or $100,00, whichever is greater, but shall not exceed $500,00, The filing fee is intended to cover the cost of reviewing existing or amended buIlding plans to detenrune and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES I) The pennit fee shall be $50,00 for the demolition of any building or structure. 8B) PRE-MOVING INSPECTION FEES 1) The fee shall be $150,00 for the pre-moving inspection of any building or strucmre. CC) INSPECTION FEES I) A charge of $20,00 per inspection shall be assessed for inspections for which a pennit IS not necessary, AGENDAlttM"'"::1... No. I ~ fL.....:.J DEe 0 2 2003 PI. /1 L CDES FinanCIal AdministratIon, rev 11113103 page 13 16A~ 2) A user fee of $40,00 per inspection shall be assessed for inspections on a time spec1f'icd basis, 3) A user fee of $120,00 per inspection shall be assessed for inspections requested after normal working hours, (Normal working hours for inspections are Monday through Friday, 8 :00 AM to 3:00 PM, excluding holidays,) 4) FIrst Partial inspection for single-family & tenant buildout, No charge 5) Second & subsequent partial inspections for single-family & tenant buildout, $25,00 DD) REINSPECTION FEES 1) Re-inspections for any type of building pennit, or required Engineering re-inspections, shall result in an additional fee of $75,00 per inspection for the first re-inspection, $) 00,00 for the second re- inspection and $125,00 for the third and each successive re-inspection, EE) FAILURE TO OBTAIN A PERMIT J) Where work for which a permit is required is started or proceeded with prior to obtaming said pemlit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less, The penJlty for fallure to obtam a permit when one is required havmg a cost greater than $250,00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requIrements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County, F'F) LI(T\SI~G 1) The fee for licensing items is as follows: a, Letters of Reciprocity, $3,00 b Contractors Change of Status, $10,00 c, Voluntary RegIstratIOn of State Certified Contractors, $10,00 d Pictures, $2,00 e, laminatlllg $100 (per license) GG) DUPLICATE PERMIT CARDS I) The fee shall be $5,00 for the issuance ofa duplicate permit card for whatever reason, HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS I) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be S50,OO, TIllS fee Ulcludes the issuance of a new pem1it card, II) PERMIT FEE REFUNDS I) I f requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been Issued, construction has not commenced, and the refund is applied for prior to the cancellatlon of the permit. AGEtI)A ITEM No. 1~4-6 I DEe 0 2 2003 I I Pg. /6 page 4 CDES FinanCIal AdmmlslTauon, rev Jill 3103 JJ)-RECORD RETRIEV AL I) No charge for retrieving records from inactive or remote storage including microlilmed documents KK) COpy FEES I} The fee for blueprint and miscellaneous copying shall be as follows: a, Microfilm copies, of documents less than 11 x 17 inches: ~ other sizes at cost of production, f M icrolilm or Blueprint copies: 18 X 24 ll12 per page 30 X 36 $2,50 per page 30 X 42 $3.25 per page 34 X 44 $5,00 per page g, Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8,5 inches $0,15 per page inclusive of sales tax, LL)RESEARCH I) The fee for researching records, ordinances,.and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. I ' MI\1) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $1500 per year The suhscription year is from Oct, I through Sept. 30 NN) ELECTRONIC DATA CONVERSION SURCHARGE I) A surcharge in the amount of 3% of the building permit application lee, with the mimmum surcharge being $3,00 and the maximum being $150,00, will be applied to every building permit application submitted, A flat fee 0[$3,00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule, 00) REGISTRATION OF RENTAL DWELLINGS ]) The fee for registration of rental dwellings is as follows: a, Initial Registration Fee - $30.00 b. Annual Renewal - $20,00 c. LateFee-$IO,OO PP) FEE WAIVER PROCEDURES I) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Enviromnenlal Services Division Staff, who will prepare an executive sununary for consideration by the Board, Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization rcquestin the fee waiver. AGENDA ITEM '-:J No. /&A~ CDES Financial AdministratIOn. rev 11/13/03 DEe 0 2 2C83 /{P Pi. page I 5 QQ) ADDITIONAL FEE REFUND PROVISIONS I) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff revIew of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Planning, Environmental, or Engineering related fees, except those apphcal10ns which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund, After 30 days from such notification, there will be no refund of submitted fees, 3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of adrrunistratl ve deCIsions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percell! of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. 5) [n those cases where alternative methods or timing of payments for CDES services and lor fees listed in tIllS schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and EnVironmental Services Administrator will have the authority to approve such alternatives, Such alternative must be in "''Titing and signed by all principals involved, [n no case shall final C.O, or such certifications of project completeness be issued until payments due CDES are receIved ll1 full. 6) All houri y fees arc computed and charged from actual Divisional time tracking records, 7) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 8) Any legal advertising reqUired during any CDES activity or approval process will be charged in additIOn to stated fees, at actual costs, CDES reserves the right to charge an estimated amount with the initially reqUired project fees, and will reconcile and adjust such charges against actual legal advertiSing billings at the completion of the project. 9) When deemed essential for project review or approval, there wiIl be no additional charge for any meetings requested by CDES staff. AGEtI)A ITEM No. /foA ,~ . DEe 0 2 2003 17 PI. CDES Financlall\JmlTllSlratlOn, rev 1111 3/03 page J 6 16A4 MEMORANDUM Date: December 4, 2003 To: John Houldsworth, Senior Engineer Planning Services From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Resolution 03-419 Enclosed please find one copy of the document as referenced above (Agenda Item #16A4), approved by the Board of County Commissioners on December 2, 2003. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure 16A4 RESOLUTION NO. 03- 419 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 INDIAN WELLS GOLF VILLAS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSffiILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE INDIAN WELLS GOLF VILLAS HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 6, 1996 approved the plat of Indian Wells Golf Villas 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 Compliance Services Section of the Development Services Department 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 Indian Wells Golf Villas, 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 Indian Wells Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: tZ...Z.;-P3 A TTES:r: DWIGHT E. BROCK, CLERK ~ :. ~ 'J- }f Attest as to Cha1r1aft.s s 1 gnature on1,y. Approved as to form and legal ~~,n~~, . ~JJJ~frD PatricJ(G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS ::LLffiI' FLO A TOM HENNING, CHAIRM 16 A ~...~.. t;..... .-1 MEMORANDUM Date: December 4, 2003 To: John Houldsworth, Senior Engineer Planning Services From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Resolution 03-420 Enclosed please find one copy of the document as referenced above (Agenda Item #16A5), approved by the Board of County Commissioners on December 2, 2003. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure 16A5 RESOLUTION NO. 03- 420 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 VENTURA, PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADW A Y, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 11, 1999 approved the plat of Ventura, Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 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 Compliance Services Section of the Development Services Department 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 Ventura, Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DAT?:~ 12~1~~ A TrEST: nWIGHT E. BROCK, CLERK ~\;{:~,~. ~ By: Attest as to Cha1r14n'S signature o<<tJy,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ~~Ow~gal Patrick G. White Assistant Collier County Attorney MEMORANDUM Date: December 4, 2003 To: John Houldsworth, Senior Engineer Planning Services From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Resolution 03-421 Enclosed please find one copy of the document as referenced above (Agenda Item #16A6), approved by the Board of County Commissioners on December 2, 2003. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure 16A6 16A6 RESOLUTION NO. 03- 421 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 VENTURA, PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNlTY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 11, 1999 approved the plat of Ventura, Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 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 Compliance Services Section of the Development Services Department 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 Ventura, Phase Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DA TE:Il:2rp3 ATTE,ST: DWIGHT Eo BROCK, CLERK '~4':.~~~,k Attest'.,., to Cha1rMn'S S1gn~~~ only. ' '0: . ~&o~egal Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER ~T~' FL RIDA . By: ,-J~ TOM HENNING, 16A7 " CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of '::r '-I.. ~L , 2004, by STOCK DEVELOPMENT, LLC, a Florida limited liability company (hereinafter "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "the Board"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Chase Preserve First Replat. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements NOW, THERFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: the water, sewer, roads, drainage and like facilities, within eighteen (18) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $30,501.52 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the approval of the Development Services Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 16 A 7 '. 6. The Developer shall maintain all Required Improvements for one (1) year after preliminary approval by the Development Services Director. After the one (I) year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by the final approval of the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 7. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to tpublic advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill al of the provisions of this Agreement. 8. All of the terms, covenants, and conditions herein contained are and shall be binding uon the Developer and the respective sucessors and assigns of the Developer. IN WITNESS WHEREOF, Developer P9...ld the Boa~ve caused this Agreement to be executed by their duly authorized representatives this n.:aay of <.. f1~ , 2004 STOCK DEVELOPMENT, a Florida linfite By: ATTEST: DWIGHT E. BROCK, CLERK 16A7', ~\~~ii'~ ~ ~ By: ',' . A.J ,If' _ , '{ ) a. , ehtfhl.QlA, rk.. 6;~, ~. . .~. ,'}' ~I;' ft',#t,'~~,t'~<'~"'\"ie"~",':" "a"k-ian'S sJ' , ~~\ :~.'l... '.' I +~ ; r" : 9f)avsv.lI: ,()A)J.~ . ,~ .'~' 1"..... (,..". . . ..~. , ',' . J'\:'".'~ ...; ~-~ '.. ~.,.f; '~:;~.f .~. t;'! Appro~~~~..t.<?.f?.r*<md legal sufficiency: < '-, 'I 1\ ,~'\""\ '. \' "~h .':J\.,'" . . l~}"" BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONN!/i.~A~ " -~AA ~LI1l. {Ju~ ~ JENN A. BELPEDIO t Assistant County Attorney Item # 1iftJ:] ~~;:da La- d -03 ~~~d Yrt..f -Ot-{ 16 A 7 1f~ _"":'~"'~"""'""""="""""""='cc"""-===---="""""'~''"'*>.,.~=...........,.",=~.>_=-;=-""""",,,,,_.~,,,,,,........,~~~.=....""'"=c,~ ..AM5ourH" BANK THE RELATIONSHIP PEOPLE' 2941 STOCK CONSTRUCTION LLC 5692 Strand Ct. Naples, Florida 34110 Pay: ********************Thirty thousand five hundred one dollars and 52 cents 63-466/631 b.- PAY TO THE ORDER OF May 19~AT~004 Collier Co Board of Commission CH2'?,f~' $ * * * * * 3 ~~O~~\ . 52 ~~>'-- .~, ..'."2.,., ,.~ ,r' , cI>" ~ ,~,., A7;; ~(~ .. ~ AUTHORIZED SIGNATURE III 0 0 2 q L. . III I: 0 b j . 0 L. b b B I: 0 0 j L. 0 . 5 ? 5 2111 ~"''''"=-~'''''-~-'''''''''''==~1'''''''';'.<'_"""",'~,,,;,;,,,,,,,,~,,,,,~=,,,,,,,;,,;o"~,,,,,,,,,~~,,,,,,~~",,=-"';";"'""""'-"~'.~_~~_"-=.T.,~_~"=,__~,.=~.~~","..-=- EXHIBIT IA 16A7 Performance Security Total Conlrac't Amount = $ 111,381.24 Total Constructed to Date = $ 92,017.84 Total Contract Remaining = $ 19,363.40 For the perfonnal1ce security, Collier County requires 100%1 of the remaining construction costs plus 1 O(!~ of the total contract for the one year maintenance period. The pertormance security amount is: 100% of the Remaining Contract = $ 19,363.40 ]{)% of the Total Contract = $ 11,138.12 TotalPeiformance Security Amount = $ 30,501.52 l.~tl\ b 'T A 16A8 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 MEMORANDUM Date: December 4, 2003 To: Doug Suitor, Sr. Environmental Specialist Natural Resources Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Collier County Artificial Reef Monitoring Project Enclosed please find three (3) original documents as referenced above (Agenda Item #16A9), approved by the Board of County Commissioners on Tuesday, December 2, 2003. Kindly forward the agreements to U.S. Fish and wildlife Conservation Commission for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, 774-8406. please call Thank you. Enclosures (3) 16A9 16AC FWC Grant No. 03040 J COLLIER COUNTY ARTIFICIAL REEF MONITORING PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Box MF-MFM, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Naples Florida 34112, hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE 1 . Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Grantee Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall begin upon execution by both parties and end on June 30, 2004, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered after the termination date of the Agreement. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $3,500. PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactcry service upon submission of invoices, acconpanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the (0MMISSION's Contract Manager. Each invoice shall in ;Iude the FWC Grant Number and the GR.,t~TEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be sLbmitted. The COMMISSION shall not provide advance paymei-'t. All bills for amounts due under this Agreel'lent shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbur3ement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services. 6. Travel expenses, if authorized in Attachment A, Scope of Services, shall ,be compensated on a cost reimbursement basis in accordance with Section 112.061, Florida Statutes. - Page 1 of 13 - 16A9 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as Attachment B). 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation, shall be submitted to: William Horn, Fisheries Biologist IV Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries For U.S. Postal Service Mail; 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 For courier service: 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NO TICE 13. Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Doug Suitor Senior Environmental Specialist Collier County 2800 North Horseshoe Drive Naples, Florida 34104 ( 239) 732-2505 Dougsuitor@colliergov.net William Horn, Fisheries Biologist IV Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 (850) 922-4340 bill.horn@fwc.state.fl.us - Page 2 of 13 - AMENDMENT OR MODIFICATION 16A9 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein cqntained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc.). However, all modifications are subject to the mutual agreement of both parties as evidenced in writing. Any modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker's Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 19. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifically provided in this Agreement. CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to 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 GRAHTEE on conjunction with this Agreement. RECORD KEE~iNG REQUIREMENTS 21. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The COMMISSION, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. - Page 3 of 13 - LIABILITY 16A9 22. Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. NON-ASSIGNMENT 25. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 27. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28. This Agreement has been delivered in the State of Florida and shall be construed in accordancE: with the laws of Florida. Wherever possible, eal;~ provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provis:on or the remaining provisions of this Agreement. Any actio" in connection herewith, in law or equity, shall bJ brought in Leon County, Florida. NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER - Page 4 of 13 - 16A9 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES REQUIREMENTS 31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE wiil obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $25,000. 32. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31. 33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 34. The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety(90) days following the execution date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 38. The GRANTEE agrees to acknowledge the role of Florida saltwater fishing license funding in any publicity related to this Agreement. 39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 40. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code during the term of this Agreement. 41. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special condition!'l specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision ir, all subcontracts issued as a result of this Agreement. FEDERJ. UFLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42. Effective July 1,2000, the Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply wit the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable. - Page 5 of 13 - 43. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited f!m ~in~ 9 funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. CERTIFICATE OF CONTRACT COMPLETION 44. The GRANTEE will be required to complete a Certificate of Contract Completion form when aU work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. CERTIFICATE OF PARTIAL PAYMENT 45. The GRANTEE will be required to complete a Certificate of Partial Payment form when payment intervals have been noted in the Agreement. This form must be submitted to the COMMISSION's Contract Manager starting with the second invoice and with each subsequent invoice requesting partial payment. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. ENTIRE AGREEMENT 46. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK - Page 6 of 13 - 16A9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year fast written below. COLLI3tECOU TV BOA OF COUNTY CO ISSIO S By: ~ (Authorized Signatory*) Iz...Z FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: Director, Division of Marine Fisheries or Designee Tom Henning. Chairman (Print Signatory's Name and Title) Date: Date: Collip-r r.ollnty, Flor;rl~ (Grantee) 2800 North Horseshoe Dr. (Address) Naples. FL 34104 (City, State, and Zip Code) 59-6000558 (Federal Employer Identification Number) Atesst To Tom Henning Only Dwight E. Brock; Clerk'~ By: ~ Deputy Clerk Attest as tt); Cha1r11111'S signature ORlj. /, _ .' .; 1J j,; l' . /J I APpr:ved as to form' and legality: C1-J.. t. $1 . . . FWC AttOr Collier Count V Department of Finance Reimbursement Check Remittance Address: 3301 E.Tamiami Trail, (Address) Naples, Florida 34112 (City, State, and Zip Code) ~~'r Approved as to-md legal sufficiency: co:&~~e! ~ *If someone uther than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agre,)ment. List of Attachments included as part of this Agreement: Attachment A Scooe of Services Attachment B Reauirements of the Federal - Florida Sin ale Audit Acts Exhibit 1 State and Federal Funds Awarded throuah the Florida Fish and Wildlife Conservation Commission - Page 7 of 13 - 16A9 ATTACHMENT A SCOPE OF WORK COLLIER COUNTY ARTIFICIAL REEF MONITORING GRANT INTRODUCTION The objectives of the monitoring project will be designed to provide baseline data towards evaluating the success of six (6) Collier County artificial reefs. Additionally, the monitoring will provide a comparison between the varying types of material and deployment methods used. The monitoring project will be accomplished using volunteer divers and County staff. The money requested will be used for transport of divers to the reef site. IREEF NAME jgJam Pass 3 ~ile 01 :Doctors Pass 5 Mil~ iGordon Pass 4.5 mile Marco 2 Mile - 02 iSta. Lucia ;~iggi.~.f~~s 4.6 Mile LATITUDE LONGITUDE'AGETONSFT_PRT RELIEF -...."..--..-----...... -. - .. -......... 26.22529 -81.86952 3 3754000 6 ^ --_._----_._~~_._--_.._...^ 26.17020 -81.90584 9 400 4' . . ---"'--"_._^'-~--""'- CONCRETE BRIDGE RUBBLE 26.09657 -81.88867 10 40015625 4 CONCRETE RUBBLE 25.92390 -81.77060 31 2502625 7 ~hipand pilings 26.08992 -81.84359 6 40025000 12 barge and cr~ne 26.29!..1,~_..:~,~_~ 15 3003~~_.. ~:_ REEF MATERIALS ~_ri~ge d~.~ris culverts ...----~.-,-...---_~_.___".,.v._""'.__."'~.. ". (1) Samolina schedule and number D-DATE ryIay-O.9, ~ay-94 Mar-93 Dec-72 Jun-97 Feb-87 The data to be collected will include fish counts, benthic community structure, reef maps, area maps, user interviews, and counts of types and number of pieces in the deployment site. The data will be collected twice per year, spring and fall, for each of six (6) reefs, for a total of twelve (12) sampling events. Upon grant execution the project will begin and will be completed within twelve (12) months. (2) Monitorina tasks a. Fish Counts -fish counts will be conducted following the REEF roving diver protocol. b. Benthic community structure -This will be recorded through macro photography of a standard one (1) meter quadrant placed randomly on the reef. A divers buoy will be deployed at the site and a GPS number will be recorded. c. Reef Maps -Reef maps will be drawn by measuring out from a center pOint with a 100 foot tape measure on 150 increments. The center pOint will be buoyec and a GPS location will be recorded, d. Area Maps -An area map of the site will be produced us '1g a GPS and a bottom machine. A boat will cross the site on 100 foot transects recording GPS location5 for bottom profiles. e. User Interviews -Attempts will be made to interview boaters within the reef sites. The interview will include questions related to frequency of use, residence, money spent on trip, fishability and diveability of reef etc. f. Reef piece count -During the mapping an attempt will be made to count the type and number of pieces comprising the reef. - Page 8 of 13 - 16A9 (3) Quality Control of data The data will be compiled by the Natural Resources Department to ensure accuracy in data entry. Trained and experienced volunteers, working in pairs, will conduct the fish counts. Maps will be ground-truthed during subsequent monitoring events. Photographs of benthic quadrants will be submitted as part of the dataset. (4) Data collection and analysis. The data will be compiled and attempts will be made to create statistically valid comparisons of benthic growth, fish abundance and reef use between and within the group of sites chosen. A report summarizing the conclusions will be produced following the completion of the monitoring project. (5) Data submittal and reoort formats An overview of the results of the survey will be produced as a report using Microsoft Word and will also be published on our webslte as an Adobe Acrobat file. Fish Counts -The results of the surveys will be submitted as database files produced with Microsoft Access in FWCC fish census format. They will also be submitted to REEF on their survey forms. Benthic community structure -The percent coverages by species will be reported as database files produced with Microsoft Access. The photographs of the quadrants will be submitted as jpeg files on CDRom. Reef and Area Maos -the reef drawings will be submitted as ArcView event themes. User Interviews -The results of the surveys will be submitted as database files produced with Microsoft Access. REPORTS Collier County shall submit progress reports every sixty (60) days following the execution of this Agreement; describing work performed, problems encountered and planned solutions if needed. INVOICES AND PAYMENTS For satisfactory completion of the twelve (12) monitoring events as described above, the FWCC agrees to pay Collier County a maximum of $3,500 on a fee schedule basis of $250 per monitoring event and $500 for the submittal of a final report summarizing the entire project. A final report shall be submitted with the second invoice with Ct!l final data and other documentation required by this Agreement by June 30, 2004. REST OF PAGE INTENTIONALLY LEFT BLANK - Page 9 of 13 - ATTACHMENT B REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS 16A9 The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. Monitorin2 In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. Sy entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff 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. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised. 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 Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federar resources received from Commission. 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 OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS 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 Circul,r 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 OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an B'Jdit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state tmtity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities. State - Page 10 of 13 - financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. 16A .~ In connection with the audit requirements addressed in Part /I, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends Jess than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address:' Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 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. 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 letters issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART /I of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at the following address: - Page 11 of 13 - Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 16A9 The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission 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. Recipients, when submitting financial reporting packages to the Commission 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. . Contact the Commission's Audit Director by phone at (850) 488-6068. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor Generf'1 access to such records upon request. The recipient shall e'1sure that audit working papers are made avaifaule to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. - Page 12 of 13 - EXHIBIT - 1 16A9 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NONE COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NONE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NONE SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program 77.007 Collier County $3,500 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), :=Iorida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. - Page 13 of 13 - MEMORANDUM: Date: December 4, 2003 To: Susan Murray, Project Planner Current Planning Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Carnival Permit 2003-07 Please find one copy of the above referenced document, Item #16A(10), approved by the Board of County Commissioners on Tuesday, December 2, 2003. If you have any questions, please feel free to contact me at: (774-8406). Thank you. Enclosure 16AIO 16AIO Permit No. 2003-07 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a 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 Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has requested a waiver of the surety bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, to conduct a carnival on December 6 and 7, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of the 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 2rvj day of ~Je1 ,2003. ATTEST: . [':'''-''' DWIGHT::E: BROCI( CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: ~~~~,k AttHt as to '(h& 1 . s signature,on11. Approved as to Form and al Suf' ency: BY: TOM HENNIN Patrick G. White Assistant County Attorney CARNY -2003-AR-5043,Snow Fest/SM/sp 1 of 4 . coio,. ,-' ,.. OR IOOl ........ MaWR. 1AIltOH. IOL.L . PlaKe 1He. ~ 8GteIl f\JHGS #tHO ~ SIJIlVI'IQS ooolza PAGE 16Al i.. ,. .... ..::.r ~~ ' .....,.. .....~- -e-" :,,:,;-: - "t. r .. -..........~.. .". . ~- .: ~- ".crt,tt.. ., . ..,t ,f S'CltO. ~J, TIWftlaS. 41 $.~tbr .lftlO 11 l'I'. . 'UUI A. - " A" .-., ,." .f S,.,',. 1" 1....." 4. I...,. a.... l' .I't_ C."'tr \C.'.Il. 'l.r'.' I" ..t., .,r. ,Ittlcu'.r', "Icr'~.. 'I '0"..'; . c.....ct.1 " sa. I.' lb..., Carn.r .t Stct1.. 33. To.nll'p .. SO."_ I.... II lit. 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PARCEL - "'1 that.part of sectton 33, Township 49 Soutl\, Range 26 East, Collier County, florida; and being more part~cularly descrIbed as follo~s; comaencing at the north west corner of Section 33, Township 49 South, Range 26 East, Collier County, flOflda; thence along the north line of above section, North 87.~53'-Z6M East, 110.07 feet to the east right-ot-way of Santa Barbara Boulevard; thence along the east right-of-way of said Santa Barbara Boulevard, South 0.-00'.59- East, 560.73 feet to an angle point in said right-af-way; thence continuing along said right-of-way South. 01-.13'.03- E4St. 138.}O feet to the south 1ine of the Access Road; thence along the south line of the Access Road North 8g._5B~-51M East, 619.75 feet to the POINT OF BEGINNING of the Parcel herein discribed; thence continu1ng .long the south line of the Acces$ Road Horth 89..58'.SlM EiSt, 841.80 feet; thence southwesterly 93.86 feet along the are of a circ:ular curve coneave to the ,south having a radius of 1302.33 feet !pd being 5ub\ended by . chord which bears south 69*-02'.48R West 93.49 feeti thence westerly 684.76 feet along"the arc of a circular curve concave:to the nort~' having a radius of 852.91 teet and being subtended .by & chord which bears south 89--58'-S5M wes~, 666~52 feet; thence northwesterly 93.86 feet along' the arc of · circular cur~e concave to tbe 'out~ hav1ng .' radius of. 1302.33 feet and being sub tended' by a chord wh1cb bears north 69.~04'-58. West, 93.84'fe8t to the point of beginning; , .' being a part of Section 33. Township 49 South. Range 26 East, Collier Count1. Florida. .' subject to easement and restriction$ of ' record containing 1.27 acres of land more or less. - . - . I III . .. , . r - EXHlBIT A .....:,....,.... -. ..~:.......I.'.i..,...:. ..~ :....,.:.._1.. ~ ..:t . , ..: . i' - G~/ 'd G00~ [S[ ~P~6 ~ ~?:~T Tnn?-cn_~n~1 /- ~-~~ - .. .~=w.__.__.._.. . .' -. ~. PARC~L 'D". All tbat part of Section 33~ Township 49 South R 'nge 26 East, Collier County" Florida and being more' p~rlicullrlY described is follo~s: .. Commencing at the north west corner ~f Section 33, Township 49 South, Range 26 East. Collier County,. 'Florida; thence along the north line of above see-tion -North 81-.53'-26" East, 110.07 feet to the east r19~t-of-~a1 of Santa Barbara Boulevard; thence along the east right-of-wIY of said.Santa Barbara Boulevard. South 0..00'-59- East, 560.73 feet to an angle point in said right-of-way; . thence continuing along said right-at-way South 01e-13t_03a East, 138.30 feet to the south line of the Access Road; thence along the south line of the Access Road Horth 69..58'-51- East, 198.53 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along the south line of the Access "Road. Harth 89--581-55- East, 421.22 feet; "thence Southeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of ...U02.33 feet and being subtended by a. chord ",htch ."'I)oe"ars South 69-.04'.58- East, 93.84 feet; .the'nce easterly 684.76 feet a,long the .arc of " circu1ar curve concave to the north having ~ r4d\u$ of 852.91 feet and being subtended by i 'chord Nhich bears North 8g.-S8'~55. East, 666.52 feet. thence northeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of 1302.33 feet and being subtended by a chord which bears Horth 69..02'-48- East. 93.84 feet to a point on the South line of ' the ACte,s Road; .. thence along.. the sout~ line of the Access Road tlorth 89..SS'.55".tast. 421.22 feet; thence sou th~es terly 494.69 feet a long the arc: of a circular curve concave to the south havings a rad1us of 1232.33 feet and being sub tended by a chord which bears South 78--28'-55- West 491.37 feet; thence westerly 740.96.feet along the ~rc of . circular curve,concave to the north. having ,.r&d1u5 f 922 91 feet and being sub tended by a chord ~h1ch ~ear5 South 89-.58'-55- West. 721.22 feet; thence westerl1,494.69 feet along the arc Of'llradius circular curve coneave to the south, hIY1R~ d which ~~a~;3~~~~hf~~!_~i~_~~!n~e:~b:~~~~~. ~~e~ ~oO~he potnt b ingO~ :~~~n:~~t~C\10R 33, Township 4' South, Range 26 e C 111 CDun t1 Flor1dil . East, 0 er ents' and restrictions of recQrd subje~t~to BlasS.7m.cres of land more or les$. conta.nlng . IlA EXHIBITS '"-''' ,:..................-..,- '. '."i"" .' o , ~fi . III L : '~. ..~ . _..JJl4 :.,;' . i1 ... '" . , . . . I . . 61/' d c00T ~s~ TpT6 T ~ VI>' :!7T TVlVI?-~Dl-()m.1 MEMORANDUM Date: December 4, 2003 To: Susan Murray, Project Planner Current Planning Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Carnival Permit 2003-08 Please find one copy of the above referenced document, Item #16A(11), approved by the Board of County Commissioners on Tuesday, December 2, 2003. If you have any questions, please feel free to contact me at: (774-8406). Thank you. Enclosure 16All ...... 16A 11 Permit No. 2003-08 PERMIT FOR CARNIV AL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Sandra Ramos, Program Leader, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida (Board), for a permit to conduct a carnival; and WHEREAS, Sandra Ramos, Program Leader, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a 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 Sandra Ramos, Program Leader, Collier County Parks and Recreation Deparment, has requested a waiver of the Surety Bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO SANDRA RAMOS, PROGRAM LEADER, COLLIER COUNTY PARKS AND RECREA nON DEPARTMENT, to conduct a carnival on December 13,2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") 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 2nd day of ~ 2003. ATTEST: DWIGHT K. ~~Q~K, CLERK " .:.' >, ;'/ . ,~~', "~ '; " . -,. BOARD OF COUNTY COMMISSIONERS COLLIER ?NTY, F ORIDA: ,.. I BY: --./'CJt-.-- TOM HENNING, CHAIRMA ~ Attest as to Ctiafrilan s s1~ture on1]. Approve~.<ls to Form and Legal SuffIciency: '""'-.../ ~ OI1'~I~t Marjo 1 M. Student Assistant County Attorney CARNY -2003-AR-5058sp Page 1 of 1 N~v 1~ 03 0~:30p CCPRD ~rty Information Report .j002 _ property Information Report 6575125 p. 12 ILIO NBR 00063857680102 ,OCK BLDG LOT UNIT 2 PARENT PARCEL /:~y.s.u.:.AL....J;L~ET LOCATION 0000000000000000 ~O~TH~~~~ IMMOKALEE TWP SECT STRAP ------ 46 33 520300 24 21E3 - 16Al1 RANGE 29 rSE CODE 83 CLASS CODE o MILL AREA 5 TOTAL 13.67 ACSC HDR REF FLAG [ORT LEGAL :~~RKET SUBD BLK 24 COM SW r~ BLK 24,N 762.44FT ALG E 'W CR TO PT ON ELY R!W OF ,ADES ST, CONT ALG E R!W N XTRA LGL CNT 10 mER NAME )LLIER CNTY mER ADDRESS 101 TAMIAMI TRL E ~PLES, FL99COX 341123969 PREVIOUS mmER ILL LEGAL DESCRIPTION ~RKET SUBD BLK 24 COM SW ~R BLK 24.N 762.44FT ALG E IW CR TO PT ON ELY R!W OF ~ADES ST, CONT ALG E R/W N f434.28FT TO POB EXHIBIT "A" .Ilier County ,-plus for Windows 95/98/NT Printed on 10/18/02 12:37:16PM Page 1 of 1 MEMORANDUM Date: December 4, 2003 To: Aaron Blair Urban Design Planner From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Resolution 2003-422 Please find enclosed a copy of the original document as referenced above, approved by the Collier County CRA on Tuesday, December 2, 2003 (Agenda Item #16A12) . If you should have any questions, please call me at: 774-8406. Thank you. Enclosure 16A12 16A12 RESOLUTION NO. 2003-~ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY RECOMMENDING THE RESCINDING OF THE $329,046 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING THAT WAS TO BE USED FOR STORMWATER MANAGEMENT AND INFRASTRUCTURE PROJECT ON LINWOOD AVENUE WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVLOPMENT AREA, AND THE TERMINATION OF THE CDBG AGREEMENT DUE TO THE INABILITY TO MEET THE HUD DEADLINE FOR THE EXPENDITURE OF FUNDS. WHEREAS, On December 13, 2001, the Bayshore/Gateway Triangle Local Redevelopment Advisory made a recommendation to the CRA that a CDBG grant be prepared and submitted to the Housing and Urban Improvement Department for stormwater improvements to the Linwood Avenue; and WHEREAS, On January 8, 2002, the Community Redevelopment Agency directed county staff to submit a Community Development Block Grant Application for a drainage project on Linwood Avenue in the Bayshore/Gateway Triangle Component Redevelopment Area to further promote redevelopment; and WHEREAS, on February 4, 2003 the Road Maintenance Department stated that the consultant for the Linwood project was going to make a recommendation not to proceed with the project due to a faulty design that would not provide adequate flood relief based on construction cost; and WHEREAS, shortly after this decision was made the project went back into redesign. Due to this error in design work an extension was requested by the CRA to extend the grant period an additional six months, from June 2003 to December 31,2003, this extension was granted; and WHEREAS, on September 26, 2003 the Road Maintenance Department made known that the redesign plans were 90% complete, and one outstanding issue remained that could delay construction, which was abandonment of the 6" force main that runs the entire length of the project; and WHEREAS, on October 23, 2003 the Road Maintenance Department stated that the Linwood project had encountered numerous setbacks, which would delay the construction indefinitely. The major issue affecting the project was the existing sanitary sewer force main in the right-of-way that services the Main County Government Complex; and WHEREAS, the Bayshore/Gateway Triangle Community Redevelopment Advisory Board recommends that the Collier County CRA approve the rescinding of the $329,046 Community Development Block Grant (CDBG) funding that was to be used for a stormwater management and infrastructure project on Linwood Avenue within the Bayshore/Gateway Triangle Redevelopment Area, and terminate the CDBG agreement due to the inability to meet the HUD deadline for the expenditure of funds; and Page 1 0[2 16A l~~ NOW, THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY OF COLLIER COUNTY, FLORIDA, that: The $329,046 Community Development Block Grant (CDBG) Funding that was to be used for a stormwater management and infrastructure project on Linwood Avenue within the Bayshore/Gateway Triangle Redevelopment Area is hereby rescinded, and the CDBG agreement is terminated due to the inability to meet the HUD deadline for the expenditure of funds. THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption this 2td day of ~~ , 2003. ATTEST Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA COMMUNITY REDEVELOPMENT AGENCY . .'P .. , .,,~w. ~ B~:~~~ Deputy Clerk Attest as to Chlfrlen's S~gA.~'.OIll. By: Fred Coyle, Chairman 12-Z~ Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 2 of2 Bayshore Bridge Beautification Phase 2 COLLIER COUNTY BID NO. 03-3572 COLLIER COUNTY, FLORIDA Design Professional: Kris Jain & Associates, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 03-3572 Bayshore Bridge Beautification Phase 2 1681 TABLE OF CONTENTS 16B1, A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT 0: Contractor Application for Payment EXHIBIT E: Change Order Form EXHIBITE1: Work Directive Change EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT G1: Certificate of Final Completion EXHIBIT G2: Warranty EXHIBIT H: General Terms and Conditions EXHIBIT H1: Dispute Resolution Procedure EXHIBIT H2: Maintenance of Traffic Policy EXHIBIT I: Supplemental Terms and Conditions EXHII3IT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans prepared by Kris Jain & Associtaes, Inc. and identified as follows: Bayshore Bridge Beautification Phase 2 as shown on plan sheets S1 through S4 03-3572 Bayshore Bridge Beautification Phase 2 1681 PART A - PUBLIC NOTICEI LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA Bayshore Bridge Beautification Phase 2 COUNTY BID NO. 03-3572 Separate sealed bids for the construction of Bayshore Bridge Beautification Phase 2, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building "G", Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 22nd day of October, 2003, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the Purchasing Department Conference Room, Purchasing Building "G" at 10:00 A.M. LOCAL TIME on the 1st day of October, 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 it's bid. ' Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Bayshore Bridge Beautification Phase 2, County Bid No. 03- 3572 and Bid Date of October 22, 2003". No bid shall be considered unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Proposal (TR-P-1 through TR-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined 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 $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue Ft. Myers, FL 33916 TR-PN-1 03-3572 Bayshore Bridge Beautification Phase 2 1681 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to 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 19th day of September 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Stephen Y. Carnell Purchasing/General Services Director TR-PN-2 03-3572 Bayshore Bridge Beautification Phase 2 PART B - INSTRUCTIONS TO BIDDERS 16B1 Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- P-1 to TR-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time., and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. -TR--J-B-1 03-3572 Bayshore Bridge Beautification Phase 2 Section 3. Bid Deposit Requirements 1681 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 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below --the signature. TR-IB-2 03-3572 Bayshore Bridge Beautification Phase 2 16B1 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of ProDosals 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. InterDretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. TR-IB-3 03-3572 Bayshore Bridge Beautification Phase 2 1681 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate Qnly. Payment for unit price items shall be based on the actual numbeLof units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR-IB-4 03-3572 Bayshore Bridge Beautification Phase 2 1681 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. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the _ County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-01999S-53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR-IB-5--- 03-3572 Bayshore Bridge Beautification Phase 2 16B1 Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as liThe Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and,e. immediate termination of any contract held by the individual and/or firm for cause. TR-IB-6 03-3572 Bayshore Bridge Beautification Phase 2 ~ COLLIER COUNTY GOVERNMENT 16 B 1 PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION GENERAL SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774-8965 FAX (239) 732-0844 www.colliergov.net ADDENDUM #1 DATE: October 15, 2003 TO: FROM: Interested Bidders James Albury CJi!r Purchasing Agent) I Addendum #1 - Bid #03-3572 "Bayshore Bridge Beautification Phase 2" SUBJECT: Addendum # 1 to Contract Documents for Bayshore Bridge Beautification Phase 2, Bid No. 03- 3572. TO ALL BIDDERS AND CONCERNED PARTIES Bidders and Suppliers submitting proposals for the above referenced project shall take note of the following changes, additions, deletions, clarifications etc. to the technical drawings and specifications which in accordance with contract documents shall become a part of and have precedence over any thing shown or described otherwise. Note: Bidders must acknowledge receipt of this Addendum on page TR-P-1 of the Bid Proposal. CLARIFICATIONS & REVISIONS TO TECHNICAL DRAWINGS & SPECIFICATIONS: DRAWINGS Drawino S2 A.1 Plan Keynote NO.18. Replace existing keynote about saw cutting median curb 3" deep with a note to read as "Drill 7/8" diameter drainage holes at 10 ft. o.c. through existing median curb, 4" above the roadway and stuffed with a Filter fabric." A.2 Bridge Plan: Omit keynote No. 18 from all but one place on either side of the median. Add note "at 10' o.c." 1 ~81 ! B.1 Detail Section E/S3. Replace note on waterproofing with a not~o Md as ~aterprOOfing with Protection Board and Miradrain G1 OOW, a geotextile drain. Typical on bridge deck under Paver sand bed layer." Drawing S3 If you require additional information to procedural matters please call James Albury, Purchasing Department at 239/774-8965 or bye-mail atJamesAlbury@collierQov.net. Technical questions need to be directed to Kris Jain at 239/262-4225. Thank you. Cc: Bob Petersen, Project Manager File BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1681 Bayshore Bridge Beautification Phase 2 BID NO. 03-3572 Full Name of Bidder THOMAS MARINE CONSTRUCTION, INC. Main Business Address 8999 High Cotton Lane, Fort Myers, FL 33905 _ Place of Business 8999 High Cotton Lane. Fort Myers, FL 33905 Telephone No. 239-337-0008 Fax No. 239-337-0099 State Contractor's License # CGC019275 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals. are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, 'including Addenda issued thereto and acknowledges receipt below: 1 10/15/03 Contractor's Initials ~:GL C-./ . Addendum Number Date Issued - 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 Jequirements of the Owner as therein set Jorth, furnish the Contractor's Bonds and In_surance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. . opm_-TR-p-1 - 03-3572 Bayshore Bridge Beautification Phase 2 BID SCHEDULE BAYSHORE BRIDGE BEAUTIFICATION - DECO HANDRAILS & SIDEWALK PAVERS 1681 Having visited and become familiar wIth the conditions at the project site and having carefully examined the bidding requirements, drawings and specifications, the undersigned proposes to furnish all materials, labor, equipment and incidentals to complete the entire work in accordance with the design documents, applicable codes and ordinances as follow. No. Item Quantity Unit Unit Amount Price 1. Deco Handrails, traffic barrier, wall 1 lS 290,440.00 sidewalk pavers demo work. all as & S1-S4 2. Additional cast-in-place COI1Ctelt: traffic 8 CY wall or footings. including reinforcing 6,960.00 steel, forming & finishing (when required and approved by the ineer Total Base Bid Price in words: TOTAL BASE BID PRICE $ 297.400.00 Two Hundred Ninety Seven Thousand,-Four Hundred and No , 100. TR-P-2 - 03-3572 Bavshore Bridee Beautification Phase 2 1681 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to. utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL 1. Concrete 2. Rebar 3. Epoxy and Sealers 4. Fasteners 5. Pavers 6. Miscellaneous Supplies MANUFACTURER Rinker Materials Rinker Materials Pilgrim Permocoat Red Head Krehling Industries Hughes Supply & K.C. Building Supply Dated 10/22/03 Thomas Marine Construction, Inc. ~-~'-~,idder Br-k--..:./ -<-<---- c~ TR-P-3 03-3572 Bavshore Bridee Beautification Phase 2 1681 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further . acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address Class of Work to be Performed Tincher Concrete 1. Barrier Wall 16900 Gator Road Fort Myers, FL 33912 2. NES Traffic Safety 3100 NW 7th Avenue Miami, FL 33127 MOT 3. u.S. Brick & Block 16277 S. Tamiami Trail Fort Myers. FL Pavers 4. Allied Testing 5300-A Lee Boulevard Lehigh Acres, FL 33971 Concrete Testing Gulfshore Site 5. Debris Removal Naples, FL 6. Cougar Cutting 6391 Arc Way Fort Mvers. FL 33912 Saw Cutting Dated 10/22/03 Thomas Marine Construction, Inc. C->~~dder BY: ~~__ (cC~ TR-P-4 -_________ 03-3572 Bayshore Bridli!;e Beautification Phase 2 1681 ~ '1 STATEMENT OF EXPERIENCE OF BIDDER .. The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Proiect and Location Reference 1. Livingston Road Bridge Widen. Steve Wagoner Collier County, FL Bonness, Inc. 2. Lakeland Ave. Road Construct. Collier County, FL Eddie Martin Collier County 3. Steve Roberts Special Br. Hardee County, FL Bryan Hunter Hardee County " 4. SR 80 Over Townsend Canal Andy Penney Hendry County, FL APAC-FL 5. Broken Back Bridge Wes Tanner Golden Gate (CR 876) APAC-FL 6. Golden Gate Boulevard Box Culv. Jim Stern Collier County, FL APAC-FL 7. US 41 Bridge Over Halderman Wes Tanner Creek Collier County, FL APAC-FL Dated 10/22/03 Thomas Marine Construction, Inc. ~r (' , L-t<.~ B : - - --..... <<- TR-P-5 03-3572 Bavshore Bridg:e Beautification Phase 2 1681 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Descriotion) 1. N/A Units of Measure (LF ,SY) Unit (Quantity) Unit Cost Extended Cost 2. 3. 4. 5. TOTAL $ 0.00 Failure to complete the above may result in the Bid being declared non-responsive. DATE 10/22/03 Thomas Marine Construction, Inc. Bidder L;;.~ BY: ------~ c~~ TR-P-6 - 03-3572 Bayshore Bridge Beautification Phase 2 16Bl~ '1 CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. - Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. If more space is required, please attach additional pages. Failure to provide the documentation requested above may result in the Bid being declared non-responsive. Thomas Marine Construction, Inc. Contractor -~ B~-~ c.~~ Date: 10/22/03 Its President .... ._.__TR-P-7 -. 03-3572 Bayshore Bridge Beautification Phase 2 16B1 Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: 5 % 0 f Bid Amoun t dollars ($ 14, 870. 00 ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within 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 Florida County of Lee Dean C. Thomas , being first duly swom on oath deposes and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Thomas Marine Construction, Inc. , also deposes and says that it has . examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are - true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of Thomas Marine Construction, Inc. and the full names of its officers are as follows: President Dean C. Thomas Secretary Gayle Clark Treasurer Gayle Clark Manager Dean C. Thomas TR-P-8 03-3572 Bavshore Brid~e Beautification Phase 2 1 r:"1 6b~ and it (does) or (does not) have a corporate seal. The (name) Dean C. Thomas is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken 2/24/ R2 , a certified copy of which is hereto attaohed (strikQ out this last sentence if not applicablo). (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) I The Bidder is an individua er a trade name, said trade name is -- , and if DATED 10/22/03 Thomas Marine Construction, Inc. legal entity Witness BY: Thomas Marine Construction, Inc. C:S=(T7~)~~. Signature Witness Pre'sident Title [Corporate Seal] TR-P-9 03-3572 Bayshore Bridge Beautification Phase 2 1681 · STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this 22 day of October ,2003, by Dean C. Thomas , as President of 'l'homas Marlne Constructlon, Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced N / A as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: DD020897 .' TR-P-10 03-3572 Bayshore Bridge Beautification Phase 2 16B1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Thomas Marine Construction, Inc. (herein after called the Principal) and Western Surety Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of South Dakota with its principal offices in the city of sioux Falls 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 Five Percent (5%) of Amount Bid ------------------- 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: Bayshore Bridge Beautification Phase 2 BID NO. 03-3672 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 fonn and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100%) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; - and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, riot as a penalty but as liquidated damages. ' · IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 22nd day of October , 2003. THOMAS MARINE CONSTRUCTION, INC. ~al By~J~ L -~~- (Seal) TR.-P-11' 03-3572 BaYshore Bridge Beautification Pbaso 2 1681 '', WESTERN SURETY COMPANY Surety L -~ "/" Wendy L. (Seal) Local Resident Producing Agent for '----~ --=-_. ";I; L. =-~ Countersigned Ja E. Woody, Lice sed Florida Resident Agent 239-275-8226 V~lpnti, Trnhp~ ~ Wonny 4110 Center Point Drive, Suite 215, Fort Myers, Florida 33916 TR-P-12 03-3572 Ba:ysbore Bridge Beautificatim. Phase 2 1681 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Western Surety Company Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jay E Woody, D A Valenti, Robert Trobec, Wendy L Hingson, Denise A Madden, S P Humenchick, Individually of Fort Myers, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2003. WESTERN SURETY COMPANY /Zt'TiZ/t! Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 20th day of June, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +~~~~~~~~~~~~~~~~~~~~~~~~+ ~ D. KRELL ~ I I $~NOTARY PUBLIC~~ I~SOUTH DAKOTA I I I +~~~~~~~~~~~~~~~~~~~~~~~+ ~ ~P"bli' My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 22nd day of Oc~ober , 2003 WESTERN SURETY COMPANY Cf ~~I~"'rewy Form F4280-0 1-02 16B1 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 1681 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. 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 Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <:>Bid Number; <:>project Name; <:>Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified ooenina 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 Thomas Marine Construction, Inc. c:y NarJ1e -k:-/~ ( ~/~ p:esident Signature & Title October 22, 2003 Date .-.-____._ TR-P-13 - 03-3572 Bayshore Bridge Beautification Phase 2 Oct-15-03 IZ:05 FrDl-Ccl li.r County Purchasin. 9Al 73Z 08AA T-5AZ P OOZ/003 F-811 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIvE SERVICES DIVISION GENERAL SERVICES BUILDING NAPLES. FLORIDA 34112 (239) 174-8965 FAX (289) 732-0844 1681 <<,~ '",;/1 1, . www.eolliergov.net ADDENDUM #1 DATE: October 15, 2003 SUBJECT: Interested Bidders James Albury c:e Purchasing Agerf)' Addondum #1 - Bid #03-3572 "Bayshore Bridge Beautification Phase 2" TO: FROM: Addendum #1 to Contract Documents for Bayshore Bridge Beautification Phase 2, Sid No. 03- 3572. TO ALL BIDDERS AND CONCERNED PARTIES Bidders and Suppliers submitting proposals for the abOVe referenced project shall take note of the following ct'.anges, additions, ce!e1ions, clari1lcatlons etc. to the ~echnical drawings and specifications which in accorcanca with contract doc'-lments shall become a part: of and !'-2ve precedence over any thing shown or desaibed otherwise. Ncte; 8idders must ackncwlec:;e receipt at this AdcenCLol'7' :n ;age TR-P-l OT :ne Bid : ~,,;~osaL CU.~lF1CA1jONS 3t. RS'lIs:cr;$ -:0 TECHNICAL CP.:'\W'i'\JGS &. SPEC;F!CA"'O~IS' :F:AWINGS Cr3'lI/jnq 52 t,. : Plan :<eynote ,\lc. 1.:;. ,~;:olace existing keyno(e;;t:G:'~( 3aw cutting median G:.lrb ,;" '~eep with a note to read as "Drill 7/8" diameter drainage holes at i 0 ft.. o_c. through existing median :;:;:..;,::.4" above the rcacw.~y :;;n~:;tuffed with a Filter "aorie." A.2 Bridge Plan: Omit keynote No. 18 from all but one pjace on either side of the median. Add note "at 10' o.c." ~ KC4J'" Sh,,..~ ' fe ~,~~ ~nv<--- ~ct-15-03 IZ:05 From-Col I ler County Purchailn. Drawino S3 B.1 Detail Section ElS3. Replace note on waterproofing with a note to read as "Waterproofing with Protection Board and Miradrain G100w, a geotextile drain. Typical on bridge deck under Paver sand bed layer.. 1 B 1 If you require additional intonnation to procedural matlers please call James Albury, 6 Purchasing Department at 239/774-8965 or bye-mail at James Alburv@collieraovnet. Technical questions need to be directed to Kris Jain at 239/262-4225. Thank you. 941 13Z 0844 T-54Z P 003/003 F-811 Cc: Bob Petersen, Project Manager File 1681 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Thomas Marine Construction, Inc. ("Contractor") of 8999 High Cotton Lane, Fort Myers, Florida 33905 a Florida corporation, to perform all work ("Work") in connection with Bayshore Bridge Beautification Phase 2, Bid No. 03-3572 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Kris Jain & Associates, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: two hundred ninety seven thousand four hundred dollars and zero cents ($297,400.00). TR-CA-1 03-3572 Bayshore Bridge Beautification Phase 2 1681 Section 4. Bonds. A Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by AM. Best Company, Inc. of 75 Fulton Street, New York, New York 1 0038. 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 owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial completion is further defined as that date the roadway is open for traffic and all pay items have been completed and accepted by the Owner except for thermoplastic striping, punch list items, street lighting and traffic signalization burn-ins. The work shall reach final completion and be ready for final acceptance by Owner within one hundred 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 time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, six hundred forty-four dollars and fifty cents ($644.50) 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 three hundred twenty-two dollars and twenty-five cents ($322.25), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it TR-CA-2 03-3572 Bayshore Bridge Beautification Phase 2 1681 may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete 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 six hundred forty-four dollars and fifty cents ($644.50) 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 three hundred twenty-two dollars and twenty-five cents ($322.25) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. TR-CA-3 03-3572 Bayshore Bridge Beautification Phase 2 16B1 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. Exh ibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit E1: Exhibit F: Exhibit G: Exhibit G1: Exhibit G2: Exhibit H: Exhibit H1: Exhibit H2: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Change Order Form Work Directive Change Certificate of Substantial Completion Form Final Payment Checklist Certificate of Final Completion Warranty General Terms and Conditions Dispute Resolution Procedure Maintenance of Traffic Policy Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by Kris Jain & Associates, Inc. and identified as follows: Bayshore Bridge Beautification Phase 2 plan sheets S1 through S4 TR-CA-4 03-3572 Bayshore Bridge Beautification Phase 2 Section 7. Notices 16B1 J 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: Bob Petersen, Project Manager Trans/Traffic Ops/A TM 2705 S. Horseshoe Dr. Naples, FL 34112 Telephone (239) 213-5871 Facsimile (239) 774-9370 E-mail: bobpetersen@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Dean C. Thomas, President Thomas Marine Construction, Inc. 8999 High Cotton Lane Fort Myers, Florida 33905 Telephone (239) 337-0008 Facsimile (239) 337-0099 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. TR-CA-5 03-3572 Bayshore Bridge Beautification Phase 2 Section 11. No Waiver. 1681 The failure of the Owner to enforce at any time or for any period of time anyone 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 Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any prOVISion of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR-CA-6 03-3572 Bayshore Bridge Beautification Phase 2 1681 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Thomas Marine Construction, Inc. 1'" <" f .,-. .,." " ",'" .,,-~- ,,', ,./. FIRST WITNESS B~ c*~ Gayle Clark TYP~t Name SEC D WITNESS Ke.v ll\ Sl-.I I'f\~ Type/Print Nam Dean C. Thomas. President Type/Print Name and title . !'.i 1; . , ,. >. . ~. l Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" .. .J ~ -: . . " ) \. ':'~...~ Date: ,/~ OWNER: \ ATTEST: BOARD OF COUNTY COMMISSIONERS OF ByC7:'g Tom Henning, Chairman , Dwight ~~roCk, Clerk / BY:~7'0"f " Attest as to Chat....~ S1g,ndturf 0011_ Approved As To Form and~y ~ Robert Zachary Assistant County Attorney tl~' f~ ~ ~_~:: . TR-CA-7 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT A PUBLIC PAYMENT BOND Bayshore Bridge Beautification Phase 2 Bond No. 929 233 647 Contract No. 03-3572 KNOW ALL MEN BY THESE PRESENTS: That Thomas Marine Construction, Inc. 8999 High Cotton Lane, Fort Myers, Florida 33905 , as Principal, and Western Surety Company , as Surety, located at 2600 Lucien Wa , Suite 130, Maitland, Florida 32751 (Business Address) are held and firmly bound to oa 0 0 mlnlSS~Oners, 0 ~er as Oblige in the sum of Two Hundred. Ninety-seven Thous~nd Four ~X2d~59c~RFars ($297: 400.00---- ) for the pay~ent whereof we bind ourselves, our heIrs/executors, personaF representattves, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2003, with Oblige for Bayshore Bridge Beautification Phase 2 in Naples, Florida accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1). Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract. then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 5th day of January 2003;1the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. TR-CA-A-1 03.3572 Bayshore Bridge Beautification Phase 2 Signed, sealed and delivered in the presence of: . 0;( Witnesses as to Principal STATE OF Florida COUNTY OF Lee PRINCIPAL 1681 THOMAS MARINE CONSTRUCTION, INC 0 ( .-J'~ The foregoing instrument was acknowledged before me this 6 day of January ~, 2004 bv Dean Co Thomas as President of Thomas Marlne cons"truc"tlOn, In~a' Florida corporation, on behalf of the corporation. HeJshe is personally known to me OR has produced N / A as identification and did (did not) take an oath. ../- .'"" B~-.-"~-"'~ NAME: Dean C. Thomas ITS: President My C '. Exp June?~ 2005 omrnlSSlOn ires: ~\\\\"lltT""111 lo.~"\!. ft\\{\d GaYle ~"'I.f. ~ r:,f":fP' ....... ",1'.. I ~ ~ ~ .~=u.\SSION ...~ ~ ~ ..~. J:-':-. ~ ~ .. CIa ~29,.;J",~.. ~""At..J1.E. ~ :~ ~ ~4J'~.. ~""'Vf . .:: .~ VI. - :*: ..... :*= - . . = : . . - ~ 1> .0 1OD020897 : ~~ ~ ;:;>0 e. A...__. . ..if!~ ~~.. ~~~.. ,.f..:~. ~ r .;;~~':'.. ~ ~ (AFFIX OFFICIAL SEAL) ~II:;:OliC:ST~~~"'~~ "'11/ "" I\~'\' ATTEST: Witnesses to Surety TR-CA-A-2 03-3572 BaysbOrc Bridge Beautification Phase 2 ..; Rosalind Gayle (Legibly Printed) Cl \ ," . ~ ;I Notary Public, State of Florida Commission No.: DD020697 SURETY: WP.~TRRN ~rmRTV nnMPn~ (Printed Name) 2600 Lucien Way, Suite 130 Maitland, Florida 32751 (Business Address (Authorized Signature) (Printed Name) 1681 , ) ~-=~/. c:--- OR 6~~ ~ ~-' As Attorney in ~----- (Attach Power of Attorney) /f~~ ,_.l) l( Witnesses Jay E. Woody, Attorney-in-Fact and Florida (Printed Name) Resident Agent 239-2'15-8226 Valenti, Trobec & Woody 4110 Center Point Drivel Suite 215 Fort Myers, Florida 33916 (Business Address) (2~9}275-8226 (TeJephone Number) STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this 5th day of January , 20~ by Jay E. Woody , as Attorney-in-Fact of Western Surety Company Surety, on behalf of Surety. He/Sfle is personally known to me OR has prOduced N/A as identification and who Q.jQ (did not) take an oath. (I') , n ..' _ MI27f6"Tc!~ion Expires: (Sign~~l(~ \w(~ kr<? .1/) ~~DD078D88 _ ..........--..., Name: Carey Roberts ~llf~ ExpIres December 16, 2OOl5 (Leg ibly Printed) (AFFIX OFFICIAL SEAL) . Notary Public, State of: Florida Commission No.: DD078988 TR-CA-A-3 03-3572 Bayshore Bridge Beautification Phase 2 Western Surety Compan~ 6 B 1 "'1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jay E Woody, D A Valenti, Robert Trobec, Wendy L Hingson, Denise A Madden, S P Humenchick, Individually of Fort Myers, FL, its true and lawful Attorncy(s)-in-Fact with full power and authority hereby conferred to sign, sell and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if s~ch instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2003. WESTERN SURETY COMPANY /2t'if~ Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 20th day of June, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +~~~~~~~~~~~~-~~~~~~~~~~~+ ~ D. KRELL ~ , , ~~NOTARY PUBLIC~~ ,~SOUTH DAKOTA , , , +~~~~~~~~~~~~~~~~~~~~~~~+ ~ ~'P"b1;' My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in [o1'ce. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of January , 2004 WESTERN SURETY COMPANY g. ~{~I'~"'~~ry Form F4280-01-02 1681 ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY Authorizing By-Law This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 16B1 EXHIBIT A PUBLIC PERFORMANCE BOND ,. Bayshore Bridge Beautification Phase 2 Bond No. 929 233 647 Contract No. 03-3572 KNOW ALL MEN BY THESE PRESENTS: That Thomas Marine Construction, Inc. , as Principal, and Western Surety Company , as Surety, located at 2600 Lucien Way, Suite 130, Maitland, Florida 32751 (Business Address) are held and firmly bound to Board of County Commissioners, Collier County, Florida I as Oblige in the sum of Two Hundred Ninety-seven Thousand Four Hundred Dollars and No/Cents----------------- ($ 297,400.00------) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2003, with Oblige for Bayshore Bridqe Beautification Phase 2, Bid No. 03-3572 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice af any such changes, extensions of time, alterations or additions to the tenns of the Contract or to work or to the specifications. TR-CA-A-4 03-3572 Bayshoi'e Bridge Beautification Phase 2 1681 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 5th day of January , 20031the 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: , C'~ Witnesses as to Principal PRINCIPAL --"'~.~ MARINE ~ION' INC. '=----~~~-- C - -~ NAME: \T8: Dean C. Thomas President STATE OF COUNTY OF Florida Lee The foregoing instrument was acknowledged before me this ~ day of January , 28~ 2004 ~ Dean C. Thomas . as President of omas Marlne Cons'truc't lon, lnc; a l"lOrlda corporation, on behalf of the corporation. He/she is personally known to me OR has produced N / A as identification and did (did not) take an oath. (AFFIX OFFICIAL SEAL) June 29, 2005(~~).:c04'3~ (:~,,~ ,,,,,\.,,, ""II, " - ,t""~~~~~~.~~t!~cZ+, Name: Rosa} ind Gayle Clark # ::'.~~~\SSION~.~ \, (Legibly Printed) :::: ".:...<3 s-e 29, <,,,- ~'. 'i. =: . ~ ..., "'OLf' -~ .. So _=*.: (I). - _. ..... :*i - . . .... ~ ~ \ 100020897 .: :!t'E ~;;.. . fL.. .. "(f!:S or: .~"".n. ))..~~ .- !Iii ~'ry...''':rF",~'"A~ #' ~ ~~ ........ (:1<."(:-# ""'" Zlc, ST~~ 'It.",~ "'''IIII1''''\\~ TR-CA-A-5 Notary pubnc, State of: Florj da Commission No.: DD020697 My Commission Expires: 03-3572 Bayshore Bridge Beautification Phase 2 1661 A TIEST: SURETY: WESTERN SURETY COMPANY (Printed Name) 2600 Lucien Way, Suite 130 Maitland, Florida 32751 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) ~ OR ~c~~ -= As Attorney i F ct ( (Attach Power of Attorney) , /,"r!.J1 C~IL~ Witnesses Jay E. Woody, Attorney-in-Fact and Florida (Printed Name) Resident Agent 239-275-8226 Valeoti, Trobec & Woody 4110 Center Point Drive, Suite 215 Fort Mvers, Florida 33916 (Business Address) (239)275-8226 (Telephone Number) STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this...2.t.b.. day of January , 200~by Jav E. Woody . as Attornev-in-Fact of Western Surety Comoanv Surety, on behalf of Surety. He/She- is personally known to me OR has produced N/A as identification and who difHdid not) take ~~~ (\ . {S~.L~ f~Vh~ My Commission Expires: 12/16/200S ~CareyRoberts · . My CommIIIlon 00078gee ~ tel EllJlinJs December 16, 2006 (AFFIX OFFICIAL SEAL) Name: Carey Roberts (Legibty Printed) Notary Public, State of: Florida Commission No.: 00078988 TR-CA-A-6 . 03-3512 BlI)'Sborc Bridge Beautification Phase 2 ACORQ.. CERTIFICATE OF LIABILITY INSURANCE D~~/~5;~~~Y;) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER FAX 239-275-8837 Valenti, Trobec & Woody, Inc. 4110 Center Point Dr, Suite 215 J Fort Myers, FL 33916 (239) 275-8226 INSURED Tomas Marlne Constructlon Inc 8999 High Cotton Lane Fort Myers, FL 33905 (239) 337-0008 J INSURERS AFFORDING COVERAGE INSURER A Transcontinental Insurance CO INSURERS American Casualty Co of Reading, INSURERC: Valley Forge Insurance Company INSURERD: Transportation Insurance Company INSURER E: Landmark Ameri can Insurance Comp ny NAIC# A 00218 COVERAGES - - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR k~~~~t!ll.o\T~D. NOTWITHSTANDIN ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO HI H I I BE ISSUED OR I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE S, E C S 6l.j~ANo" CONDiTIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .JJ~~: ~~?:~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 102 945 59 22 12/31/2003 12/31/2004 EACH OCCURRENCE $ 1,000,000 1 X COMMERCIAL GENERAL LIABILITY DAMAGE ;9,,~ENTED $ 50,000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000 A X Contractaul Liab PERSONAL & ADV INJURY $ 1,000,000 7 XCU Liab GENERAL AGGREGATE $ 2,000,000 .1 I-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 ~ POLICY m ~r8T n LOC AUTOMOBILE LIABILITY 102 945 59 36 12/31/2003 12/31/2004 COMBINED SINGLE LIMIT Y $ .1 ~Y AUTO (Ee eccident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY X (Per person) $ SCHEDULED AUTOS B 'X J HIRED AUTOS BODILY INJURY 'X (Per accidenl) $ NON-OWNED AUTOS Y Hired Phy Damage PROPERTY DAMAGE - (Per accident) $ J GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO EA ACC $ OTHER THAN AUTO ONL Y: AGG $ .1 EXCESS/UMBRELLA LIABILITY 102 945 59 53 12/31/2003 12/31/2004 EACH OCCURRENCE $ 1,000,000 ~ OCCUR o CLAIMS MADE AGGREGATE $ 1,000,000 D $ I f;i DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WC 202 288 92 60 12/31/2003 12/31/2004 I WC STATU- I X IOJ~- EMPLOYERS' LIABILITY 500,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ J OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 500,000 If yes. describe under E.L. DISEASE - POLICY LIMIT 500,000 SPECIAL PROVISIONS below $ OTHER 102 945 59 22 12/31/2003 12/31/2004 Leased/Rented Equipment JA ontractors Equipment Any One Item $400,000 Deductible 2% JESCRIPTlON OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS ollier County BacC is added as Additional Insureds with respects to work performed by our Insured 1n the following project: Bayshore Bridge Beautification Phase 2, Contract No. 03-3572. The insurance . videnced by this certificate shall be primary and non-contributory to any other insurance of the ertificate holder. Waiver of Subrogation on the Workers Compensation applies in favor of the rertificate holder. Umbrella coverage overides all other coverages shown on this certificate. .L Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY J \CORD 25 (2001/08) PORATION 1988 16B1 , " 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 WAIVE;D, subject to the terms and conditions of the policy, certain policies may require an end~rsement.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 (2001/08) 1681 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum - requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/Professional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the _ Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or ._ agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the.Contract Documents. TR-CA-B-1 03-3572 Bayshore Bridge Beautification Phase 2 j (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the com'pletion of the Work or termination of the Agreement, the Contractor/Consultant/Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. 1681 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes _ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers'Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee ~ $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. (check one) o Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) o Applicable X Not Applicable TR-CA-B-2 03-3572 Bayshore Bridge Beautification Phase 2 16B1 COMMERCIAL GENERAL LIABILITY Required by this Agreement? ..lL Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products/Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 -X- General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided __ under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be_ named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. TR-CA-B-3 03-3572 Bayshore Bridge Beautification Phase 2 1681 "' (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. (check one) D 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. (check one) D Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Mach.inery Insurance. The Qwner shall have the opJion of purchasing and_maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- contractors in the Work. TR-CA-B-4 03-3572 Bayshore Bridge Beautification Phase 2 16B1 (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and - any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. -- (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? -L Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor/Consultant/Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 -L Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/ Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any ."_ underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. TR-CA-B-5 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 2003 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2003, by ,~cl ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TR-CA-C-1 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contracto r' s Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to tbe CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By Design Professional : By OWNER'S Project Manager: TR-CA-D-1 03-3572 Bayshore Bridge Beautification Phase 2 (Signature) DATE: (Type Name and Title) 00 r;;l ;l ..J -< > r0- O r;;l ..J ;l i:::l r;;l :: v 00 "'"' "0 U ~ c: .~ o ~ 0 o i .~t: .__z 'U ... .0' .. w ~ ~ ... .r:> e ::l 0 Z E- <.> "0 o .. 0 '~~'5 ~o~ 16B1 w C) <C Z ~ W cr= w:I: u~ Zz ~u: <Co all- I-W zl- WW uii cr=:E Wo a.u 00 wI- ...J/jjClW <C wI- I-...Jcr=<( Oa.OO I-:EI- 0(1) UC/l (I) Cl...J W~ cr=cr= ow 1-1- (I)~ 0 t 0 Cl a:: w w I- a. W (I) ...J J: a. :E I- 0 U (I) ~ ::l...J cr= Qa. 0 >a. ~ ~<( .J. a. 0 w ...JW ::l::l O...J W<( :I: > (.) (I) z 0 ~ a. a:: en (.) ..J (I) _. - ~ W Cl 0 I- ... - _. --._'- r- cr= :EW wal I-:E -::l z N I Q I <( (.) I ~ I- N v ffl <C ..c: i:l. I:: .9 ..... <C U '-= -g --<C V ~ Q.) OIl "0 .;:: ~ Q.) ... o -5i >. <C ~ N ----~. V"\ M I M o 16B1 EXHIBIT E CHANGE ORDER CHANGE ORDER NO.: CONTRACT NO.: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: For the (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now () calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. By: By: CEI PUED By: By: CONTRACTOR T.E.C.M. DIRECTOR By: By: PROJECT MANAGER BOARD OF COUNTY COMMISSIONERS . ..u.__. OF COLLIER GOJ.JNTY, FLORIDA TR-CA-E-1 03-3572 Bayshore Bridge Beautification Phase 2 -(i) 16B1 4 Exhibit E-1 Transportation Engineering & Construction Management Department WORK DIRECTIVE CHANGE PROJECT NAME: GOLDEN GATE PARKWAY PHASE II (LIVINGSTON RD. TO SANTA BARBARA BLVD.) CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners ..... ........... ............... ....... ........... ..... . . . ....... . ... . ... .... ... .... ... ... . . . .. . . .. . .. .. .... . . .... ... .. .... . . .. . ....... .. . . ... ..... .. . ......... ... .. .. .. .. .. . . . ... P R OJ E CT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change( s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: D Unit Prices D Lump Sum D Other Method of determining change in Contract Times: D Contractor's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ RECOMMENDED: By: ACCEPTED: By: Estimated change in Contract Time: Increase or decrease by calendar days. AUTHORIZED: By: Engineer/Consultant Contractor TR-CA-E-1-1 Owner's Representative 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-0 (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-F-1 03-3572 Bayshore Bridge Beautification Phase 2 1681 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2003 OWNER By: Type Name and Title _ TR-CA-F-2 03-3572 Bayshore Bridge Beautification Phase 2 Bid No.: Contractor: 16~ ',..... bl EXHIBIT G FINAL PAYMENT CHECKLIST Project No.: Date: ,2003 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: YES NO Final Contract Amount: Calendar Days. Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By__Contractor: (Company Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) TR"CA-G-1 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT G1 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-G1-1 03-3572 Bayshore Bridge Beautification Phase 2' 16B1 << The following warranty is attached to and made a part of this Certificate: EXHIBIT G2 Executed by Design Professional on ,2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on ,2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on ,2003 OWNER By: Type Name and Title TR-CA-G1-2 03-3572 Bayshore Bridge Beautification Phase 2 EXHIBIT G2 1681 WARRANTY In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATE SEAL BY: Attest: TR-CA-G2-1 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIG~ TION AND UTILlTIE$." 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR-CA-H- t 03-3572 Bayshore Bridge Beautification Phase 2 16bl climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 7:00a.m. to 6:00 p.m., Mon-aay through Saturday, except for County Holidays. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR-CA-H-2 03-3572 Bayshore Bridge Beautification Phase 2 1681 4. PROGRESS PAYMENTS. 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material-men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. I n the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. TR-CA-H-3 03-3572 Bayshore Bridge Beautification Phase 2 ' 1681 .. Owner shall retain ten percent (10%) of the gross amount of each monthly pay~ent request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. 4.5. Collier County shall reserve the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the County's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.7. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued arid Owner may withhold any payments otherWise due Contractor uri-der this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR-CA-H-4 03-3572 Bayshore Bridge Beautification Phase 2 1681 ' 1 (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non- liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any d~!ay in the delivery of suph materials and the ins!allation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR-CA-H-5 03-3572 Bayshore Bridge Beautification Phase 2 1681 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 (3D) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be-evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR-CA-H-6 03-3572 Bayshore Bridge Beautification Phase 2 1681 guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4. The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by ___Contractor to Owner p~rsuant to the ContractJ?ocuments. TR-CA-H-7 03-3572 Bayshore Bridge Beautification Phase 2 16,r"1 8.2. Contractor shall maintain in a safe place at the p70j~t 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. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR-CA-H-8 03-3572 Bayshore Bridge Beautification Phase 2 1 ,- ~ 6 L J enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issiJed and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on thi~_ matter it might otherw!~e have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR-CA-H-9 03-3572 Bayshore Bridge Beautification Phase 2 16 !'1 .", oil:.:' ... " and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure in Exhibit H 1. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. TR-CA-H-10 03-3572 Bayshore Bridge Beautification Phase 2 12. OTHER WORK. 1681 ~.~ 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work p~.rformed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any .- TR-CA-H-11 03-3572 Bayshore Bridge Beautification Phase 2 16B1 Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor I Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit 8 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit 8. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not.assign this Agreement.or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR-CA-H:-:l2___ 03-3572 Bayshore Bridge Beautification Phase 2 17. PERMITS, LICENSES AND TAXES. 16 P1. ~... 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontrags and purchase ordE~rs, and complete allQr any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR-CA-H-13 03-3572 Bayshore Bridge Beautification Phase 2 1681 ~ ~ 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less--than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR-CA-H-14 03-3572 Bayshore Bridge Beautification Phase 2 16B1 .f't i: exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payme,:!t. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR-CA-H-15 03-3572 Bayshore Bridge Beautification Phase 2 .. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 1681 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material-men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to payor to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulatf6ns.---.' 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR-CA-H-16 03-3572 Bayshore Bridge Beautification Phase 2 .... 1681 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 Inspection, testing or approval of any portion of Work that is required by (i) any applicable codes, laws, ordinances, rules or regulations of any public authority other than Collier County, or (ii) permits issued by any public authority other than Collier County, shall be arranged by Contractor, at Contractor's expense, without right of reimbursement from Owner. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. Contractor shall provide Owner with the required certificates of inspection, testing or approval. Other inspection, testing or approval of any portion of Work, that is required by (i) the Contract Documents, (ii) codes, laws, ordinances, rules or regulations of Collier County, (Hi) permits issued by Collier County, (iv) the Project Manager or (v) the Design Professional, shall be conducted by Owner or a person designated by Owner and shall be accomplished at Owner's or such person's expense. Contractor shall cooperate with such process. If the Work fails the inspection, test or conditions of approval, then Contractor shall promptly correct the deficiency at Contractor's cost, without right of reimbursement from Owner, and shall notify Owner when the Work is ready for re- inspection, re-test or re-approval. Owner shall charge Contractor the cost of re- inspection, re-test or re-approval, including but not limited to fees and charges of professional service providers. 22.3. If any Work that is to be inspected, tested or approved is covered without prior written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, and replaced if necessary, at Contractor's expense without right of reimbursement from Owner. If, however, Contractor had given Project Manager timely notice of Contractor' intention to cover the Work and Project Manager had not responded after a reasonable period of time, then Owner shall bear such expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contrac_tor's obligations to p~rform the Work in accordance with the Contract Documents. TR-CA-H-17 03-3572 Bayshore Bridge Beautification Phase 2 1681 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 any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.3. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.4 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. TR-CA-H~1JLu 03-3572 Bayshore Bridge Beautification Phase 2 1681 All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage. If Contractor or anyone 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 d-amage shall be deducted from any amounts due Contractor. TR-CA-H-19 03-3572 Bayshore Bridge Beautification Phase 2 1681 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from, Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. __. _-0- 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: TR-CA-H-20 03-3572 Bayshore Bridge Beautification Phase 2 1681 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. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County '-has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completionltermination of agreement. TR-CA-H-21 03-3572 Bayshore Bridge Beautification Phase 2 31. MAINTENANCE OF TRAFFIC POLICY 1681 ... " 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 (OS), 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 (choose one) Bid/RFP/Agreement which shall take precedence over other conditions and terms of this (choose one) Bid/RFP/Agreement where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the -'County's certificate or exemption number.-the Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: TR-CA-H-22 03-3572 Bayshore Bridge Beautification Phase 2 1681 ...... A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County- furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. 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. TR-CA-H23 03-3572 Bayshore Bridge Beautification Phase 2 EXHIBIT H1 COLLIER COUNTY AL TERNA TIVE DISPUTE RESOLUTION PROCEDURES 1681 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. 2. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[ s] as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim. must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. TR-CA-Hl-l 03-3572 Bayshore Bridge Beautification Phase 2 16B1 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator deternllnes 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 Gate 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, TR-CA-Hl-2 03-3572 Bayshore Bridge Beautification Phase 2 the arbitrators selected may continue the matter in 7-calel,Q alents. A request tor 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: Counselor 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 exanlination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severab Ie parts of a claim may be deah 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. TR-CA-HI-3 03-3572 Bayshore Bridge Beautification Phase 2 , '''Bl: A stenographic record of any hearings by a Certifie~o~Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. a. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7 -calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each 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 counselor 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. TR-CA-HI-4 03-3572 Bayshore Bridge Beautification Phase 2 1681 ~1 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that. if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the pr<~ject. the CEl 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 hislher ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. TR-CA-HI-5 03-3572 Bayshore Bridge Beautification Phase 2 11. MISCELLANEOUS PROVISIONS: 16B1 a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing(s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. TR-CA-HI-6 03-3572 Bayshore Bridge Beautification Phase 2 TIME CHART FOR DRP: 1681 Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice ofClaim,[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. TR-CA-Hr:r-- 03-3572 Bayshore Bridge Beautification Phase 2 1681 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Claim No. Vs. Respondent NOTICE OF CLAIM Claimant, , hereby notifies Respondent of its Claim and requests the institution of the Collier County Alternative Dispute Resolution Procedure. Name of Project: Date of Contract: Date Claim: Summary of the Claim: Estimated Amount of Claim: Date: Claim Filed by: TR-CA-HI-8 03-3572 Bayshore Bridge Beautification Phase 2 16B1 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Claim No. Vs. Respondent REQUEST FOR ARBITRATION Claimant, , hereby requests negotiation of the above-referenced Claim. Name ofProiect: Date of Contract: Party Requesting Negotiation: Date: Received by: Date Request Received: Comments: TR-CA-HI-9 03-3572 Bayshore Bridge Beautification Phase 2 16B1 COLLIER COUNTY AL TERNA TIVE DISPUTE RESOLUTION CLAIM FORM Claimant Claim No. Vs. Respondent REQUEST FOR PRE-SUIT MEDIATION Claimant, referenced Claim. , hereby requests PRE-SUIT MEDIATION of the above- Name ofProiect: Date of Contract: Party Requesting Arbitration: Date: Received by: Date Request Received: Comments: TR-CA-HI-IO 03-3572 Bayshore Bridge Beautification Phase 2 1681 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Claim No. Vs. Respondent REQUEST FOR NEGOTIATION OF CLAIM Claimant/Respondent CLAIM BY THE PARTIES. , hereby REQUESTS NEGOTIATION OF THE Name ofProiect: Date of Notice of Claim: Date of Request for Negotiation of the Dispute: Comments: Signed: TR-CA-Hl-ll 03-3572 Bayshore Bridge Beautification Phase 2 16B1 EXHIBIT H2 MOT POLICY OFFICE OF THE COUNTY ADMINISTRATOR ADMINISTRATIVE PROCEDURE eAA INSTRUCTION: 5807 Effective Date: March 13, 2000 (Revised: July 24th, 2001;October 1,2001) Subject: Maintenance of Traffic (MOT) Policy 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 certiffcation, has obtained tile knowledge, compete-ncy, 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. TR-CA-H2-t 03-3572 Bayshore Bridge Beautification Phase 2 16B1 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). Contractor - For all purposes associated with this policy, the term "contractor" shall refer to any and all contractors and/or their respective sub-contractors, working for Collier County, contractors working for developers, utility companies and any and all sub-contractors working for any of the above-mentioned parties. Downstream (Trailing) Contractor - Shall mean the contractor at the Terminating end of a multiple contractor work zone (MCWZ). Joint Maintenance of Traffic Plan (JMOT) - Shall be similar to the standard MOT Plan Form except that the JMOT shall clarify exact roles in the Multiple Contractor Work Zone (MCWZ), such as Upstream, Middle and Downstream contractors (See attachment # 3). Lane Closure - For all purposes associated with this policy, the term "closure" or "closures" shall refer to any closing of a Collier County Roadway, Street, sidewalk, median or bike path. Mainstream (Middle) Contractor(s) - Shall mean the contractor(s) located in between the Upstream and Downstream Contractors involved in a Multiple Contractor Work Zone (MCWZ). Maintenance of Traffic Plan (MOT Plan) - Shall mean a form used to describe, in detail the exact location, date, and setup criteria needed and used in conjunction with any "work zone" deemed necessary within a Collier County Right-of-Way (See attachment # 4). Multiple Contractor Work Zone (MCWZ) - Means any "work zone" that may require two or more contractors to work within 300 feet of one another within the same Collier County Right-of-Way. Right-of-Way(s) - Shall mean any Collier County Roadway, Median, Bike Path, Sidewalk and/or any distances from the edge of these surfaces as established by Collier County. "Shall" or "Must" - These terms, when used are defined as meaning mandatory. Upstream (Leading) Contractor - Shall mean the contractor in the leading position of the Multiple Contractor Work Zone (MCWZ). TR-CA-H-2-2 03-3572 Bayshore Bridge Beautification Phase 2 16b1 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 I Non-Serious - The existence of any condition or practice, which has the potential to create traffic flow problems, minor visibility issues, etc., but is not serious enough to warrant a stop work condition. 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. TR-CA-H2-3 03-3572 Bayshore Bridge Beautification Phase 2 B. Contractor Requirements (External): 1. Each contractor shall maintain at least one employS Ltg. it has obtained a Work Zone Traffic Control Safety Certification fr~~~rnational 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 (239) 774- 8461. Risk Management Fax #: 239-774-8048 Att: Safety Engineer 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 initiaLpermit request. Plannina Services Fax #: 239-643-6968 Permittina Trans. Operations Fax #: 239-659-5787 Superintendent Att: Riaht-of-Wav Att: Riaht-of-Wav TR-CA-H2-4 03-3572 Bayshore Bridge Beautification Phase 2 16131 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: 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. TR-CA-H2-5 03-3572 Bayshore Bridge Beautification Phase 2 h. c. Such notifications must be made at least 5 wli.t>l1Jr,rior to ~e 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 emere:ency. are authorized without the prior approval of Collier County Risk Manae:ement. the Transportation Operations Director or an appointed desi2nee. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Transportation Operations Director or an appointed designee shall be made as soon as practicable (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County Risk Management, the contractor shall provide MOT Plans at any time during the project. In the event that the approved MOT plan is not being tQllowed, the contractor. must immediately eli/JJinate 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. 03-3572 Bayshore Bridge Beautification Phase 2 TR-CA-H2-6 C. Multiple Contractor Work Zones (MCWZ): 16B1 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 hanns way due to the existing setup. c. Should such a r~.9.uest be made and deeme~ necessary, all contracto~ shall share responsibility as described in this section (B)(2). Revisions/additions to the MCWZ shall be noted on the JMOT. These revisions are not required to be forwarded to Collier County Risk management or the Transportation Operations Director. TR-CA-H2-7 03-3572 Bayshore Bridge Beautification Phase 2 1681 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. TR-CA-H2-8 03-3572 Bayshore Bridge Beautification Phase 2 d. If the work cannot be performed without closing all traffic 1].,Q. 61s longer than five (5) minutes at a time, provisions must be made to maintain access to all developed properties. Access may be by properly signed and/or marked detours or other approved methods. 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. f. 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): 1. 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: . TR-€A-H2-9 03-3572 Bayshore Bridge Beautification Phase 2 168'1 a. Inspectors will locate the individual in charge of the project in question. Inspectors shall present proper identification (Collier County work Zone Safety Inspector ill), 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 greater threat to public safety, the inspector shall notify the Collier County Sheriff's 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 Manag~ment 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. TR-CA-H2-10 03-3572 Bayshore Bridge Beautification Phase 2 16B1 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. e. Risk Management's decision for corrective action, based on the existing and/or potential work zone hazards, shall be fmal. 4. Contractor/department work zone files will be maintained in Collier County's Risk Management office. These files shall be inspected monthly for compliance. Contractors/ departments with multiple "negative" inspection reports shall be contacted by Risk Management and a mandatory review meeting will be scheduled. Failure to attend this meeting may result in loss of additional contracts and/or notification to directors and administrators of existing problems. Review meetings will be conducted as follows: 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. TR-CA-H2-11 03-3572 Bayshore Bridge Beautification Phase 2 1681 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). CURRENCY: The Risk Management Department is responsible for maintaining the currency ofthi& instruction. JAMES MUDD County Manager TR-CA-H2-12 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 03-3572 Bayshore Bridge Beautification Phase 2 TR-CA.I~1.._ 1681 EXHIBIT J TECHNICAL SPECIFICATIONS ALL TECHNICAL SPECIFICATIONS, DETAILS, COMMENT AND NOTES ARE ON PLAN SHEETS S1 THROUGH S4 TR-CA-J-1 03-3572 Bayshore Bridge Beautification Phase 2 03-3572 Bayshore Bridge Beautification Phase 2 1681 EXHIBIT K PERMITS TR-CA-K-1 EXHIBIT L PLANS AND SPECIFICATIONS PREPARED BY KRIS JAIN & ASSOCIATES, INC. AND IDENTIFIED AS FOLLOWS: BAYSHORE BRIDGE BEAUTIFICATION PHASE 2 AS SHOWN ON SHEETS S1 THROUGH S4. 1681 TR-CA-L-1 03-3572 Bayshore Bridge Beautification Phase 2 MEMORANDUM Date: December 12, 2003 To: Barbara Lee Transportation/Road Maintenance From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Adopt-A-Road Program Agreements Enclosed please find seven (7) documents as referenced above (Agenda Item #16B3), as approved by the Board of County Commissioners on Tuesday, December 2,2003. If you should have any questions, please call me at 774-8406 Thank you. Enclosures 1683 1683 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this 2ri.day of ~,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, ELIZABETH CARR, ACUPUNCTURE (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 tu 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 AIRPORT-PULLING RD. to LIVINGSTON RD.and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: l. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway seclion. 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. 1683 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 \NCar 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. 1683 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 GOLDEN GATE PARKWAY from AIRPORT-PULLING RD. to LIVINGSTON 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 it's officers. agents and employees from any claim, los~, 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.Eo Bl~OCK, Clerk "'. : ~'-':':.\~ i';.~ BOARD OF COUNTY COMMISSIONERS OF COLLIER ~OUNTY, FLORIDA By;' ~-;. 'Deputy Clerk-_ .... ," k. By -<"- >'. ~ f'") ~.~st ..~ CItIf"'S s f~a~~~f ,_J,. 16B3 GROUP: ACUPUNCTURE rl.twJ~1 GRO.-U~; ~LIZ~BEPtCARR, BY: L{~11 ~ W2M':bE1}( C~ ,President -EL- Gro.up's pres~e~" (~rint) 17 -A~ (111 f\/~'K GrOU~'~A(~:n~~^-RoafJhajliman (print) :_J2.-- '-JU 111- c; 1- l+= LA) ~ GrouJ?'s AdoJJt-A-Road Chairman's A<<lQress 3q. .lS~ O. <g (Q ~'0 '~)Cf.tg~ () -g, Co'\j one # (day) Phone # (night) Approved as to form and/egal sufficiency: cqu line Hubbard Robinson sistant County Attorney '-+0 ckOvn~ NQV.I~ ~' q;;'5- sf!! A-I{~ SQP~ NIJvf ft-s , 11.- :s L( , 02- 1683 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this M.ay OV::YC-k'M ~q' ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, BENTLEY VILLAGE (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 V ANDERBIL T DRIVE from WIGGINS PASS ROAD to BONITA BEACH 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 (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. 1683 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 involve<L 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 circunlstances, 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. 1683 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 Wiggins Pass Road to Bonita Beach 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 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 \vhcther 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 provisl{Jn for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of C()!licr County, and its offic,crs, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for a.'1y 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: DWI~~ ~~OCK, Clerk .~:')" ~.>~,~.....;:..~.t- ~~ .... ' By~~'.""""'" k :;. '~'-l'- :;_' DtPilty. ,,;v ~It ~i'\\" '::? '. .t~~. '''t~f'''' s ~.....,~~ I. / . , , ",.... ~ '.. , . ,. BOARD OF COUNTY COM..\USSIONERS :: COL::ZO~TY. FLORl~A TOM HENNI loB) GROUP: ENTLEY VILLAGE ~. IV- C Group's President (print) :3; " G;u 1-I1-/1e. JJ y. /'[..IIJr.r,)q: 1 C/ 110 Group's Adopt-A-Road Chairman" (print) Col-'V i1-f..j:J IJ1 ' CL /1 fLJi:: Group's Adopt-A-Road Chairman's Address F96-7Qq...3 '?1t-7CJq.-3 Phone # (day) Phone # (night) Approved as to form and legal sufficiency: fL" ~Lv ~~~ ~'~Yv J quehne Hubbard Robinson A istant County Attorney 1683 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ~day of NO\! ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, STONEY'S CITRUS FARMS (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 J&C BLVD. to VANDERBILT BEACH 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 tlmes be at least one person 18 years of age or oider 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. 1683 II. 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. IS. 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 safelY 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 tIle 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: l. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the tIlled 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 oflitter. 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. 1683 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 AIRPORT-PULLING RD. from J&C BLVD. to V ANDERBIL T BEACH RD. and the GROUP accepts the responsibility of picking up litter on this section ofroad 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 its otlicers, 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 trom 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.BRQCK, Clerk ~ . " # [.:~: r;.'O ", .r ..-..'"' ..'".... BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:~~~>r.(m~j'~~ ~: . Deputy Cmrk -. Af;.st IS to:~'frun' S s 1 gAt,tu.fo'~.. ~ ~ 1;1 '.' By 1683 GROUP: GROUP STO~E~C~~F~RMS BY: '%.1-""""'1 " ~~ j) 1 ) ,President i!r-i. I;I/V' ^ , /, /6 tV i F T Group's President (print) j(EL//jAJ j(. Klett-'itT Group's Adopt-A-Road Chairman (print) JOt... 71 FRu, TFUL D~., C.s Ie !t?c>) FL Group's Adopt-A-Road Chairl!lan's. Address J!iD.- 3i 4"7 41'S. ~~ i{~b Phone # (day) Phone # (night) Approved as t,o for~. and legal s~iency: cu.~ vJ~ . ~ ~1~ cque ine Hubbard Robinson ssistant County Attorney 1683 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this 2nLday of ~ ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group. NEIGHBORS OF SUNSET EST A TES (hereinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-tree 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 POLLY AVE from RATTLESNAKE-HAMMOCK to SUNSET BL VD.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] 8 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. 1683 II. 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 ofrecyclable 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 (l) 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. 1683 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 POLL Y AVE from RATTLESNAKE-HAMMOCK to SUNSET BLVD. 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 J, 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 it's 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 GROU P 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 BOARD OF COUNTY COMMISSIONERS OF COLLI/C:UNT ,FLOR~DA By ,J11t TOM HENNING, Chairm IZ-2..o~ , {~.,- l........ '" \y By:i~'i~k ;' Deputy C~rk ~..... " .~ ,~t*'st as t6 Cba 1 ru.n · s S19fl.atUf,f O,Rly. 1683 GROUP: \=. L3'--{ \ lc Approved ~s to form and legal ~~eney: ~ - ,,~ . S~h a quel ne Hubbard Robinson s istant County Attorney 1683 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ~day of ti/h'/(,dl ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, LORI YOUNG, SOUTH BAY REALTY (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 AIRPORT ROAD from CLUBHOUSE DRIVE to J & C BLVD. 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. 16B3 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. 1683 GROUP: GROUP: LORI YOUNG, SOU REALTY BY: L ~ h YC.\N L . LJ . c (C. ! C '.A'-:~ Group's President (pnnt) Lc e " '.,1,'v.. .~ Group's Adopt-A-R d Chairman (print) . Jr'-- S~ A,j 'I,' " "l' l.J~ ~ 1\) ':... kJ F L Grou.fs Adopt-A-Road Ch~i n's Ad c.:,r-7 - ,J-/,! (,.., S 9 -c.:l.71! Phone # (day) Phone # (night) Approved as to form and legal ~ciency: , ~~ . ~~~-- cque ine Hubbard Robinson sistant County Attorney 1683 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, V ANDERBIL T BEACH REALTY (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 GULF SHORE DRIVE from V ANDERBIL T BEACH ROAD. to BLUEBILL A VENUE 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. 1683 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 ofthis Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. 1683 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 Gulf Shore Drive from Vanderbilt Beach Road to Bluebill Avenue 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 L 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: ATTEST: DWIGllltE~~QCK, Clerk , .,' \ L BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA BY~~"~ ~c: :.:;., Deputy CIerk I Atta~,ls..to~ 1....... s s1gnaWt:f,0t\1'y. By 1683 GROUP: L _ ffitl/(f r(. V~k.7 FL ss ~ 'f I CI jJ ~~C:L Approved as to form and legal sufli~cy: fL.c~ 0 t<l ~/ b ~ {e-h -y-.... quel ne Hubbard Robinson Assistant County Attorney 1683 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, WIGGINS LAKES & PRESERVE HOMEOWNERS (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 WIGGINS PASS RD. from US41 to CR901and 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 1 g 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. 16B3 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 ofthe 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 ~Ol1tacted 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. 1683 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 WIGGINS PASS RD. from US41 to CR901 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 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: ATTEST: " . , DWIQHT E:Jl'ROCK, Clerk '~ ' -- . ." BOARD OF COUNTY COMMISSIONERS OF COLLIE COUNTY, FLORIDA \:~: ) By~~'~K .: - Deputy Clerk " Att...t as to Chl1rau's signatUre :0111,. By .. 1683 GROUP: HOMEOWNERS GROUP WIGGINS LAKES .-;.~ ~. . J PRESERVE c .. ,President ?Aft~Cli /; jt10E~)JIl7t. . Group's President (print) /~t 0 /7-&) r,jER, Group's Adopt-A-Road Chairman (print) 77~ ~&t~;;"/f Lff ,it j},i>IVI' -:;1J:")?7J Group's Adopt-A-Road Chairman's Address 3"9' S7-.) 7~7 ( !lJn(.., Phone # (day) Phone # (night) BY: APprove~ as to form. and legaljfficiency: 'f, ':'1 <.--Ct.u ~ ~ i. ~'- ct (. ~,~,-- . acq eline Hubbard Robinson ssistant County Attorney ... Retn: *** 3305652 OR: 3455 PG: 2347 **\IC PBI CLIRK TO THI BOARD RICORDID in the OPPICIAL RICORDS of COLLIIR COUNTY, PL COPIIS IHTIROPFICB 4TH FLOOR 12/04/2003 at 09:49AM DWIGHT I. BROCK, CLIRI BIT 7240 RESOLUTION NO. 2003 - 423 6.00 1.00 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 16Gl WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 104854 This Resolution adopted thisZrd day of ~ ,2003, after motion, second. and majorijy vote ATTEST: DWIGHT E. BROCK, CLERK l3Y:~ 'c:t-'~~ k Attest as' to- Cha 1 run $ , sigRature 0Il1". Approved as to form and Ie 'Ie ~ BOARD OF;!O NTY CO MISSIONERS COLLIER CO TY, F IDA o BY: ~ ~ TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 77310440008 *** 3305653 OR: 3455 PG: 2348 *** RICORDID in O"ICIAL RICORDS of COLLIIR COUIf!, PL 12/04/2003 at 09:49AM DWIGHT I. BROCI, CLIRI RIC PII 6.00 COPIIS 1.00 Retn: CLIRI TO THI BOARD IHTIRO"ICI 4'H 'LOOR BIT 72 40 16Cl -. SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D 2436 Outrigger Lane Naples FL 339420000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT 3 BLK1 LOT 13 OR 1151 PG 417 Folio No. Project No. Account No. 77310440008 60000 104854 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this ~ction of Lien, by action of the Board this 2id day of f'~ ~ 2003. ATTEST: DWIGHT E. BROCK, CLERK '),4 "~~~~ By: TOM HENNING, HAIRMAN ApprcJJdJft~"~Ja · and legal 'ciency ~ RESOLUTION NO. 2003 - 4? 4 16C2 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 148302 This Resolution adopted this 1rd day of ~ , 2003, after motion, second and majority vote. . 1_: :0~. ATTEST:,,,>'" DWIGHi:'E. .8 ROCK, CLERK ~l{~~~:J~, tt Attest as to Chairlaft S stClllturl on 11 . ApP"oved as to form and leg f' ~ ~ BOARD O%:F C NTY C MMISSIONERS COLLIER C NTY, F. RIDA BY: ..-. TOM HENNING, CHAIRMA *** 3305654 OR: 3455 PG: 2349 **~ RBCORDBD in OPfICIAL RBCORDS of COLLIBR COURTY, fL 12/04/2003 at 09:49AM DWIGHT B. BROCI, CLBRI RBC PlB 6.00 COPIBS 1.00 ( David C. Wei County Attorney Retn: CLBRI TO THI BOARD INTBROFfICB 4TH FLOOR BIT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 *** 3305655 OR: 3455 PG: 2350 *** RICORDID in O!!ICIAL RlCORDS of COLLIIR coum, lL 12/04/2003 at 09:49AM DVIGH! I. BROCK, CLI!I RlC 01 6.00 COPIBS 1.00 Retn: CLIRI TO THI BOARD INTllOllICI 4TH lLOOR lIT 7240 16C2 Property Folio No. 77310440008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D. 2436 Outrigger Lane Naples, FL 339420000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT 3 BLK 1 LOT 13 OR 1151 PG 417 Folio No. PROJECT NO. Account No. 77310440008 61000 148302 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and rEtcordinQ of this Satisfaction of Lien, by action of the Board this -.ZaLday of~ J. 2003. "('" i. '- (. . . i ATTI;S,T:.."-; ~. DWlq_HT E BRdcK~ CLERK ~I\=if~~ Appr."~ MrtfJ. and Ie al sufficiency ".-----, BOARD OF CQ(JNTY C COLLIER 6-e1fJNTY, By:---/fJI--- TOM HENNING, CHAIRMAN 16t;3 -.... RESOLUTION NO. 2003- 425 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 27863 This Resolution adopted this 2r-d day of ~ second and majority vote. , 2003, after motion, ATTEST;.., . I' ~" : ',0 _ DWIG14r E. B~OC1~, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I .,otl; ~/ BY: .--J~ TOM HENNING, CHAIRM 134',~'i-~,~ Mtut n to t1\a'1r1tan' s .t"'tur~ :oltl y ttt 3305656 OR: 3455 PG: 2351 tt~ RICORDID in O'fICIAL RBCORDS of COLLIIR COUI'Y, 'L 12/04/2003 at 09:49AM DIIGH' I. BIOCI, CLIRI RBC PlB 6.00 COPIIS 1.00 Retn: CLIRI '0 fill BOARD IM'BIO"ICI 4'8 'LOOR 11' 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305657 OR: 3455 PG: 2352 *** RICORDID in OffICIAL RICORDS of COLLIIR CODIfY, fL 12/04/2003 at 09:49AM DWIGHt I. BROCI, CLIRI RIC lBl 6.00 COPIIS 1.00 Retn: CLlRI 'f0 'fHI BOARD IR'fIROfPICI 4'fR FLOOR 1I'f 7240 16C3 Property Folio No: 77310440008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D 2436 Outrigger Lane Naples, FL 339420000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents (104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT 3 BLK 1 LOT 13 OR 1151 PG 417 Folio No. Project No. Account No. 77310440008 64000 27863 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and ~ of this Satisfaction of Lien, by action of the Board this 2rd day of ,2003. . , . '^ \ l.. ~ "; . ATTEST:' , DWIGI;iT)i. I3ROCK, CLERK ~: " 'd:- .-, . '.. , ~ AttHtclS to Cha1r1tan' s s1onatureonlY. Approved as to form and ienCy~ By TOM HENNING, CHAIRMAN 16C4 ~<. RESOLUTION NO. 2003- 4? h A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8,2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000-237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 31668 Account No. 32117 3305658 OR: 3455 PG: 2353 RlCORDBD in OFFICIAL RlCORDS of COLLIIR COURfY, FL 12/04/2003 at 09:49AM DWIGH' B. BROCE, CLIRE DC liB 10.50 COPIBS 2.00 Retn: CLIRE TO 'HB BOARD IRTBROFrICB 4TH FLOOR BIT 7240 *** OR: 3455 PG: 2354 *** This Resolution adopted after this 2M. day of ~ , 2003 after motion, second and majority vote. 16C4 DATED: l2.-2-03 ATTEST:';'. DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER C~TY, FLO IDA BY: ~r;t....-' TOM HENNING, CHAIRMAN ~"~J.o.. 'f...~1 ~ . Attest as to Chi it...n s Signature only. Approved as to form and I~Y/~ ~(!7David C. eigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305659 OR: 3455 PG: 2355 *** RICORDBD in OPPICIAL RlCORDS of COLLIIR COURtY, PL 12/04/2003 at 09:49AM DWIGHT I. BROCI, CLIRI RIC PII 6.00 COPIIS 1.00 Retn: CLBRI TO THI BOARD IHTIROPPICI 4TH PLOOR lIT 7240 16 C~. Property Folio No. 75760280001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gerald, Eric C=& Kristi J 2364 Florida Ave Naples, FI 341126408 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNSET HOMES LOT 8 OR 1133 PG 159 Folio No. Project No. Account No. 75760280001 66000 31668 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 2rd day of ~ ,2003. . -'!" ATTEST: Dw'IGHT E. BROCK, CLERK lsq~..'t.~Jk : ... Attest ..>to'ChI 1 run · s APrt",_tq)j)Yll an~~~.~ RO~~~ . This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305660 OR: 3455 PG: 2356 *** RBCORDBD in OllICIAL RJCORDS of COLLIBR COURTY, lL 12/04/2003 at 09:49AM DWIGHT B. BROCK, CLIRK RBC lBI 6.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD IHTBROllICB 4TH 'LOOR BIT 7240 16G.4 Property Folio No. 77310440008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Collins III, William D 2436 Outrigger Ln Naples, FI3410426905 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAIL ACRES UNIT 3 BLK1 LOT 13 OR 1151 PG 417 Folio No. Project No. Account No. 77310440008 66000 32117 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and ~Ording of this Satisfaction of Lien, by action of the Board this 2rd day of CDHl'lM-t, 2003. . .:1 A TrEST: DWIGflT E. BROCK, CLERK Bg-'~~:~r Dt.. A:~~1~1run'S and legal sufficiency R2~~ BOARD~F C UNTY COLLIE UNTY, By: Vl..--- TOM HENNING, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305672 OR: 3455 PG: 2368 *** RlCORDBD in OffICIAL RBCORDS of COLLIBR CODIfY, fL 12/04/2003 at 09:49AM DWIGHT B. BROC!, CLBR! RlC fBB 6.00 COPIBS 1.00 Retn: CLBR! TO 'HB BOARD IITBROffICB 4TH fLOOR II' 7240 16C5 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: William F. Mueller, a single man Whose mailing address is 1 01 0 Manatee Road Apt. B202 Naples, FI 34102 Bearing the date of the 29th day of June 1999, recorded in Official Record Book 2563 Page(s) 3371, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. B 202, GULF WINDS EAST CONDOMINIUM; UNIT I, ACCORDING TO THE DECLARATION OF CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 508, PAGES 165 TO 224 INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48481040007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. A TTE,SJ: DWIG-HTE. BROCK, CLERK 5l(~~& - h: Attest IS to fb, signature only. Approved as to form and legal SU~ -J :4ER Z HC- The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmanj.., directs execLl!.i<.?~ anq recording of this Satisfaction of Lien, by action of the Board this Lra, day of ~ ,2003. " ...1.'1.... . .,.., _ . . r:{ ,.. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,:AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT J:;, " ,.,::.-,<;.., "e" Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305673 OR: 3455 PG: 2369 *** RBCORDBD in OIIICIAL RBCORDS of COLLIIR COURTY, IL 12/0f/2003 at 09:f9AN DWIGHT I. BROC!, CLBR! RBC IBI 6.00 COPUS 1.00 Retn: CLIR! TO 'HI BOARD INTIROIIICI fTH PLOOR BI! 72f0 16C5 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: DeForest Barnes Stewart and Mary Louise Stewart Whose mailing address is 7115 Pontiac Cir. Chanhassen, MN 55317 Bearing the date of the 7th day of September 1999, recorded in Official Record Book 2589 Page(s) 0888, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK D, RIVERWOOD UNIT TWO, ACCORDING TO PLAT IN PLAT BOOK 10, PAGE 90, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN S 892 20' 26" E. 240.00 FEET ALONG THE NORTH BOUNDARY OF ROOKERY ROAD TO THE POINT OF BEGINNING; THENCE CONTINUE S 89220' 26" E 60.00 FEET; THENCE N. 002 39' 34" E 110.06 FEET' THENCE N. 892 20' 26" W 60.00 FEET; THENCE S 002 39' 34" E 110.06 FEET' THENCE N. 89220' 26" W 60.00 FEET; THENCE S 002 39' 34" W t10.06 FEET TO THE POINT OF BEGINNING. FOLIO NUMBER: 00733600007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs exe~~reCOrding of this Satisfaction of Lien, by ac;tiop. Of the Board this 2.rd day of , 2003. ATTEST': DWIGHT E. BROCK, CLERK be. Attest as a s It..we OR1J. Approved as to form and legal S~/J RO ERT ZA HARY BOARD OF COUNTY COMMISSIONERS'"'''''' COLLIER COUNTY, FLORIDA, AS'THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT !'::",'. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 3305674 OR: 3455 PG: 2370 RBCORDBD in OPPICIAL RBCORDS of COLLIIR COUNTY, PL 12/04/2003 at 09:49AM DWIGHT I. BROCK, CLBRK RIC PIB 10.50 COPIBS 2.00 Retn: CLBRK TO THI BOARD INTIROPPICI 4TH PLOOR BIT 7240 16C5 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Patricia R Mikelson, 9/10 interest & Joyce Stuhrman 1/10 interest Whose mailing address is POBox 381 Marco Island, FL 34146 Bearing the date of the 12th day of August 1999, recorded in Official Record Book 2581 Page(s) 0128, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. H 107-, OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO. FOLIO NUMBER: 48485920000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execut.ion and. recording of this Satisfaction of Lien, by action of the Board this 2rd day of ~ , 2003. ttt OR: 3455 PG: 2371 ttt ATTEST: . DWIGHT E. BROCK, CLERK . A \t fl1<n ~ Attest IS to Cha 1 · s sianltuft OftlJe ApprOved as to form and legal S~ff" ~ ~ ROBERT A HARY 16C5 BOARD OF COUNTY COMMISSIONERS_ _ COLLIER COUNTY, FLORIDA, ASifr~"'",. GOVERNING BODY OF COl,LfER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING, CHAIRMAN tz.-z. ..05 16C6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305661 OR: 3455 PG: 2357 ** RBCORDBD in OFFICIAL RlCORDS of COLLIBR COUNTY, FL 12/04/2003 at 09:49AM DWIGHf B. BROCI, CLIRI RBC FBI 6.00 COPIIS 1.00 Retn: CLBRK TO THB BOARD IITBROFFICB 4TH PLOOR BIT 7240 16C7 Property Folio No. 66930680000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bacon Sr Estate, Silas % Silas Bacon Jr Co-Pr Roas T Bacon Co-Pr 620 Ortiz Ave. Fort Myers, Fl 33905 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3066 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 20, PINE GROVE SUBDIVISION OF THE TOWN OF IMMOKALEE, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 200 day of M~, 2003. ATTEST: DWIGHT E. BROCK, Clerk B\.{:~ ~Mn~~ Attest IS to Chai run 'I I signature onl.1. BOARD OF COUNTY COMMISSIONERS, COLLIER COU TY, FLORIDA By: TOM HENNING, Approved as to form and s cy /J This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305662 OR: 3455 PG: 2358 *** RlCORDBD in OllICIAL RBCORDS of COLLIBR COUNTY, lL 12/04/2003 at 09:49AM DWIGHT B. BROCK, CLIRK RBC lBB 6.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROlPICB 4TH lLOOR BIT 7240 16G7 Property Folio No. 32383000960 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Escobar, Braulio & Adiela 133 Wading Bird Cir Apt 102E Naples, FL 34110 The Lien was recorded on the 2nd day of October 2002, in Official Record Book 3121 Page 1541 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Fifty Dollars and No Cents ($1050.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 33, FALCON RIDGE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting throug"h i.ts Chai~ execution and recording of this Satisfaction of Lien, by action of the Board this ~day of ,2003. ., (,. ".,.,,-:- ATTEST: DWIGHT E. BROCK, Clerk 81:~~ rA. rn~I:O~ Atte$t as to.'CtfefrlJilan s S 1 gnat~e,:. q,llJ. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: TOM Approved as to form and I IC cy ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 ttt 3305663 OR: 3455 PG: 2359 ttt RBCORDBD in O"ICIAL RBCORDS of COLLIIR COUITY, 'L 12/04/2003 at 09:49AM DWIGHT I. BROCK, CLBRK RBC PIB 6,00 COPIIS 1.00 Retn: CLIRK TO THI BOARD INTIRO"ICI 4TH 'LOOR IX'!' 7240 16C7 Property Folio No. 36451080009 SA TISF ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gillis, Albena J. 20201 Plymouth Rd Apt 1005 Detroit, MI48228 Lien was recorded on the 2nd day of January 2002, in Official Record Book 2956 Page 0744 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Fifty Dollars and No Cents ($450.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 259, UNIT 7 PART-GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting thro~h .its Chai~an, directs execution and recording of this Satisfaction of Lien, by action of the Board this M. day of ~('(Yh1~ , 2003. ,,-,.,- A TrEST: DWIGHT E. BROCK, Clerk 4 A?e :bt , Attest as to Cha1naan's s1gnatureonly. BOARD OF COUNTY COMMISSIONERS, COLLIER.~TY, FL RIDA B y: ~:;fjt--- TOM HENNING, CHAIRMAN Approved as to form an cy ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 ttt 3305664 OR: 3455 PG: 2360 tt RICORDID in OFFICIAL RICORDS of COLLIIR COUIfY, FL 12/04/2003 at 09:49AM DrIGH! I. BROCI, CLIRI RIC FII 6.00 COPIBS 1.00 Retn: CLBRI fa fHI BOARD INTIROPPICI 4TH FLOOR BIf 7240 16C7 Property Folio No. 36451080009 SA TISF ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gillis, Albena J. 20201 Plymouth Rd Apt 1005 Detroit, MI 48228 Lien was recorded on the 30th day of April 2002, in Official Record Book 3027 Page 2687 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 259, UNIT 7 PART-GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chai~, directs execution and recording of this Satisfaction of Lien, by action of the Board this Zrd. day of ~, 2003. . i, "\ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER~NTY,F RIDA By: ~11t- TOM HENNING, CHAIRMAN 4 ~ ~ ~ Attest as to Cha1run's signature only. Approved as to form and Ie . 'ency ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305665 OR: 3455 PG: 2361 *** RICORDID in OFFICIAL IICORDS of COLLIBR COUI", FL 12/04/2003 at 09:49AM DiIGH' I. BROCl, CLBRI RIC FIB 6.00 COPIIS 1.00 Reto: CLIRI 10 'HI BOARD IN11ROFFICB 41H FLOOR lIT 7240 16C7 Property Folio No. 36451080009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gillis, Albena J. 20201 Plymouth Rd Apt 1005 Detroit, MI48228 Lien was recorded on the 6th day of March 2003, in Official Record Book 3233 Page 2114 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 259, UNIT 7 PART-GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting throu~ts Chai~ts execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2003. ATTEST: DWIGHT E. BROCK, Clerk 15y~~?t~,k Attest as to Cha1raan's signature 001,. Approved as to form and Ie al cy BOARD OF COUNTY COMMISSIONERS, COLLIER C NTY, ORIDA By: TOM HENNING, CHAIRMA ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305666 OR: 3455 PG: 2362 *~ RICORDID in OIIICIAL RlCORDS of COLLIIR CaUl", IL 12/04/2003 at 09:49AM DWIGHT I. BRocr, CLIRI RIC FBI 6.00 COPIBS 1.00 Retn: CLBRI '0 'HI SOARD IITIROIIICB 4TH ILOOR BIT 7240 16C7<~ Property Folio No. 62255200004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gonzalez, Valentin & Migdalia 1237-39 NW 33 St Miami, FI 33142 Lien was recorded on the 6th day of March 2002, in Official Record Book 2993 Page 3090 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 41, BLOCK 6, NAPLES MANOR LAKE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through i_ts Chai~ts execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of , 2003. ATTEST:' DWIGHT E. BROCK, Clerk 134; ,. ~ k , Attest as to Cha1M14ft's signature on1,. BOARD OF COUNTY COMMISSIONERS, COLL7Y~ By: ~ TOM HENNING, CHAIRMAN Approved as to form and Ie ncy ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305667 OR: 3455 PG: 2363 *** RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUITY, PL 12/04/2003 at 09:49AM DWIGHT B. BROCI, CLBRI RIC PIB 6.00 COPIBS 1.00 Retn: CLBRI TO 1RB BOARD IN1BROPPICB 41H PLOOR BIT 7240 16 C 7 ...:'IlI........,... . ::,1 '. :~ Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce 506 Quinnipiac Ave North Haven, CT 06473 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3070 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 5 AND 6, BLOCK D, SOUTH T AMIAMI HEIGHTS Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chai~ execution and recording of this Satisfaction of Lien, by action of the Board this .2rr;! day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk ~:~~~,bt Attest as to Chafnaan's s1gnatur@ only. BOARD OF COUNTY COMMISSIONERS, ::LT' FRIDA TOM HENNING, CHAIRMAN Approved as to form andl ncy ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305668 OR: 3455 PG: 2364 ** RBCORDBD in OFFICIAL RBCORDS of COLLIB! COURT!, FL 12/04/2003 at 09:49AK DWIGHT B. BROCK, CLIRK RIC PBI 6.00 COPIIS 1.00 Retn: CLlRI TO TIB BOARD IITBROFPICI 4TH PLOOR BIT 72 fO 16C7 Property Folio No. 74412240002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce 506 Quinnipiac Ave North Haven, CT 06473 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3072 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 5 AND 6, BLOCK D, SOUTH T AMIAMI HEIGHTS Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chai~ts execution and recording of this Satisfaction of Lien, by action of the Board this 2rd. day of . , 2003. ATTEST: DWIGHT E. BROCK, Clerk ~ BOARD OF COUNTY COMMISSIONERS, COLLIE~UNTY, FJ ORIDA By: ~Jr!Jt-- TOM HENNING, CHAIRMA Attest as to Cha1raan's signature only. Approved as to form and Ie al . 'ency ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305669 OR: 3455 PG: 2365 ** RICORDID in OffICIAL RBCORDS of COLLIIR CODIfY, PL 12/04/2003 at 09:49AM DIIGH1 B. SROCl, CLBRl RIC fll 6.00 COPIIS 1.00 Retn: CLBRl 10 THI SOARD IHTBROffICI 4TH fLOOR lIT 7240 16G7 Property Folio No. 62252040005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mario Pino & Cira Pino 6860 NW 75th St Hialeah, FL 33166 The Lien was recorded on the 6th day of May 1996, in Official Record Book 2179 Page 0062 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Ninety Eight Dollars and No Cents ($298.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, BLOCK 3, NAPLES MANOR LAKES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting throj;dts Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ))X.~, 2003. ATTEST: DWIGHT E. BROCK, Clerk 'f}I:~~~~ Attest as to Cha 1 MIa · s signature only. BOARD OF COUNTY COMMISSIONERS, COLLIE~NT~ I r-JfJt--- By: TOM HENNING, CHAIRMAN Approved as to form an s y ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305670 OR: 3455 PG: 2366 *~ RICORDID in OffICIAL RlCORDS of COLLIIR COUIlY, 'L 12/04/2003 at 09:49AK DrIGH! I. BROCr, CLIRI RIC 111 6.00 COPIBS 1.00 Retn: CLIRI 10 1HI BOARD IHTIROPPICI 41H fLOOR II! 7240 16G7 Property Folio No. 62040840006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Antonio L Quintana Antonia M Quintana 911 NW 1st St Miami, FL 33128 The Lien was recorded on the 27th day of March 1997, in Official Record Book 2299 Page 1015 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Hundred Ninety Eight Dollars and No Cents ($798.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 2, NAPLES MANOR UNIT NO.1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting throu~h !ts Chai~~ts execution and recording of this Satisfaction of Lien, by action of the Board this.M day of ,2003. A TrEST: DWIGHT E. BROCK, Clerk 'B4<:~ '/.--~~,~ At~st as to C SIgnature hafr.an'$ OffJ!_ Approved as to form a lency ~ BOARD OF COUNTY COMMISSIONERS, COLLIER 7NTY, FL RillA I I By: --.....) TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3305671 OR: 3455 PG: 2367 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR CODIfY, FL 12/0f/2003 at 09:f9AM DWIGHT B. BROCK, CLBRK RBC FBB 6.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB fTH FLOOR BlT72f0 16C7 Property Folio No. 67952501700 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Saporito, Donald % Adrienne, Dressel 203 Walnut St Elmhurst, IL 60126-2635 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3076 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 15, PINNACLE COVE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting throu~ts Chai~cts execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2003. ATTEST: DWiGHT E. BROCK" Clerk ~~~'#-~,k Attest as to CItIfri.an.s signature on1,. By: TOM HENNING, CHAIRMAN MEMORANDUM Date: December 4,2003 To: Lugene Hamilton EMS From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: EMS Matching Grant Application w/Florida Dept. Of Health Enclosed please find original applications as referenced above, approved by the Board of County Commissioners on Tuesday, December 2,2003 (Agenda Item #1603). If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosures 16D3 1603 EMS Matching Grant Application EMS On-Line Training Program Collier County Emergency Medical Services 2003/2004 Florida Department of Health Bureau of Emergency Medical Services ORGINAL 16D3 EMS MA TCHING GRANT ApPLlCA TION FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all ite.ms unless instructed differently within the application T e of Grant Re uested: 0 Rural Matchin 10. Code The State Bureau of EMS will assi n the 10 Code - leave this blank 1. Or anization Name: of Count Commissioners 2. Grant Siqner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Tom Hennin Position Title: Chairman Address: 3301 Tamiami Trai 1. East Cit : Na les State: Florida Tele hone: (239) 723 - 2 5 8 4 E-Mail Address: 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: T Position Title: Address: 3301 Tamiami Trall East Count: Co L lier Zit! Code: 34 11 2 FcxNumber: (239)775-4(:;4 collier oV.net 3 1603 4. Leaal Status of Applicant Oraanization (Check only one resDonse): (1) 0 Private Not for Profit [Attach documentation-501 (3) @J (2) 0 Private For Profit (3) 0 City/MunicipalityiTownNillage (4) []: County (5) 0 State (6) 0 Other (specify): 5. Federal Tax fD Number (Nine Diait Number). VFS 9. ::..6..QOj)..5.5.8 6. EMS License Number: 00234 OType: []xransport ONon-transport OBoth 7. Number of permitted vehicles by type: _BLS ~ALS Transport ~ALS non-transport. . 8. Type of Service (check one): ORescue OFire ~Third Service (County or City Government, nonfire) OAir ambulance: DFixed wing ORotowing OBoth DOther (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuinq EMS education in this project. [No signature is needed if medical equipment and profeSSionaJ,EMSed, 'r iOIra''''~nn' thi~ project.] Signature: /t:tIf . ;V.;'-:-;~! <..j Date: II L I , 103 Print/Type: Name of Director ~~........-t C -cb-c.r- FL Med. Lie. No. -'!it;: c 6 30 <6q / Note: All organizations that are not liceil:..ed EMS providers must obtain the signature of the medical director of the licensed EMS provia~r responsible for EMS services in their area of operation for projects that involve medical e ui ment and/or continuin EMS education. if your activity is a research or evaluation project, omit Items 10, 11, 12, 13, and skip to Item Number 14. Otherwise, roceed to Item 10 and the fofJowin items. 10. Justification Summary: Provide on no more than three one sided, double spacec pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); 8) Present situation (Describe how the ~'jtuation is being handled now); C) The proposed solution (Present your ~ roposed solution); D) Consequences if not funded (Explcn Nhat will happen if this project is not funded); E) The geographic area to be address!::rl (Drovide a narrative description of the geographic area); F) The proposed time frames (Provide a Pst of the time frame(s) for completing this project); G) Data Sources (Provide a complete des -:ription of data source(s) you cite); H) Statement attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what ~/ou've done on other grant projects under this grant program). OH Form 1767, Rev. 2002 4 1603 10. Justification Summary: (A) Problem Description: Collier County EMS needs to continually improve the knowledge and skills of our EMT/Paramedics so that we can continue to give excellent medical care. Collier County Emergency Medical Service provides services to over 2,032 square miles with 29 certified EMT's and 124 certified Paramedics working out of 19 stations. According our run reports for the last year, Collier County EMS responded to 34,006 calls, of this 30,491 were emergency medical incidents. Our large geographic service area, presents unique problems with respect to training. Personnel must come in on their day off to train. We hold our in-services for 3 days rotating our EMT/Paramedics in on their day off. EMT/Paramedics must continually train to improve and enhance their knowledge and skills in the basic concepts as well as keep pace with the growing advancements in the emergency medical service. Senior EMT/Paramedics who do not keep pace with the advancements and personnel assigned to low call volume stations are the most effected. Collier County EMS is in need of consistent emergency medical training that can be delivered while on-duty and in-service. This will improve and enhance the cognitive knowledge and skills of all EMS personnel. This is something that would significantly benefit each EMT/Paramedics and the general population of Collier County and our mutual aid areas (B) Present Situation: Presently, we schedule our in-services for three days and rotate our personnel in. EMT/Paramedics attend on their scheduled day off. With tightening budgets, medical equipment becomes a top priority. We must develop a method to provide consistent emergency medical training to improve and enhance the knowledge and skills of our EMT/Paramedic while they are on duty and still allow them to remain in-service. (C) Proposed Solution: Utilizing grant funds, Collier County EMS will purchase and install an approved on-line training program to serve as a consistent. cornerstone of the emergency medical training program. The EMS on-line program, CE Solutions, offers a large dataBase of continuing courses bOLi: at an EMT and at a Paramedic level. According to CE :-:olutions website, this progr?m has been approved in the State of Florida for continuin.:5 {.ducation credits. The EMS1n-line training program provides current curriculum which meets/exceeds the required DO T standard, course objectives, course material, and documfiHation of subject comprehension through examinations. 1603 Utilizing the EMS on-line traInIng program each EMT/paramedic will be assigned specific subjects to complete within a specified time period of 30 days. This training can be completed while they are on-duty and in-service at their stations, or at home if they are off-duty due to an injury or illness. Utilizing the system administrator feature, the Training Division will be responsible for tracking and documenting the progress of each EMT/Paramedic in each assigned subject area. Pre and post- test scores will provide adequate validation as to the comprehension levels. It should be noted, that the emergency on-line training program is not meant to eliminate all current direct delivery of training. It is intended, to be the cornerstone of the program designed to improve and enhance the knowledge and skills of the EMT/paramedic in a consistent and time efficient manner. (D) Consequences if not funded: If not funded, we will lack the additional resources necessary to provide the continuous educational resources that are essential/mandatory for EMT/Paramedics. Collier County Emergency Services wants to be equipped to provide our personnel with the best resources for continuing education that is available. (E) The Geographic Area to be Addressed: Collier County Emergency Medical Services provides advanced life support services to over 2,032 square miles and our mutual aid areas of Lee, Dade, Broward, Monroe and Hendry Counties. (F) The Proposed Time Frames: Once grant funds are received 2 months: The Training Division will review all the course offerings and identify the components of the training program. Written documentation will be developed to outline t~'e entire program which will include, but not limited to: purpose of program, order of ea,~h subject to be taken, required passing score of 80%, qnd individual remediation for !hose who do not successfully complete each subject area. . 4 n.onths: Collier County EMS will have the EMS on-line training program installed in each designated worksite: 18 Stations and 3 at the Training Division. 12 months: On a quarterly basis, the training division will track and document the progress of each EMT/Paramedic as they continue through the EMS on-line training program. Documentation will include, but not limited to: scores for pre and post -test and time spent in each subject area. On-Line EMT CEO's for medics, intermediates, basics and ECA's I Member Login ..:1 prgB 3 Less Stress Instructional Services and CE-Solutions present: User Name I Password I Enter' On-Line Continuing Education Units for EMS' Professionals In response to your requests, we at Less Stress have teamed up with CE- Solutions to provide you with on-line EMS CEU's. Already signed up? Log in here! After checking out the new simulator, you can now take on-line courses for continuing education credits in 40 states! Check out if your state have approved on-line CEU's by clicking here CE Solutions has a large database of continuing education courses available making it easy to meet your recertification requirements from the convenience of your own desktop. System administrators and supervisors can even sign up for organizational programs by calling us at (888) 277-3671. Fees for CEU's are as follows: Program Hours Price ECA/1st Responder 2 Years - Unlimited! $100 EMT -B 2 Years - Unlimited! $100 EMT-I 2 Years - Unlimited! $100 Paramedic 2 Years - Unlimited! $100 Credit Per Hour Program ($4 Per 5 Hour Minimum $20 Hour) National Registry 10 Hours $25 Sign up now and receive a free development copy of VOA - our dynamic resuscitation simulator! This patient reacts differently every time you try to resuscitate him. Watch him develop airway obstructions, change heart rhythms, and gain/lose a pulse all based on random numbers generated by the computer. And it's free when you sign up for a CEU course subscription with CE Solutions! Click h~re to check it out! ~'=i Take (: , free' I trial CEU Course! Sign Up Now! Click here! Click here! http://www.lessstress.comlo1ceus.htm 11114/2003 CPR Simulator - Variable Outcome Algorithm Page 1 of 1 Variable Outcome Algorithm 1603 VOA (Variable Outcome Algorithm) is a new program script that we are developing to add to our simulators. VOA allows our simulation patients to do something different every time you attempt to revive them. This product comes with one adult CPR/AED VOA scenario. Do CPR and watch his anoxia decrease. Shock him and turn his fibrillation into normal sinus. o.nly to have him go right to asystole next time you play. It's all up to the computer-generated "Roll of the dice". This is some of our most advanced simulators ever' AJ rway -..' ..~~.....--_..._. Breathing ..~": -~..:......~~~~ Circulaton A downloadable copy of VOA ic:; free when you sign up for CE Solutions On-Line CE:l; subscription through Less StreM; Instructional Services PELASE HIT THE "BACK" BUTTON ON YOUR BROWSER http://www.lessstress.com/voa.htm 1 ] /14/2003 1603 (G) Data Sources: The Run Reports Interface provides accurate data as to the number of emergency incidents that Collier County Emergency Services responds to on an annual basis. The Training Division develops the training schedule indicating times and days of training. In addition, the Training Division is responsible for the documentation of attendance and successful completion of each training session. The Training Division is responsible for identification of department needs with respect to the direction of emergency medical training. (H) Previous State Grant: Collier County EMS attests that this proposal is not a duplicate of any pervious local, state, or federal grant award 16D3 Next, only complete .Q.!l!! of the following: Items 11, 12, Q! 13. Read all three and then select and com lete the one that ertains the most to the recedin Justification Summa . .11. Outcome For Proiects That Provide or Effect Direct Services To Emeroency Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, and benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double-spaced pages for your response. Include the following. A) Quantify what the situation has been in the most recent 12 months for which you have dcHa (include the dates). The strongest data will include numbers of deaths and injuries during this time. 8) In the 12 months after this project's resources are on-line, estimate what the numbers you provided under the preceding "(A)" should become. C) Justify and explain how you derived the numbers in (A) and (8), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Outcome For Traininq Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double-spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period for which you have data (include the dates). 8) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training ''lnd project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two additional one sided, double- spaced pages for your response. Include the following. A) What has the situation been in the most recent 12 month~ for which you have data (include the dates)? 8) What will the situation be in the 12 months after the proJ1:Kt services are on-line? C) Explain the derivation of all numbers. D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 5 1603 12. Outcome For Trainine Proiects Improves and Enhances Cognitive Knowledge and Skills- Computer programs offer simulations that provide more life-like dynamic representation of complex real-world situations improving the EMT/Paramedics cognitive knowledge and evaluates their judgmental abilities in less time. Each EMT/Paramedic must successfully complete a pre and post test to demonstrate competency and comprehension in each subject area. Improves Consistent Deli very Method with Quality Subiect Matter by 100%- A total of 29 EMT's and 124 Paramedics will receive the same consistent information, which at the same time meets/exceeds the DOT standard. The level of consistency has never been available before. The program allows 24-hour access so the EMT/Paramedic can work at their own pace. The EMT/Paramedic can leave in the middle of a subject and start up right where they left off the same day or another day. It also provides a 100% improvement in the availability of personnel who are not at work due to an injury or illness. They can still participate in the same consistent emergency medical training while off-duty. Improves Documentation -The computer program provides accurate documentation as to the subjects covered, time spent on each subject, and a method for measuring comprehension through written tests and skills. (A) How Many People Received the Training in Previous 12 Months: As Collier County Emergency Medical Services currently lacks a consistent emergency medical on-line program, no personnel have completed this training program. (B) How Many People Will Successfully Complete the Training in 12 months: Utilizing a consistent emergency medical on-line training program, a total of 29 EM1's and 124 Paramedics will complete a minimum of 8 courses. The Training Division will be responsible for trackin~ and documenting the progress of each EMT/Paramedic as they progress through thf' p -ogram. Documentation will include, but not be Iimitei t J: scores for pre and post- te")t and time spent in each subject area. One-hundred percer't of our personnel will complete ~his training 1603 (C) Impact on injuries, deaths, or other victim Data: Continual training is the only way to improve and enhance their knowledge and skills in the basic concepts, as well as keep pace with the growing advancements in emergency medical service. Therefore, it is impetrative that we make all training available to every EMT and Paramedic. How well trained they are effects everyone. One-hundred percent will be trained in the same consistent manner. (D) Explain all figures: All figures are based on the fact that Collier County Emergency Medical Services has no consistent on-line training program at this time. (E) Integration in Department's Five -Year Plan: Collier County Emergency Medical Services provides advanced life support care to a steadily growing community. According to the US Census Bureau Collier County is growing at a rate of approximately 10,000 per year. To meet the growing needs of the citizens, Collier County Emergency Medical Services projects two additional stations. The Training Division desires to provide a consistent quality emergency medical training program. This grant proposal solves many concerns of a growing department by providing a simulated infant to provide the necessary and needed training to improve and enhance the knowledge and skills of each EMT/Paramedic in a consistent and systematic manner. ~ 'VU"''' '-VUtILY J. UpUJi111Ull .csumales: f\pnl 1, kUUU to JUly I, Zoo2 Page 10f 3 U.s. Census Bureau . :~;;;;!1"' <"-,\, .> 1603 a t o n e s rn if e s Estimates Data county table Florida County Population Estimates: April 1, 2000 to July 1, 2002 April I, 2000 Population JUly 1, 2002 July 1, 2001 July 1, 2000 Estimates Census 2000 County State Population Population Population Base Population Florida 16,713,149 16,373,330 16,051,395 15,982,400 15,982,378 Alachua Florida 222,254 220,344 218,301 217,955 217,955 Ba ker Florida 22,793 22,609 22,388 22,259 22,259 Bay Florida 151,901 149,683 148,244 148,217 148,217 Bradford Florida 26,297 25,982 26,081 26,088 26,088 Brevard Florida 495,576 486,405 477,853 476,230 476,230 Broward Florida 1,709,118 1,673,176 1,632,951 1,623,018 1,623,018 Calhoun Florida 12,567 12,745 13,045 13,017 13,017 Charlotte Florida 148,678 145,463 142,263 141,627 141,627 Citrus Florida 123,685 121,289 118,633 118,085 118,085 Clay Florida 152,093 146,113 141,681 140,814 140,814 Collier Florida 276,691 265,101 254,213 251,377 251,377 Columbia Florida 58,028 57,465 56,750 56,513 56,513 DeSoto Florida )2,819 32,886 32,310 32,209 32,209 Dixie Florida !4,0?3 13,841 13,825 13,827 13,827 Duval Florida 906,120 792,719 779,752 778,879 778,879 Escambia Florida 297,272 296,667 294,299 294,410 294,410 Flagler Florida 57,377 53,658 50,574 49,832 49,832 Franklin Florida 10,069 9,908 9,837 9,829 11,057 Gadsden Florida 45,279 45,262 45,050 45,087 45,087 Gilchrist Florida 14,720 14,615 14,546 14,437 14,437 Glades Florida 10,786 10,724 10,609 10,576 10,576 Gulf Florida 14,789 14,658 14,598 14,560 13,332 Hamilton Florida 13,710 13,742 13,334 13,327 13,327 Hardee Florida 27,333 26,886 26,927 26,938 26,938 Hendry Florida 36,891 36,699 36,372 36,210 36,210 - Hernando Florida 138,470 134,546 131,491 130,802 130,802 - Highlands Florida 89,952 88,616 J7,453 87,366 87,366 Hillsborough Florida 1,053,864 1,027,369 1,' 03,280 998,948 998,948 Holmes Florida 18,628 18,635 18,534 18,564 18,564 Indian River Florida 118,007 115,414 113,370 112,947 112,947 Jackson Florida 46,408 46,260 46,766 46,755 46,755 Jefferson Florida 13,695 13,403 12,915 12,902 12,902 Lafayette Florida 7,009 7,177 7,061 7,022 7,022 Lake Florida 233,835 223,610 212,842 210,527 210,528 Lee Florida 475,639 459,157 443,840 440,888 440,888 http:// eire.census. gov /popest/ data/counties/tables/CO- EST2002/CO-EST2002-0 1-12. php 11/17/2003 Page 1 of 2 DELL 1603 QUOTATION Date: 11/14/032:26:39 PM QUOTE #: 124080298 Customer #: 247719 Quote Date: 11/14/03 Customer Name: COLLIER COUNTY BOARD OF COMM TOTAL QUOTE AMOUNT: $3,920.00 Product Subtotal: $3,920.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 0 SOFTWARE & ACCESSORIES Product Quantitv Unit Price Total Dell Ps/2 Keyboard, Gray, No Hot Keys, Dell Optiplex, Customer Install (310.1526) 20 $17.00 $340.00 Dell M782 monitor,17lnch (16.0Vlewable Image size), MldnlghtGray, OptiPlex, Customer Insta 20 $179.00 $3,580.00 (320-0179) S&A Total Amount: Number of S & A Items: 2 $3,920.00 SALES REP: APRIL DELASHAW PHONE: 800-981-3355 Email Address: April Delashaw@Dell.com Phone Ext: 44721 For your convenience, your sales representative, quOtd number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote This quote is subject to the terms of the agreement <;igl1ed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and condition!; agreement. Prices and tax rates are valid in the U.S. only and are $1.bJect to change. ....Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please Indicate your taxability status on vour PO. If exempt, please fax exempt/on certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questIons regarding tax please call 800-433-9019. .... All product and pricing information is based on latest Information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. file ://C: \Documents % 2~and ~~OSettings~~miltonlugene ~~cal % 20Settings \ T emporary%... 11/ 19/2003 16D3 X~....... Jj ealthWare " Solutions '\t ,,' "ll" . HealthWare Solutions LLC 647 Vache Circle Redlands, CA 92374 909-307-8739 909-335-6712 Quote . Quote # MNJKQ1162 Date 11/10/03 FAX Bill To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples, FL 34112 Ship To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples. FL 34112 USA USA PO Number Sales Rep: Sales Rep: I See Below Mark Roberts I I I Qty Description List Price Unit Price Ext. Price I I $250.00 I $5.000.00 i 20 I No Fault Warranty 3 years * See warranty $250.00 i info enclosed for details. i i TERMS: Net 15 Days SubTotal Sales Tax Shipping Total $5,000.00 $0.00 $0.00 $5,000.00 Payment terms are as agreed In the attac1ed Healthware License and Service Agreement unless otherwise indicated or, this Sales Order. All Products and Service provided under this agreement and governed by the terms and conditions of the attached Software Licensee Agreement. You agree to all the terms conditions by your signature below. Customer Authorized Signature: Date:. Healthware Authorized Signature: /II~II!tJ- 11/10/2003 Date: Page ~Ie ~1~Jl3 X~<.....R ealthWare .. . . Solutions ~ ./ HealthWare Solutions LLC 647 Vache Circle Redlands, CA 92374 909-307 -8739 909-335-6712 Quote Quote # MNJKQ 1163 Date 11/10/03 FAX Bill To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples, FL 34112 Ship To: Collier County EMS David Stedman 3301 E Tamiami Trail Naples, FL 34112 USA USA PO Number Sales Rep: Sales Rep: Net 15 Mark Roberts Qty Description List Price I Unit Price I Ext. Price I 20 Docking Station for CF-18, Includes angled stand. $544.00 I $473.28 $9,465.60 20 USB - RJ-45 /Ethernet adapter with hold down. $149.00 $126.65 $2,533.00 TERMS: Net 15 Days SubTotal Sales Tax Shipping $11,998.60 $0.00 $350.00 Total $12,348.60 Payment terms are as agretd In the attached Healthware License and Service Agreement unless otherwis,' indicated on this Sales Order. All Products anJ Service provided under this agreement and governed by the terms and conditions of the attached Software Licensee Agreement. You agree to all the terms conditions by your signature below. Customer Authorized Signature: Healthware Authorized Signature: /1/tul-/!ltJ- Date: 11/10/2003 Date: Page 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable. most projects cannot be completed in less than six months and if it i~ a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Act!vity Number of Months After Grant Starts Begin 'End Traininq Div. to review all 1 month 2 month courses Have program installed 4 months 5 months .11n J'l rrn... I- ..... -1 V n.:l c:ti c:t +-,.. '" ,.... l.- ID months 12 monJ: hs . ~ ~ & document proqress 16D3 17. Countv Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in tHe explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. The entire Collier County allocat~6n is-being USed ." '''-!'''ln~r',,-':.' .;:...J(.'r"-'r-'l"."-::-':"f' ...~\1 :~.:~,o.1 ,"r I~ ,i:.J ~ ~I for the fo}lowinq: EMS eouipment Anv funds taken from the aforementioned would mean discontinuing tbQse proiects. DH Form 1767, Rev. 2002 7 1~ 18. Budaet: ~..... Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount of why each of the positions and the numbers ~~~p~hoo~ACAp~hoo~ of hours are necessa~ for this project. fringe benefits, and the total number of hours. TOTAL: D3 Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified. necessa~ to this project. agency, such as, commodities and supplies of a consumable nature, excludinaexpenditures classified as operating capital outlay (see next cateaory). $100.00 EMT nee si~n on eost $100.00 Par amedie nee siqn on east --- --~- '--- ----Parame-d i-cs 100x124 = S12 4 0 O. ,u_ ., cas t of oroqram EMT's 100x29=$2,900 east of program TOTAL: $ S J ;:;_ 300 DH Form 1767, Rev. 2002 8 Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature, and the normal expected life of which is 1 ear or more. 1603 Costs: List the price of the item and the source(s) used to identify the price. Justification: State why each of the items and quantities listed is a necessary component of this project. Warrant ~ ., '"'~ $5.000 $3,920 to r for use when at Station TOTAL: $ State Amount : (Check applicable program) fXI Matching: 75 Percent $27,426..45 o Rural: 90 Percent $ Local Match Amount (Check applicable program) fXI Matching: 25 Percent $9..142.15 o Rural: 10 Percent $ Grand Total $ 3fi . l)fiA. fiO -- _. DH Form 1767, Rev. 2002 9 16D3 19. Certification: My signature below certifies the following. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this application may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law: I certify that to the best of my knowledge and belief all of the statements contained herein and on ny attachments are true, correct, complete, and made in good faith. I agree that any and all information submitted in this application will become a public document pursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes material which the applicant might consider to be confidential or a trade secret. Any claim of ' confidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. I accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be dvertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. I certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities idel'ltified in the notification letter. No funds count towards satisfying this grant if the funds we~:'j also used to satisfy a matching requirement of another tate grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this rant. cceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the bove and also accept the attached grant terms and conditions and acknowledge this by signing below. ..:in. Sib'1ature of Authorized Gra Signer tlndividualldentified in Item 2) Ctrz.()3 DH Form '167, Rev. June 2002 I L MM I DO I YY ATTEST: '''_, DWJGH\T.--E:SR~~9LERJ;< tit ~~~:,~ ~ I . '. , . " Oepuh' Clerk ::::. Attest ai'to .Ch&itllan's Ilgfl~tureonlj. , ApprOved as to form & legal suffi 'ency r. 10 16D3 FLORIDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of pre-hospital EMS. DOH Remit Payment To: Name of Agency:cnl1 i pr ('nllnt-y Rn.::lrrl ()f ('()l1n'/-y ('()mm; c::;c::;; ()n,::>r-s Mailing Address: 3301 Tamiami Trail East Building H NAplp~. Flnr;rlA ~411? Federal Identification Number Date Authorized Agency Official: Signature Tom Henninq, Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health , BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant 10 Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: Date Oroanization Code 64-25-60-00-000 E.G. N_ OCA N200G Obiect Code 7 Federal Tax JD: VF _________ Grant Beginning Date: Grant Ending Date: DH Form ,1767P, Rev. June 2002 ~ , C" J:, ') '>'-. . ~ ~,J -"1../:'1 A~S'T ....... /' ; ......Ii: - : '. v....\. .[)WIG.HTE. BRGCI\;,'t;LERK ~~ ..~:'t:~~I~ - '~"n De~~~rer~. Attest u to, ChI fraan · s 11GQtUrt:o..l,. Approved as to form & legal sufficiency \. c;.-J.'( l __~ County Attorney 11 16D3 EMS Matching Grant Application SimBaby Collier County Emergency Medical Services 2003/2004 Florida De?artment of Health Bureau of Emergency Medical Services ORGINAL 16D3 EMS MA TCHING GRANT ApPLlCA TlON FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services 1. Or anization Name: ard of Count Commissioners 2. Grant Siqner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Tom Rennin Position Title: Cha i rman Address: 3301 Tamiami Trai 1. East Cit : Na les State: Florida Tele hone: (239) 723 - 2584 E-Mail Address: 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: r Position Title: :::h. I '~ Address: 3301 Tamiami Trall East BUl -25: 4 3 16D3 4. Leaal Status of Applicant Oraanization (Check onlv one response): (1) 0 Private Not for Profit [Attach documentation-501 (3) @] (2) 0 Private For Profit (3) 0 City/Municipaiity/TownNillage (4) [}l County (5) 0 State (6) 0 Other (specify): 5. Federal Tax 10 Number (Nine Diait Number). VFS.9.-=..6..G..D...o.5.5.8 6. EMS License Number: 00234 OType: [)rrransport ONon-transport OBoth 7. Number of permitted vehicles by type: _BLS ~ALS Transport ~ALS non-transport. . 8. Type of Service (check one): ORescue OFire OOThird Service (County or City Government, nonfire) DAir ambulance: OFixed wing ORotowing OBoth DOther (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuina EMS education in this project. [No signature is needed if medical equipment and professional,JMS educatio~..!re.not in this project.] . ';1 91 ~"1 ."J' . ". Signature: --J(ttr .F'c-"- /~:~/':';"'" .: Date: "'~.... t. ,,'. _-::'" ,.' \::... r PrintlType: Name of Director ~e:...-..J- d ~.be.r FL Med. Lic. No. J!1~ 06 30f:6Q I d /;9/0-3 , Note: All organizations that are not Iice,T~ed EMS providers must obtain the signature of the medical director of the licensed EMS proviot:r responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuina EMS education. If your activity is a research or evaluation project, omit Items 10, 11, 12, 13, and skip to Item Number 14. Otherwise, roceed to Item 10 and the followin items. 10. Justification Summarv: Provide on no more than three one sided, double spaced pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); B) Prese'lt situation (Describe how the situation is being handled now); C) The pri.'posed solution (Present your proposed solution); D) Con,e'luences if not funded (Explain what will happen if this project i5 not funded); E) The ::;F;oqraphic area to be addressed (Provide a narrative description of the geographic area); F) The pr:;posed time frames (Provide a list of the time frame(s) for completing this project); G) Data SClJrces (Provide a complete description of data source(s) you cite); H) Stateme.lt attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what you've done on other grant projects under this grant program). DH Form 1767, Rev. 2002 4 16D3 ~ !.~d 10. .Justification Summarv: (A) Problem Description: Collier County EMS provides service to a large geographic area that is diverse in many ways. The infrequency of encounters with pediatric patients in distress mandates simulation training for this special group of patients. The average paramedic in our EMS System has not performed an intubation or started an intraosseous line on an infant patient. Therefore, simulation training on a mannequin is essentially the only trial of realism that is possible. The problem with pediatric patients is that their signs and symptoms are so different from adult patients. Infants and children react differently to insults to their systems. The signs and symptoms of serious problems are much more subtle and require keen assessment skills and decision making capabilities. Simulation training is a necessity because of the infrequency of pediatric calls within our system: 5.74%. It will reduce the possibility of medical errors by providing encounters in a controlled situation. Paramedics must continually train to improve and enhance their skills and knowledge. The SimBaby will ensure that all paramedic personnel have additional superior training, allowing them to be better prepared to handle infants and children in emergencies. (B) Present Situation: Presently, paramedics train on procedures only, using task trainers in the lab. No assessment is involved in performing a skill. Training involves only performing a task on a plastic, unrealistic body part. (C) Proposed Solution: The solution to this insufficiency in traImng paramedics is to provide a completely interactive mannequin, SimBaby. SimBaby is a realistic lifelike mannequin that can simulate a severe allergic reaction, cardiac arrest, seizures, drug overdose, and throat closures to train paramedics for a variety of critical scenarios. SimBaby cries, pulls its arm away when an IV is inserted, gasps and makes heart, lung and bowel sounds. This state of the art training that SimBaby will provide, wi~J better prepare our paramedics for critical incidents with babies and children. Assessment, sequencing of critical decisions and interventions such as intubations, IV, IO and medication administrations can be made in exactly the manner in which they would be perfollTIci in the field on a real infant. (D) Consequences if not funded: If not funded, the only practice received will be t;lrough task traInmg without a mannequin. Paramedics would encounter the real infant in the field for the first time without benefit of whole simulation under the best conditions in the training lab. Simulation reduces medical error. The Seattle Times: This baby's born to save lives Page 1 of 2 seattletimes.com ~ illIcSl!atttetDn\c.$ 1603 Wednesday, June 25.2003,12:00 a.m. Pacific Permission to reprint or copy this article/photo must be obtained from The Seattle Times. Call 206-464-3113 or e-mail resale@seattletimes.com with your request. This baby's born to save lives By Julia Sommerfeld Seattle Times staff reporter Nurse Paivi Cherkas swabbed the skin and inserted a needle into a fragile vein of the tiny body. Dr. Daniel Rubens snaked a tube over the baby's bobbing tongue and through its vocal cords and then smiled when it starting breathing. The medical team didn't save a baby's life. But it is helping to create a device that could save many. Children's Hospital & Regional Medical Center in Seattle helped develop the prototype of SimBaby, a simulator that mimics the symptoms and responses of a 3-month-old. The mannequin can simulate a severe allergic reaction, cardiac arrest, seizures, drug overdose and throat closure to train medical students, nurses and emergency-medical technicians for a variety of critical scenarios. "In the past, we were teaching mostly out of textbooks, but now we're looking at tools that are highly interactive," said Rubens, a pediatric anesthesiologist at Children's Hospital. Norwegian medical company Laerdal came to the hospital last year with a featureless mannequin and asked pediatric specialists which characteristics they would like on an infant simulator. Based on tho'se requests they developed a prototype and returned to Seattle this week for feedback. At first glance, SimBaby looks like a c1oll. That's Rubens' biggest complaint. He asked Laerdal tL ~dd more lifelike facial and skull features. But within the mannequin's shell, machinery controlled by a laptop computer creates a realistic pulse, causes the chest to rise and fall with breaths that exhale carbon dioxide, swells the tongue and triggers spasms in the vocal chords. It cries, pulls its arm a\ ray when an IV is inserted, gasps and m 1kes heart, lung and bowel sounds. Medical staff members have long trainc'd with simulated patients. Laerdal's adult version, SimMm', is used by students at the University of W.tshington School of Medicine. But this is the first interactiv~ infant simulator, said Geir Berglyd, manager of training and education for the company. "Babies are an area a lot of medical people feel uncomfortable with because they don't come across them commonly," said Rubens, a OW assistant professor of anesthesia. ' Yesterday, the hospital held a "mock code," a training drill in which they sent doctors and nurses running to resuscitate the SimBaby. "It allows us to practice our skills of interaction in a crisis," said chief nursing educator Nancy Sartor. http://seattletimes.nwsource.comlcgi-bin/PrintStory. pl?d~~llmenCid=_!35076187 &zsectiQ".!, 1111712003 The Seattle Times: This baby's born to save lives Page 2 of 2 1603 SimBaby will next be tested at two other U.S. sites, the University of Florida in Jacksonville and Children's Hospital of Pittsburgh. Then it will head back to Norway, where the company will add requested features and fine-tune it. For instance, Children's doctors requested that its tongue be made thicker and that its lips turn blue when it stops breathing. They also would like the baby, which is genderless, to be given genitalia so nurses can practice catheterizing a newborn. Rubens said Children's will be first in line to get a SimBaby next year, when Laerdal expects it to hit the market. A price hasn't been set, but SimMan costs about $30,000. Julia Sommerfeld: 206-464-2708 or j.s.Qml!1~d(jd@_.ft:(Jl1lfJbJle_S!CQl1J Copyright @ 2003 The Seattle Times Company http://seattletimes.nwsource.comlcgi-bin/PrintStory.pl?documencid=135026187&zsectio...11/12/2003 1603 (E) Geographic Area Being Addressed: The entire response area of Collier County (2,032 square miles) and our mutual aid areas of Lee, Dade, Boward, Monroe and Hendry Counties. Collier County Emergency Medical Services Paramedics as well as Firefighters and Firefighter-Paramedics train at our Training Division monthly. (F) Proposed Time Frame: Once grants funds received: 2 months: Place order for SimBaby. 3-4 months: Training Division to be trained on equipment. 4 months: Implement training. (G) Data Sources: Attached is the data compiled from the Collier County EMS database. Collier County Emergency Medical Services answered 1,574 pediatric calls from October 1, 2002 thru September 30, 2003. We had 9 intubations, 177 IV's and 6 Inraosseous lines. The decisions to use these interventions are as much an issue as the successful attempt. Full body simulation is a key factor to providing the training for addressing this problem. (See attached) (H) Previous State Grant: Collier County Emergency Services attests that this prJposal is not a duplicate of any previous local, state, or federal grant award. III ~ ~ CP n:I > CP 0 >--c an s:: CIO n:I ~ ~ CP C'G > CP 0 >--c an s:: co C'G ~ III 0 ~ n:I .. CP an >- .... ~ ~ CP C'G > CP 0 >--c CIO s:: .... n:I ~ ~ CP n:I > CP 0 >--c co s:: .... n:I 'It N ~ 0 C'G .. 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" 14 00:00.0 223 l 12 00:00.0 223 , ~:;~~ ;j: .~,. 9 00:00.0 223 :+;, ' J; , (~{. 14 00:00.0 223 ., :'" 10 00:00.0 223 , J ~ 14 00:00.0 223 ""~. 15 00:00.0 223 )~ j' ~:: )0.0 22f 160 ~ )0.0 22/ ~ )0.0 223 )0.0 22~ )0.0 22 )0.0 223/ )0.0 22Y )0.0 226' )0.0 22} 10.0 22 10.0 22~ 10.0 22 10.0 22~ 0.0 22 0.0 22}: 0.0 22 0.0 22~ 0.0 ;~ 0.0 0.0 2~~ 0.0 22 0.0 22~ 0.0 22? 0.0 22 )~ , > ~ .'" ,.:. 1603 Next, only complete.Qlli! of the following: Items 11, 12, Q! 13. Read all three and then select and com lete the one that ertains the most to the recedin Justification Summa . 11. Outcome For Proiects That Provide or Effect Direct Services To Emerqencv Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, and benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double-spaced pages for your response. Include the following. A) Quantify what the situation has been in the most recent 12 months for which you have data (include the dates). The strongest data will include numbers of deaths and injuries during this time. B) In the 12 months after this project's resources are on-line, estimate what the numbers you provided under the preceding "(A)" should become. C) Justify and explain how you derived the numbers in (A) and (B), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Outcome For Traininq Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double-spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period for which you have data (include the dates). B) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training and project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two addll!onal one sided, double- spaced pages for your response. Include the following. A) What ha') t' :e situation been in the most recent 12 months for which you r'3v") data (include the dates)? B) What willl llC situation be in the 12 months after the project services are on- :r.z? C) Explain th8 jerivation of all numbers. D) How does His integrate into your agency's five year plan? DH Form 1767, Rev. 2002 5 1603 12. Outcome for Trainine Proiects: Utilizing grant funds, Collier County Emergency Medical Services will purchase the SimBaby and implement it in our on going training programs. Improves Documentation: SimBaby documents and assesses each simulation. Creating more life-like dynamic representations of real-world critical situations. Enhancing and preparing each Paramedic for real world emergency critical situations, they may encounter. Improves and Enhances Cognitive Knowledge and Skills: A total 124 Paramedics will receive training on the SimBaby. (A) How Many People Received the Training in Previous 12 Months: As Collier County currently lacks a simulated infant/child, no personnel have completed this training program. (B) How Many People Will Successfully Complete the Training in 12 Months: Utilizing the SimBaby for simulation infant/child training, 124 Paramedics will successfully complete training within 12 months. Including, 80 Firefighter-Paramedics from local Fire Departments that we have a current memorandum of understanding with. Each Paramedic's training will be documented and tracked for their progress. (C) Impact on Injuries, deaths, or other victim Data: According to the U.S. Census Bureau, our cun~nt pediatric population is 57,715. Our call volume for pediatric patients was 1,574. We ar~ in immense need of simulation training to better prepare Collier County Emergency Services for pediatric patients. With the data received from the U.S. Census, our pediatn,-: population is approximately 21% our population. Pediatric patients account for (l IT.ere 5.74% of our emergency incidents. Simulation training is the only resource to ade luately prepare each paramedic in advance. 1603 (D) Explain all figures: All figures are based on actual Collier County Run Reports and information from the U.S. Census Bureau. (E) Integration in Department's Five- Year Plan: Collier County Emergency Medical Services provides advanced life support care to a steadily growing community. According to the U.S. Census Bureau Collier County is growing at a rate of approximately 10,000 per year. To meet the growing needs of the citizens, Collier County Emergency Medical Services projects two additional stations. The Training Division desires to provide a consistent quality emergency medical training program. This grant proposal solves many concerns of a growing department by providing a simulated infant to provide the necessary and needed training to improve and enhance the knowledge and skills of each EMT/Paramedic in a consistent and systematic manner. Florida County Population Estimates: April 1 , 2000 to July I, 2002 Page 1 of 3 1603 U.s. Census Bureau . ';~i:~ ;~11::.: , ~ ~'. ~~:f':>.' :) {) iJ :J d 'I (~ n .t ,'. Estimates Data c.~.m;Ys > DODulation estimates > ~s > CO-EST2002-01 I Analysis I Graphics Callery I Estimates Topics Ge<lgraphic Topics' Archives ' Related Topics text menu county table Florida County Population Estimates: April 1, 2000 to July 1, 2002 April 1, 2000 Population July 1, 2002 JUly 1, 2001 July 1, 2000 Estimates Census 2000 County State Population Population Population Base Population Florida 16,713,149 16,373,330 16,051,395 15,982,400 15,982,378 Alachua Florida 222,254 220,344 218,301 217,955 217,955 Baker Florida 22,793 22,609 22,388 22,259 22,259 Bay Florida 151,901 149,683 148,244 148,217 148,217 Bradford Florida 26,297 25,982 26,081 26,088 26,088 Brevard Florida 495,576 486,405 477,853 476,230 476,230 Broward Florida 1,709,118 1,673,176 1,632,951 1,623,018 1,623,018 Calhoun Florida 12,567 12,745 13,045 13,017 13,017 Charlotte Florida 148,678 145,463 142,263 141,627 141,627 Citrus Florida 123,685 121,289 118,633 118,085 118,085 Clay Florida 152,093 146,113 141,681 140,814 140,814 Collier Florida 276,691 265,101 254,213 251,377 251,377 Columbia Florida 58,028 57,465 56,750 56,513 56,513 DeSoto Florida 32,819 32,886 32,310 32,209 32,209 Dixie Florida 14,063 13,841 13,825 13,827 13,827 Duval Florida 806,120 792,719 779,752 778,879 778,879 Escambia Florida 297,272 296,667 294,299 294,410 294,410 Flagler Florida 57,377 53,658 50,574 49,832 49,832 Franklin Florida 10,069 9,908 9,837 9,829 11,057 Gadsden Florida 45,279 45,262 45,050 45,087 45,087 Gilchrist Florida 14,720 14,615 14,546 14,437 14,437 Glades Florida 10,786 10,724 10,609 10,576 10,576 Gulf Florida 14,789 14,658 14,598 14,560 13,332 Hamilton Florida 13,710 13,742 13,334 13,327 13,327 Hardee Florida 27,333 26,886 26,927 26,938 26,938 Hendry Florida 36,891 36,699 36,372 36,210 36,210 .- - Hernando Florida 138,470 134,546 131,491 130,802 130,802 . , ", Highlands Florida 89,952 88,616 87,453 87,366 87,366 Hillsborough Florida 1,053,864 1,027,369 1,003,280 998,948 998,948 Holmes Florida 18,628 18,635 18,534 18,564 18,564 Indian River Florida 118,007 115,414 113,370 112,947 112,947 Jackson Florida 46,408 46,260 46,766 46,755 46,755 Jefferson Florida 13,695 13,403 12,915 12,902 12,902 Lafayette Florida 7,009 7,177 7,061 7,022 7,022 Lake Florida 233,835 223,610 212,842 210,527 210,528 Lee Florida 475,639 459,157 443,840 440,888 440,888 http:// eire .census. gov Ipopes tJ data/counties/tables/CO- EST2002/CO- EST2002-0 1-12. php 11117/2003 ~ Laerdar helping save lives so\e SJ0 (C e. Collier County EMS 3301 Tamiami Trail East, Bldg -H Naples, FL 34112 Attention: Lugene Hamilton SiaffiMan™ 1603 Universai Patient S,mulator November 11, 2003 IJ t' arc pleawd (0 prm'i"c YOII wi,h (heInl/owing '1,li/fUrio,,: Otv. Cata/ol! # Descriotion: Price/unit 1 ea. 38 00 XX 1 ea. * 381220 3814XX 38l5XX 381800 TSV1000 381600 SIMPC Ql'oted by; Extended Laerdal SimBaby $30,000.00 $30,000.00 Pediatric Patient Simulator; Inc/udes- CD / ROM Sofware, Patient Monitor, Link box with cables, defib adapters. ai/way lubricant, IV arm SP arm, 10 leg, clothing article, directions for use & Laerdal One Year Warranty, Inservice / Education / Training 110 V Compressor * (Regulator for fixed air supply also available) included Total; $30,000.00 Optional Accessories: Regulator for "Fixed Air" Nursing Wound Modules Trauma Modules Portability Kit Video Equipment Package Transportation Cases Dell Laptop Computer $ 490.00/ea. 1,360.00/set 1,360.00/set 990.00/ea. 4,985.00/pkg. 1,020.00/ea. 3,250.00/ea. Mary Dupree - Account Executive- Training & Education 1 (800) 648-1851, Ext.2689 John Hawkins - Territory Manager - Training & Edu~'3tion 1 (800)648-l851,ext247 Shippmg; $147,00 Quote Expires; 90 Days Terms; Net 30 Days Federal ID # 13-2587752 Note; above pricing does not include sales tax, where applicable sales tax will be added to your order. t" .. l ,'(...i': ( . ,- l,.._ ,. ( I , i.',r ~ ~ l)! , 1603 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of . . ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Act!vity Number of Months After Grant Starts BeQin End Place order for SimBaby 2 months i mnnt-hi=; Traininq Division to be 1-4 mnnths 4 mnnt-hc:: trained on equipment Implement Traininq 4 months 12 II( .IIS . 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. 'T'hp pnt-; rp C:n 11 ; pr C:mmty Grant a-llo_~at ion'; is beinq used . :.--:~:--:l.":' ;'':'r:.:n~u;:r-..'::''''[1 n\, :~_,\^' flf II !'~ ..~! for the followinq: EMS equipment Any funds taken from the aforementioned would mean discontinuing those projects. DH Form 1767, Rev. 2002 7 1603 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source( s) used to component of this project. tangible personal property of a non identify the price. consumable and non expendable nature, and the normal expected life of which is 1 vear or more. SimBabv $30,000 rrraininq Requlator $ 490 For Simulations " " " Nursina Wound Module s$ 1,360 " " Trauma Modules $ 1,360 Dortabil...itv Kit S 990 " " Video Equip. Package $4,985 " " 'T',..=> r::lC::~ 51 020 For transportinq/Storaqe ~ DelJ Laptop Computer $3,250 Necessarv for operation TOTAL: $ 40,602.50 State Amount (Check applicable program) Dl: Matching: 75 Percent $ 30,451.50 o Rural: 90 Percent $ Local Match Amount (Check applicable program) KJ Matching: 25 Percent 1$ 10,151.00 o Rural: 10 Percent '$ 1 Grand Total I,;) 40,602.50 DH Form 1767, Rev. 2002 - 9 1603 19. Certification: My signature below certifies the following. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this pplication may disqualify me for this grant and, if funded, may be grounds for termination at a ater date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on ny attachments are true, correct, complete, and made in good faith. I agree that any and all information submitted in this application will become a public document pursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes material which the applicant might consider to be confidential or a trade secret. Any claim of onfidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. I accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be dvertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. I certify that the cash match will be expended between the beginning and ending dates of the rant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, pproved funds for those activities identified in the notification letter. No funds count towards atisfying this grant if the funds were also used to satisfy a matching requirement of another tate grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the activities approved as a part of this rant. cceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the bove and also accept the attached grant terms and conditions and acknowledge this by signing below. J . -JrJt-- ji!jnature of Authorized Gra Signer !Individual Identified in Item 2) IZ.2.cP DH Form 17'37, Rev. June 2002 / L MM/..l~/YY :'. oJ' r ~.,.. &1,"'; ATTES:T;\" " ',,' c,. DWIGHT.E. BROCK, CLERK .. \.to.. ~;, .u.... Deputy Clerk Attest u to Cha 1naan I s Itglltlft Oft 11. ApprOVed as to form '& legal sufficien" y 10 FLORIDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM 3 REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby. requests an EMS grant fund distribution for the improvement and expansion or continuation of pre-hospital EMS. DOH Remit Payment To: Name of AgencY:Cn 11 i pr C:nllnt-y Rn;:! rn nf r'nllnt-y r'nmm; c:;c:r; nnE'rc:; Mailing Address: 3301 Tamiami Trai 1 East Building H N.=lplpc:;. Flnr;n.=l ~411? Federal Identification Number Date Authorized Agency Official: Tom Henninq, Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health _ BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant 10 Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: Date ~lrqanization Code . 6 ~-25-60-00-000 ! , E.O. N_ DCA N2000 Obiect Cc d.,g 7___ f("deral Tax 10: VF _________ Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 "..;:~ J . C :'.~.?" /:.~~:,.' " .' ...... ". (.::. ATIeST:, . . '-/). DWlGHT'e. BROCK, CLERK ~~'i~/~ . ~ . Deputv Clerk ~ "~i to Cha irman . s liguture OR1 'J . Approved as to form & legal'sufficiency ~ r~"..Y~, ~Io~ \ C'ounty Attorney 11 16 E 2 MEMORANDUM Date: March 24, 2004 To: Scott Johnson Purchasing Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract between the Board of County Commissioners and Verizon for Cellular Communications Services & Equipment Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E2), approved by the Board of County Commissioners on December 2,2003. One original has been sent to the Finance Department and one original has been kept for the official record in Minutes and Records. Kindly forward same to the appropriate parties. If you should have any questions, please contact me at 774-8411 Thank you. 03.3551 _ "Cellular Communications Services & Equipment" Verizon 16 E 2 AGREEMENT THIS AGREEMENT, made and entered into on this 2nd day of December, 2003, by and between Verizon Wireless, Inc., hereinafter called "Verizon" or "Contractor", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" or "Customer": WIT N E SSE T H: 1. COMMENCEMENT. The Contract shall be for a two (2) year period, commencing on December 2, 2003 and terminating on December 1, 2005. The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one-year periods. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. Any subsequent extensions must be approved by the Board of County Commissioners. 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 furnish cellular phones, equipment and services in accordance with the requirements, terms and conditions of RFP No. 03.3551 and the Contractor's proposal. Special rate plans shall be negotiated as needed, dependent on County and/or Department requirements. Due to technical and/or service and product changes, as new plan options/ and/ or services are offered by the Contractor, the County shall have the option of switching, adding, and/or deleting products and/or services as required. Additional rate plans and/or services will be identified in subsequent, sequential attachments to the contract. Changes to any plans may be done at any time during the contract without penalty. Any and all accessories will be at a cost according to the then current price sheet. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal (Attachment B). Said attachment shall be considered as representative of current Contractor pricing. Any new rates and/or plans shall be made available to the County as provided in Section 2 above. Any County agency may purchase products and services under this Contract, provided sufficient funds are included in their budget(s). This contract shall include all products, and services included, but not limited to, phones, radios and all related accessories. - 1 - Payment shall be made to the Contractor not more frequently than once per monthl6 E 2 Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". 4. 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: Verizon Wireless 777 Yamato Road Boca Raton, FL 33431 Fax: 239-931-0466 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County at the following address: Collier County Government Complex Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address and/or fax numbers at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the - 2 - Contract of the Contractor. Should the Contractor fail to correct any such 1i~.tionE. .2 conduct, or practice to the satisfaction of the County within twenty-four (24) h~~fte 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 Cou nty. 8. 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 thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: 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 Liabilitv: 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: 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. Special Reauirements: 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. The Contractor shall make commercially reasonable efforts to send renewal certificates to the County thirty (30) days prior to any expiration date. In the event of cancellation or modification of any stipulated insurance coverage, the Contractor shall make commercially reasonable efforts to notify the County thirty (30) days prior to such cancellation or changes. In no event shall the County be notified less than seven (7) days prior to such cancellation or changes, or the Agreement will be subject to termination at the sole discretion of the County. 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. - 3 - - - ",,-",.-,.,_.~---~---._-,_.,.,~-,--",._--------,..,-~.~-_.,"--,- 11. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Do'lr6 E d I ($100.00), the receipt and sufficiency of which is accepte through the signing of is document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any SubContractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first one hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. THIS AGREEMENT shall be administered on behalf of the County by the Purchasing Department. Payment approval of invoices shall be the responsibility of the individual County departments. 13. 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: Contractor's Proposal, RFP No. 03-3551 "Cellular Communication Services and Equipment", Attachment B and Insurance Certificate(s). 14. 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. -4- IN WITNESS WHEREOF, the Contractor and the County, have each, rl~live~ ~ a ) 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 ,B~~4,1Itm4A-J.JJ,(1. . .:rf~ '.~, . :)"'" Ii~", / ro~t~d::.;';' .3:~P.:14'.1 : ~~~~t.~r' ~~1~n's '. 1'll'j~Il~i4l\, 1.]:..;' c;,.~~;~.:~;: :;;..~~;':<:.' BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FL RIDA By:.- Tom Henning, Chairman .f' "'1.) First Witness By: L/2- ,~()hanJ1{)J? Type/Print Witness Name r r \ ~ J d-~:l j Second Witness .3HJ r;f~~vt S Type/Print Witness Name Jack P atinq Typed Signature President-South Area Title CORPORATE SEAL (Corporations Only) '?-..t.cpj:.()rn"ht.;~ ' ,J Q,;~, ? <> .-.;; ~ ~ ~, ~5 it:- ;:&"'1 ,,\ (fJ""2J,~{\ rn..~ ott R. Teach Assistant County Attorney Item # \ ~ E. z.. t:':end3 . 2..' 2.1 03 D,:,(:) ~+ 'I'.,." ~11 ~ :~),: Ll 0-, , I,cd - 5 - "..:<",,:;,>i" RTIFIC N NYC-001910518-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN, MARSH PRODUCER MARSH USA, INC, 1166 AVENUE OF THE AMERICAS, 40TH FLOOR NEW YORK, NEW YORK 10036-2774 TEL: 212-345-3259 FAX: 212-345-0803/4268 ATTN: VIVIAN EDWARDS ELL _CELLC-VW180-2002 LB EVIDE COVER COMPANIES AFFORDING COVERAGE COMPANY A AMERICAN HOME ASSURANCE COMPANY INSURED VERIZON WIRELESS PERSONAL COMMUNICATIONS LIMITED PARTNERSHIP DBA VERIZON WIRELESS 777 YAMATO ROAD, SUITE 600 ATTN: REAL ESTATE MANAGER BOCA RATON, FL 33431 COMPANY B Insurance Co. State of Pennsylvania COMPANY C ILLINOIS NATIONAL INSURANCE CO, COMPANY D N/A THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDD/YYJ TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL L1ABILl1'\' CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT RMGL 480-5706 06/30/03 06/30/04 RMCA 661-2257 (AOS) RMCA 661-2258 (TX) RMCA 661-2260 (VA) I RMCA 661-2259 (MA) 06/30/03 06/30/03 06/30/03 06/30/03 06/30/04 06/30/04 06/30/04 06/30/04 A AUTOMOBILE LIABILITY A nx ANY AUTO A ALL OW NED AUTOS A SCHEDULED AUTOS , HIRED AUTOS S, ~:'::::-=----I I I I GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 06/30/04 06/30/04 06/30/04 06/30/04 A A B ;~~;:EO:S~~~T~CR0T1VE C . OFFICERS ARE: OTHER RMWC 521-1631 (AOS) 06/30/03 RMWC 521-1627 (CA) 106/30/03 INCL RMWC 521-1628 (FL, MA, TN, VA) 06/30/03 EXCL RMWC 521-1629 (IL, NY, WI) 06/30/03 X DESCRIPTION OF OP ERA TIDN SILOCA TlONS/VEHICLESISPECIAL ITEMS EVIDENCE OF COVERAGE CERT1FICATE HOLDER CANCELLATION SHOULD ANY OF lHE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOf, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ~__-1n DAYS WRITfEN NOTICE TO THE LIMITS GENERAL AGGREGATE $ PRODUCTS, COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ COMBINED SINGLE LIMIT $ 2,000,000 INCL 2,000,000 2,000,000 50,000 10,000 2,000,000 BODILY INJURY $ (Per person) BODILY INJURY ~-t ' (Per accident) $ PROPER1'\' DAMAGE . $ I AUTO ONLY, EA ACCIDE NT $ OTHER THAN AUTO ONLY: ~-~._---_. EACH ACCIDENT ' $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE '$ $ X WC STATU- L 10TH. TORY LIMITS -L.J'R EL EACH ACCIDENT $ 500,000 EL DISEASE,POLlCY LIMIT $ 500,000 ~--~--- EL DISEASE,EACH EMPLOYEE $ 500,000 CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NonCE SHALL IMPOSE NO OBLIGATION OR COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 EAST TAMIAMI TRAIL ATTN: SCOTT D. JOHNSON NAPLES, FL 34112 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC BY: Steven Becker MM1 (3/02) ~~ '1::>-.&- VALID AS OF: 02/03/04 02/03/2004 TUE 10:08 FAX 8132905022 VZW FL CALL CTR ~vu~ " Controller's Instructions 1.1 Verizon Wireless 16 E2 DELEGATION OF AUTHORITY FORM This form is to be used to delegate approval authority from one manager I~O another to af/ow for either temporary (i.e.. absence from the office) or ongoing delegations of approval authority. Manaaers may not further dele ate authorities which have been dele ated to them exce t for purposes of caverine temoorary {2eriods of absence. [ .... JNPIVIDUAt.,DELE,GA'TlNG ,tdJTI;lQR1TY . . ...... J Name of Delegator: Jack Plating Cost Center: 052 Activity: Signature of Delegator: Band: A Date Signed: 2.-.3. vr Title of Delegator: u "NDIV/Q/;JALTOWH.'oI'A.~ttJTHOR!Tf IS'SE;{IiIG .DELEGAiIJED . I Name of Delegate: Jason Grund Cost Center: Title of Delegate: South Area VP - Finance Band: A .. UM/T/(1]IQNS,JJF.OELEGA TE;Q.}H;JtHORITY I Authority to act is granted to the delegate within the limitations designated below. If "full delegation" is intended, please indicate. Full delegation DURATION AND TYPE OF DELEGATION Please denote whether the delegation is for a temporary time period or if it is to be ongoing: ~ Temporary Delegation 0 Ongoing Delegation ... (see below) Effective From: February 2,2004 0 Hemoval of Delegation Effective To: February 5, 2004 Effe(:;tive Date: AP.PROVAI;.S' 'I ~ **Executive VP, (Appropriate Region) 1 02/03/04 TUE 10:08 [TX/RX NO 5484] ~ 16 E2 COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING DEPARTMENT PURCHASING BUILDING "G" NAPLES,FLORIDA 34112 TEL (239) 774-8995 FAX (239) 732-0844 www.colliere:ov.net DATE: July 11, 2003 TO: Prospective Proposers FROM: Scott D. Johnson, Purchasing Agent Purchasing Department SUBJECT: RFP # 03-3551 - "Cellular Communications Services & Equipment" Pursuant to the County Manager action, The Collier County, Purchasing Department desires to receive proposals from qualified individuals or firms for Cellular Communications Service and Equipment. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and due date for proposal submission. The services shall include, but not be limited to the "Scope of Services" included in the proposal package. If you have any immediate questions regarding the Scope of Services or procedural matters, you may contact Mr. Scott D. Johnson, Purchasing Agent, Purchasing Department, at 239/774- 8995 or bye-mail atScottJohnson@colliergov.net. We look forward to your participation in this RFP process. RFP No. 03-3551- "Cellular Communications Services and Equipment" p}e E2 LEGAL NOTICE Pursuant to action approved by the Board of County Commissioners, Sealed Proposals for Cellular Communications & Equipment will be received until 3:00 p.m. local time on August 8, 2003 at the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112. RFP # 03-3551 "Cellular Communications Services & Equipment" All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal Specifications. Collier County does not discriminate based on age, race, color, sex, religion, national or 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 11, 2002. SECTION A Page 3 16 E2 RFP No. 03-3551 - "Cellular Communications Services and Equipment" GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS The Vendor 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 of whatever nature by third parties. PROPOSAL SUBMISSION: Five (5) sets of the proposal must be provided, with the oriainal clearly marked; submitted in a sealed envelope with the RFP Number, Title and Due Date clearly stated on the envelope. All proposals, including qualifications and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112 on or before 3:00 p.m. Collier County Time on August 8,2003. 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. 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. Exceptions taken by proposers may result in evaluation point deductions and/or exclusion of proposal for Selection Committee consideration, depending on extent of exception(s). Such determination shall be at the sole discretion of the Selection Committee. 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. LAWS AND REGULATIONS: It shall be understood and agreed that any and all services, ~aterials and equipment shall comply fully with all Local, State and Federal laws and regulations. _ "N,"""'___"___'~~'~______'=""'._'_~'_'_'____'____'_.____ RFP No. 03-3551- "Cellular Communications Services and Equipment" pIe6 E 2 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 Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer'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. 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. 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. NON-APPROPRIATION OF FUNDS: If funds are not appropriated for continuance of a contract to completion, cancellation will be accepted by this successful proposer on thirty (30) days prior written notice. 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 meetings of 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 sign and submit the Contract 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. 03-3551 - "Cellular Communications Services and Equipment" pag' 6 E 2 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 the official corporate seal affixed hereto. 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 County reserves the right 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 subject to rejection. 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. QUALIFICATION OF PROPOSERS: Before the award of any contract, each Proposer may be required to show, to the complete satisfaction of the County, that he has the necessary ability to furnish roadway contracting services as specified' herein in a satisfactory manner, and he may also be required to show past history and references that will enable the County to satisfy itself as to the qualifications. Failure to qualify according to the foregoing requirements will justify the County in rejecting a Proposal. PROTECTION OF THE 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 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 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 RFP No. 03-3551 - "Cellular Communications Services and Equipment" pa:l6 E 2 will have five (5) days to file a formal protest and will be given instructions as to the mrm and content requirements of the formal protest. A copy of the "Protest Policy" is available at the Office of the Purchasing Director. 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, 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 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 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. KEY PERSONNEL: The personnel named in the Proposal shall remain responsible throughout the period of this contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval being granted by Collier County. SUBCONTRACTS: No portion of the requested services may be subcontracted without the prior written permission of Collier County. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. 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. RFP No. 03-3551 - "Cellular Communications Services and Equipment" p~e6 E 2 SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. LICENSES: The Contractor, at time of bid 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 is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. 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. QUANTITIES: The quantities listed in the Contract Proposal are approximate and are for the purpose of evaluati,en only. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. TERMS OF CONTRACT: This contract will commence on the date of award by the Board of County Commissioners, and be in effect for two (2) years. CONTRACT RENEWAL: The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one-year periods. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. Additional locations may be added or deleted as needed. ADDITIONAL INFORMATION: Questions related to this proposal should be directed to: Scott D. Johnson, Purchasing Agent Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 239/774-8995 Scotti ohnson@collieqwv.net All questions must be in writing and be received no later than ten (10) calendar days prior to the 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. .~_..~.... .._~...~.~______.._~_.~._H'~'___"'_~_~__"_".__________"'_._~_._."--,_._._.,,------- RFP No. 03-3551 - "Cellular Communications Services and Equipment" Page 8 SECTION B 16 E2 SCOPE OF SERVICES Collier County is seeking proposals from qualified vendors to provide cellular telephone and support services to all County departments. The vendor will provide full time, daily service, support and maintenance of all County cellular telephones and wireless data equipment. Collier County currently has two (2) vendors providing cellular service for approximately three hundred (300) analog and digital cellular telephones in operation. This contract may utilized by other County Agencies. All existing cellular telephones will be converted to the new provider, as well as future purchases of new service and equipment. It is the County's intent to award the service under this contract to two (2) vendors. Collier County reserves the right to increase or decrease quantities and add additional departments to the Contract. PRICE/BILLING The prices quoted shall remain firm for the entire two (2) years of the contract. The awardee(s) under this contract shall provide detailed monthly billing in electrol"]ic or paper form at no cost for each cellular phone number by department. Detailed billing must include a breakdown of all fees, monthly or otherwise, by cellular phone number; including the cellular telephone number, department, user name, peak and off peak calls and minutes, incoming and outgoing calls and minutes and any discounts associated with that telephone. All outgoing calls must identify the phone number called, and include the date, time and minutes of the call. Wireless Fraud: The County will not be liable for any wireless fraud. Proposers must provide a detailed plan of how they plan to deal with fraudulent use of wireless technology, including "cloning" . Service and/or change of service shall be available on a "walk in" basis. A master billing list for all cellular telephone numbers assigned to each department shall be provided monthly to the using department with a total air time and cost of service. CELLULAR COMMUNICATION SERVICES The following requirements are listed to assist Proposers in understanding the county's objectives and submitting a thorough response. All interested Proposers must speak to their ability to meet the following requirements. Proposals submitted must reflect in detail the inclusion of these requirements as well as the degree to which they can be provided. 1. Provide activation services to initiate air-time. 2. Provide twenty-four (24) hour, seven (7) day technical service for cellular communication service and maintenance at no additional charge, subject to specified terms and conditions of the acquired equipment. 3. Provide and perform routine preventive maintenance service as may be appropriate by making such adjustments, repairs, and replacement (or recommend the replacement of) such parts as may be required to put the equipment in good working order. 4. Provide loaner equipment, at no charge to the County, in the event that service center repairs are necessary. RFP No. 03-3551 - "Cellular Communications Services and Equipment" Par 6 E 5. On certain emergency occasions, i.e., hurricanes, fires, etc., provide celluiar communication 2 service for specified (billable) time periods (one week, thirty days, ninety days, etc.) at the proposed rates without special penalty to the County. 6. Provide general customer service and sales service for the account which may include: sales calls to various County departments; demonstrating equipment to prospective users; providing follow-up of completed sales to determine satisfaction with equipment/service; training in the use of the equipment after delivery of purchased equipment; providing data relevant to the County's management of the account and usage history; and apprising the County of special rate plans for County employee access. 7. Understand that preference will be given to vendors proposing the following features at NO CHARGE to the County: Provide the first (151) phone, service activation, call forwarding, call waiting, 3-way calling, detail billing, caller 10, unlimited text messaging and voice mail retrieval. 8. Provide rate reduction plans for County phones as introduced. 9. Provide rates for high use departments within Collier County. We currently have eight (8) departments that utilize our high use quote with bundled minutes. 10. Provide rates for national coverage. 11. Discount accessory price, twenty five (25%) is requested. DATA COMMUNICATIONS: The following requirements are listed to assist Proposers in understanding the county's objectives and submitting a thorough response. All interested Proposers must speak to their ability to meet the following requirements. Proposals submitted must reflect in detail the inclusion of these requirements as well as the degree to which they can be provided. 1. Services must be compliant with Windows 2000 and Windows XP 2. Minimum data rate acceptable is 100KBPS 3. Support for Cisco VPN Client 4. Ability to block Internet access and optional direct dedicated data circuit for our subscribers 5. For Non data devices shall meet the following criteria: a. Voice and text paging b. Digital cameras c. Pocket PC client for full Outlook Client synchronatzation d. GPS (with ability to access this data without using a service) e. PC Card with optional external antenna SOLUTION OPTIONS Refurbished equipment will not be considered for purchase. Only vendors proposing both equipment and air service time will be considered. The goals of this contract are: 1. To provide a cellular phone solution with use of two-way radios in use by various departments. The County is looking for a solution that would allow each group to have the ability to communicate with other members of the group individually or as a group call. This solution will not be Countywide and will not replace the County's private radio network. Collier County is requesting that users issued cellular phones have the ability to directly communicate with other county personnel via radio transmission on the cellular unit. 2. To provide cellular phone coverage only, both regular and high end use. RFP No. 03-3551- "Cellular Communications Services and Equipment" pagt6 3. To provide remote data coverage to those departments who have a need. This is to include email capacity through Collier County system. E2 Your proposal should detail how you would address each of the above objectives. Multiple solutions are allowed. Provide detail on the methodology and technology proposed. Non- proprietary solutions will be preferred. The County will consider trade proposals. SECTION C EVALUATION CRITERIA 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. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Should both the Purchasing Agent and Project Manager be appointed to the committee as voting members, such meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. 5. Prior to the first meeting of the selection committee, the Purchasing Agent 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 will compile individual ranki.ngsfor each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). The final recommendation will be decided based on review of scores and consensus of committee. 7. Contracts will be presented to the Board of County Commissioners for approval. Proposer's Qualifications 1. All proposers must be primarily engaged in providing the services outlined in these specifications. 2. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is an essential criterion in the qualifying process. RFP No. 03-3551 - "Cellular Communications Services and Equipment" Page 11 3. The County reserves the right to check all references furnished and consider th,l.Q,ns4 2 received in determining the award of this proposal. 4. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their area of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent personnel will be utilized in the performance of the Contract. Submission and Evaluation of Proposals Qualified firms interested in providing the services described are required 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 and/or subtraction of points in the area(s) where required information is missing. The proposer may provide information in addition to the information requested; however, the additional informa!ion shall be placed at the end of the proposer's submittal in a section separated from the remainder of the proposal. ReQuired Submittals In responding to this proposal, each proposer shall submit the following: 1. Customer Support (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the following requirements: A. Company profile to include years of service, financial stability, proprietary innovations and acquisitions. B. Provide at least three (3) business references (excluding Collier County) with contact name, telephone number, address and e-mail address. C. Dedicated Sales and Service representatives with toll-free telephone number, e- mail address and cellular telephone number. D. Implementation and on-going training seminars as needed for new equipment and services. 2. Customer Service and Technical Support (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the County with multiple options for service and support. The using agencies will decide on the following options that best suit their needs: A. Toll-free telephone and facsimile numbers for ordering items. B. Upgrade pricing for upgraded units from base unit. C. Hard copy and online catalogs offering complete line of Vendor's products. D. Knowledge of core products offered to the County. E. Retail store(s) located in the greater Naples metropolitan area. 3. System Rating (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the following information for service requirements to all using agencies within the County: A. Percentage of "Blocked Calls". B. Percentage of "Dropped Calls". C. Priority switching for emergency situations (i.e. hurricanes, fires, ect.) D. Emergency same day system problem resolution. RFP No. 03-3551 - "Cellular Communications Services and Equipment" Page 12 E. Engineering map of system within Coliier County to show basicl6. of 2 coverage. 4. Invoicing and Response Time to Orders (maximum 10 points): Ratings will be based on Vendor's ability to provide the following requirements: A. Invoicing/Summary billing options. B. Credit procedure. C. Ability to handle VISA purchasing card orders. D. Vendor's ideas to streamline payment process. 5. Pricing (maximum 30 points): Ratings will be based on the Vendor's ability to provide pricing for the following items: A. Nationwide calling with no Roaming or Long Distance, Mobile-to-Mobile calling or Direct Connect. B. Statewide calling with no Long Distance, Mobile-to-Mobile calling or Direct Connect. C. Local area calling with no Long Distance, Mobile-to-Mobile or Direct Connect. D. Shared rate plans with no Long Distance, Mobile-to-Mobile or Direct Connect E. Data service plans for basic service to meet minimum requirements. F. Data pricing for optional Fixed IP addresses. G. Data pricing for unlimited transfer bytes or pooled plans. Total maximum available points: 100 Supplemental Information 1. Proposer Qualification Form (page 13). 2. Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available (page 14). 3. Insurance Requirements Certification (page 15). 4. Proposer's Checklist (page 16). 5. Proposer Declaration Statement (page 17). ._._------~_..._-- PROPOSERS QUALIFICATION FORM pagel3 16 E2 RFP No. 03-3551- "Cellular Communications Services and Equipment" Firm Name: Address: City: Telephone: FAX#: State. Zip ) ) Type of Work: Type of Firm: CorporationlYears in Business: PartnershiplYears in Business: Sole ProprietorshiplYears in Business: Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed Number of Personnel in Organization: Administrative: Professional: Office: Shop: Field: References: Bank(s) Maintaining Account(s): Proposer shall provide at least three (3) references where similar work was performed. Name of Entitv: Address: Tel.# Work Performed: Contact Person E-mail RFP No. 03-3551- "Cellular Communications Services and Equipment" Page 14 PROPOSERS QUALIFICATION FORM (Continued) 16 E2 Name of Entity: Address: Tel.# Work Performed: Contact Person E-mail Name of Entity: Address: Tel.# Work Performed: Contact Person E-mail Have you, at any time, failed to complete a project? Dyes 0 no Are there any judgments, claims or suits pending or outstanding bY or aqainst you? Dyes 0 no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: 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. 03-3551 - "Cellular Communications Services and Equipment" Page 15 COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS 16 E2 INSURANCE TYPE REQUIRED LIMITS ~ 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. ..-6- 2. Commercial General Liability (Occurrence Form) patterned after the 1998 I.S.0. form with no limiting endorsements. Bodily Iniury & Property Damage $1,000,000 Single Limit Per Occurrence ~ 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an 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) or money received on the contract price is considered as payment of this obligation by the County. ~ 4. Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ -0- $ -0- ~ 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. ~ 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. ~ 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 ~ 9. Thirty (30) Days Cancellation Notice is required. ~ 10. The Certificate must state the Bid 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. Insurance Agency Bidder Signature of Bidder Signature of Bidder's Agent RFP No. 03-3551- "Cellular Communications Services and Equipment" Page 16 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department 16 E2 PROPOSERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your 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 reauired, 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 Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. 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 ooenina 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 DECLARATION STATEMENT pa~6 E2 RFP No. 03-3551- "Cellular Communications Services and Equipment" FROM: DATE DUE: AU!:lust 8, 2003 @ 3:00 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO.03-3551 - "Cellular Communications Services and Equipment" 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 fair 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 #03-3551 as issued by Collier County on July 11, 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 2003 in the County of our names on this in the day State of Firm's Complete Legal Name Check one of the following: o o o o Sole Proprietorship Corporation or P A State of: ' Limited Partnership General Partnership Phone No. FAX No. Add ress City, State, Zip BY: Typed and Written Signature Title NON-PROPOSER'S RESPONSE Page 18 16 E2 RFP No. 03-3551- "Cellular Communications Services and Equipment" 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 Scott D. Johnson, Purchasing Agent, Collier County Government Center, Purchasing Building "G", 3301 Tamiami Trail East, Naples, Florida 34112. Please indicate "NO PROPOSAL" on the outside of the envelope. We are not responding to this RFP for the following reason(s): o Services or materials requested not manufactured by us or not available to our company; o Our services or materials do not meet specifications; o Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or o Insufficient time allowed for preparation of RFP; o Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) FAX ( ) By: Signature of Representative Attachment "B" 16 E2 400 .45 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% Weekend Minutes 500 .40 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% $49.99 Weekend Minutes $37.49 700 .40 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% $59.99 Weekend Minutes AND 100 Bonus Minutes $44.99 America's Choicesm 1100 .35 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% $79.99 1100 Weekend Minutes AND 100 Bonus Minutes $59.99 America's Choicesm 1500 .25 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% $99.99 1500 Weekend Minutes AND 100 Bonus Minutes $74.99 America's Choicesm 2400 .25 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% $149.99 2400 Weekend Minutes AND 100 Bonus Minutes $112.49 America's Choicesm 3400 .20 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% $199.99 3400 Weekend Minutes AND 100 Bonus Minutes $149.99 5400 .20 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% Weekend Minutes AND 100 Bonus Minutes --_.__.~~-_._,----~-,._.._...__.._--' . ___",.,,,,__,,"_"_~'''O'' "_~~__,,,__,_,,_,,~_" Attachment "B" 16 E2 National SingleRateSm 150 150 .40 None 25% $35.00 $26.25 National SingleRateSm 400 400 .35 None 25% $55.00 $41.25 National SingleRateSm 600 600 .35 None 25% $75.00 $56.25 National SingleRateSm 900 900 .25 None 25% $100.00 $75.00 National SingleRateSm 1500 1500 .25 None 25% $150.00 $112.50 National SingleRateSm 2000 2000 .20 None 25% $200.00 $150.00 National SingleRateSm 3000 3000 .20 None 25% $300.00 $225.00 Local DigitalChoiceR 500 500 .45 1000 Anytime Mobile-to-Mobile AND Unlimited Night & 25% $39.99 Weekend Minules AND 100 Bonus Minules $29.99 Local DigitalChoiceR 700 700 .40 1000 Anytime Mobile-la-Mobile AND Unlimited Night & 25% ~ Weekend Minutes AND 300 Bonus Minutes $37.49 Local DigitalChoiceR 800 800 .40 1000 Anytime Mobile-la-Mobile AND Unlimited Night & 25% $59.99 Weekend Minutes AND 500 Bonus Minutes $44.99 Local DigitalChoiceR 1100 1100 .35 1000 Anytime Mobile-la-Mobile AND Unlimited Night & 25% $n.99 Weekend Minutes AND 500 Bonus Minutes $59.99 Local DigitalChoiceR 1400 1400 .25 1000 Anytime Mobile-la-Mobile AND Unlimited Nighl & 25% $99.99 Weekend Minutes AND 500 Bonus Minutes $74.99 Local DigitalChoiceR 2700 2700 .25 1000 Anytime Mobile-la-Mobile AND Unlimited Nighl & 25% $149.99 Weekend Minutes $112.49 Local DigitalChoiceR 3500 3500 .20 1000 Anytime Mobile-la-Mobile AND Unlimited Nighl & 25% Weekend Minutes AND 200 Bonus Minutes MEMORANDUM 1.6 [2 Date: March 24, 2004 To: Scott Johnson Purchasing Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract between the Board of County Commissioners and Nextel for Cellular Communications Services & Equipment Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E2), approved by the Board of County Commissioners on December 2, 2003. One original has been sent to the Finance Department and one original has been kept for the official record in Minutes and Records. Kindly forward same to the appropriate parties. If you should have any questions, please contact me at 774-8411 Thank you. 03-3551 _ "Cellular Communications Services & Equipment" Nextel AGREEMENT 16 E2 THIS AGREEMENT, made and entered into on this 2nd day of December, 2003, by and between Nextel South Corp. d/b/a/ Nextel Communications, hereinafter called "Nextel" or "Contractor", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" or "Customer": WIT N E SSE T H: 1. COMMENCEMENT. The Contract shall be for a two (2) year period, commencing on December 2, 2003 and terminating on December 1, 2005. The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one-year periods. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. Any subsequent extensions must be approved by the Board of County Commissioners. 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 furnish cellular phones, equipment and services in accordance with the requirements, terms and conditions of RFP No. 03-3551 and the Contractor's proposal, including Attachments A, and 2, 3 and 4 hereto attached and made an integral part of this Agreement. Special rate plans shall be negotiated as needed, dependent on County and/or Department requirements. Due to technical and/or service and product changes, as new plan options and/or services are offered by the Contractor, the County shall have the option of switching, adding, and/or deleting products and/or services as required. Additional rate plans and/or services will be identified in subsequent, sequential attachments to the contract. Changes to any plans may be done at any time during the contract without penalty. Any and all accessories will be at a cost according to the then current price sheet. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal (Attachment B). Said attachment shall be considered as representative of current Contractor pricing. Any new rates and/or plans shall be made available to the County as provided in Section 2 above. Any County agency may purchase products and services under this Contract, provided sufficient funds are included in their budget(s). This contract shall include all products, and services included, but not limited to, phones, radios and all related accessories. - 1 - Payment shall be made to the Contractor not more frequently than once per montl16 E 2 Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". 4. 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: Nextel South Corp d/b/a Nextel Communications 2001 Edmund Halley Drive Reston, VA 20191 703-433-4996 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County at the following address: Collier County Government Complex Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address and/or fax numbers at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, - 2 - 16 E2 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. 8. TERMINATION: In the event either party fails to comply with any material provision of this Agreement, then the other party may terminate the Agreement upon notice to the non-complying party after giving the non-complying party at least seven (7) days prior written notice of the non-compliance and a seven (7) day opportunity to cure, if the non- compliance remains uncured after such period. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $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 $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Reauirements: 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. 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. - 3 - 16 E2 11. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any SubContractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first one hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. THIS AGREEMENT shall be administered on behalf of the County by the Purchasing Department. Payment approval of invoices shall be the responsibility of the individual County departments. 13. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, RFP No. 03-3551 "Cellular Communication Services and Equipment" , Attachments A and B and Insurance Certificate(s). 14. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. - 4- IN WITNESS WHEREOF, the Contractor and the County, have each, respectivJ,~y a E 2 authorized person or agent, hereunder set their hands and seals on the date and year first above written. BY:~1J:'.~:~i~~~ .JJG '-" .. ",.. :.\ Dat€,C!r'~'~':f ~:y .~~. C,' .~ -I ,,>, ''IS", I)' .'~ :" t~: ,.:'.-. ,'I \:,' . ~. ~ ty.s t' ':&.$ to' '1 MIin · S - 1 't....... \ 1'~.' <">;> . S ~I. Y'l" ~". .' .,t>;:,. . <'<1;'.> - '. ,'~.-..r:r:;~~' u'J; ("" tl (" ~~" BOARD OF COUNTY COMMISSIONERS COLLIER YUNTY, ORIDA By: :J1}i. Tom Henning, Chairman ATTEST: Dwight E. Brock, Clerk of Courts Nextel South COrD. Contractor First Witness By: ,~#~~ Slgnatu , Rexford R. Gile. III Type/Print Witness Name '1~d~ H. Leon Frazier Typed Signature Vice President Title Frank Gatto Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and 1::~tpr L Scott R. Teach Assistant County Attorney Item# Ib r:... ~ Agenda I? I .., / ~ ~ Date ~ D~:" 11.., ul ,.., R~~:d 3~ '( - 5 - RFP 03-3551 "Cellular Communications Services & Equipment" 16 E2 Attachment A The following changes to Nextel's Proposal Appendix A - "Response to County-Proposed Terms" have been mutually agreed-upon by both parties. Revised language is in blue, deleted language is ctruok through. All other aspects of Nextel's Proposal remain unchanged. Paae 54 - Chanaes to read as follows: Taxes: Customer must pay all applicable federal, state and local taxes, fees, surcharges, and other assessments (collectively, "Charges") that are imposed on transactions subject to this Agreement. and that tho Cuctomor dooc not pro,..ido a valid and proporly oxooutod documontation of the oortifioato roforenood in this: provicion. Customer will be responsible for such Charges regardless of whether the Charge is: (a) imposed upon the sale of telecommunications services, other services, equipment, and/or other products; (b) measured by gross receipts from sales made by Nextel to Customer; (c) imposed upon the Customer or upon Nextel; (d) imposed as a per-line or per-unit Charge. Such Charges include, but are not limited to: excise taxes; sales and transaction taxes; gross receipts taxes, utility taxes; universal service assessments; telephone relay service (TRS) assessments; and other regulatory fees and assessments. Customer shall not be responsible for taxes imposed on Nextel's net income. Customer must provide Nextel with the exemption before such exemption shall become effective. Assianment: 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 notification of such intent. Nextel will make commercially reasonable efforts to provide notification to the County at least sixty (60) days prior to such assignment. Consent to such assignment shall be subject to the approval of the Board of County Commissioners. Termination: Change the following: In the event either party fails to comply with any material provision of this Agreement, then the other party may terminate the Agreement upon notice to the non-complying party after giving the non- complying party at least thirty (30) seven (7) days prior written notice of the non-compliance and aFl seven (7) day opportunity to cure, if the non-compliance remains uncured after such period. Customer shall be liable for fees and charges incurred for services prior to the effective date of termination. Purchase of a Nextel Subscriber Handset unit establishes a subscriber unit minimum service agreement of twelve (12) months from date of purchase. Early tormination prior to tho ond of tho tv.-olvo (12) month poriod is cubjoot to a $200 oarly tormination foo por handsot unit. Paae 55 - Changes to read as follows: Termination {continued}: Delete the following from paragraph 3: "and may bo roquirod to pay ohargos impocod in oonnootion \vith cuoh tormination by any providors: who oontraotod dirootly with Noxtol. Pluc, purohaco of a Noxtol Subs:oribor Handsot unit ostablichos: a cubsoribor unit minimum s:orvioo agroomont of tv.-olvo (12) monthc from dato of purohaco. Early tormination prior to tho ond of tho t\vol'lo (12) month poriod is s:ubjoot to a $200 oarly tormination foo per handset unit." - 6- Kev Personnel: Clarify as follows: 16 E2 Personnel assigned to service and support the Customer under this Agreement may be changed at the discretion of Nextel provided that (1) replacements have substantially the same or better qualifications or experience and (2) that the Customer is notified in writing as far in advance as possible, but Nextel shall make commercially reasonable efforts to notify Customer within seven (7) days of the change. At the request of the Customer, Nextel will submit a resume of the proposed replacement to the Customer, with final approval of the proposed replacement being granted by Collier County. Customer will not unreasonably withhold such approval. Substitute Performance: Not applicable to this contract Paae 57 Additional Provisions Delete Items 1 (a) and (b) under "Purchase Orders" in their entirety. Paae 58 Delete Items 2 (b) and (c) under "Payment" in their entirety. Change item 4 (a) under "Use of Service" as follows: (a) Customer user personnel shall be required to use the Service in accordance with Collier County CMA Instruction 5501 "Cellular Telephone Policy/Procedure". - 7- z 8 m r-: lJ Ql co (1) w Q;) G) o Cii :3 :3 (1) ~ > (") (") o t:: ;:, Cii g~~ii~~~;~:~~~~W;~f ~ ;().':.~~5~ &~!i.~;~;:lg- o' o"2,;;f]ooCC.2Ci::toQ"'2.5.. :J' ~ii3! ~~tfliI:~~i!: ~ ~ 6. II 0': !:.: :l 0;:: =' t... C'J .. :J (;;; ~.. < 9~iS~~ ~;:'ct~gt:;.~o~.~ c" . i!. c.. 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C ~ ~ A o ~ Marsh USA Inc 12/16/2003 9:41 PAGE 2/2 RightFax PRODUCER MARSH USA, INC. 125523RD STREETNW. SUllE 0400 WASHINGTON D.C.20037 AUn: FRANK MILLS T 202 263 7600 THIS CERTFICATE IS ISSUED AS A MATTER OF INFORMAllON ON NO RIOHTlI UPON THE CERTIFICATE HOLDER OTHER THAN THOSE POLICY. THI8 CERTIFICATE DOE8 NOT AMEND, EXTEND OR AL TE' AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 15780-2001-2 ?????? RG CO\/IPANV A ZURICH AMERICAN INSURANCE COMPANY INSURED NEXTEL COMMUNICATIONS, INC. 2001 EDMUND HALLEY DRIVE RESTON, VA 20191-3421 CO\/IPJlNY B NATIONAL UNION FIRE INSURANCE COMPANY (AIG) CO\/I I' JlNY C STEADFAST INSURANCE COMPANY CO\/IP JlNY D THIS IS TO ceRTIFY THf.T pQ.IOES OF INaJRANce DESCRIBED HEReiN HAve BEEN IS5lJED TO THE INSJRED NJlMED HEREIN FOR THE pQ.ICY PERIOD INDICATED NOTWTHSTANDING ANY REQUIREMENT, TE!RM OR CONDITlOII OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTJIIN, THE INaJRlINce ""FORDED BY THE POUOES DESCRIBED HEREIN IS SUBJECT TO JILL THE TERMS, CONDITIONS IIND EXClUSONS OF SUCH POLICIES AGGREGATE LIMITS ::HOW MAY HAve BEEN REDUceD BY PIIID o..J\IMS. CO lVPE OF INSURANCE POLICY NUMBER POLICY EFFECllVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDNV) DATE (MM/DDNV) C OENERAL UABILllV GLO 2984461-00 04101/03 04101/04 GENERAl AGGREGATE! $ 2,000,000 C COMMEROJIL GENERAL LIABILITY GLO 2984462-00 04/01/03 04101/04 PRODUCTS - CO\/IP lOP AGG $ 2,000,000 o..J\IMS MJlOE [KJ OCQJR PERs:JNAL & ADVINJURY $ 1,000,000 ONNER'S & COIITRACTOR'S pROT EACH OCCURRENCE $ 1,000,000 $ 250,000 $ 10,000 A .ALlTOMOBLE LIABIUTY BAP 2984147-02 (ALL STATES) 04101/03 04101/04 $ 2,000,000 CO\/IBINED SNGLE LIMIT A X /'NY /\UTO MA 2984148-02 (MA) 04/01/03 04101/04 A x JIl L ONNED AUTOS TAP 2984149-02 (TX) 04101/03 04/01/04 BODILY INJURY $ A X SCHEDULED AUTOS BAP 2984150-02 (VA) 04101/03 04/01/04 (por per"",,) X HIRED /\UTOS 80DILVIN.J.JRV $ X NOII-owNED AUTOS (Per """IdeM!) X ARAGEKEEPER'S L1ABILI PROPERTY DIII\IIAGE $ OARoIIOE LlABILllV AUTO ONLY _EAACCIDENT $ . .~~'. ....N-....._..~~~..~..~....~._~.....~.-.............................................. ANY AlITO OfHFR THAN AlITO ONI y' ~ww~vt:mr.=tW##?i.~1#~W~~~ EACH ACODENT $ AGGREGATE $ B EXCESS LlABlLllY BE2B601 63 04101/03 04101/04 EACH OCCURRENce $ 4,000,000 X UMBRELLAFCRM AGGREGATE $ 4,000,000 OTHFR THAN LJIIIIRRFII A FORM $ A EMPLOYERS' LIABILITY 'We 2984144-02 (RETRO) 04101/03 04101/04 :~x~":,.{- .^.~>>%:~~;..~#:.:,.~>>}flt~,"5:!;.-;,~~~*f: A we 2984145-02 (OED.) 04/01/03 04101/04 $ 1,000,000 THE PROPRIETOR! X INo.. FI nl!Y'A!Y'-PO IC:V liMIT $ 1,000,000 pAATNERS'C><ECUTlve a=FICERS lIRE: EXo.. EL DISEASE-EIICH EMPLOYEE $ 1,000,000 DESCR..TKlN OF OPERATION8'LOCA1l0NSNEHICLES'SPECllIL ITEIIS EXCEPT FOR WORKERS' COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS ADDITIONAL INSURED AS REQUIRED BY LEASE OR CONTRACTUAL AGREEMENT. RE: CANCELLATION CLAUSE STATING THIRlY (30) DAYS, COLLIER COUNlY GOVERNMENT ATIN: SCOlT JOHNSON, PURCHASING AGENT 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 IHO\A.D AI<N OF THE pOl.ICleS DeSCRIBeD HEReiN Be CANCELLeD BeFORe THe eXPIRATION DATe THEReOF. THI! INSlftER Al'l'ORDING COVEMO!' IMLL ENDEAVOR TO M'\IL ~ DAYS WRI~N NOTICE TO THE CFRTIFIC'.ATF HO nFR NAu=n t-FFU=IN, AUT FAll URF TO MAil ~J(".H NOTICF .!=;HAil If\F01iF NO OPlIIOAT\("J\I 0::1 UABILITYOF IINVKIND UPONTHE INSJReR AFFORDING COoIeRAGE, ITS AGeNTS OR RePRelENTATlve" OR THE ISSUEf\ OF THSCEf\TIFlCATE. MARSH USA INC. BY: Anita K. Delarue -2ff6i03"'"'''''''W''' ~ 16 E2 / COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING DEPARTMENT PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 TEL (239) 774-8995 FAX (239) 732-0844 www.colliere:ov.net DATE: July 11, 2003 TO: Prospective Proposers FROM: Scott D. Johnson, Purchasing Agent Purchasing Department SUBJECT: RFP # 03-3551 - "Cellular Communications Services & Equipment" The Collier County, Purchasing Department desires to receive proposals from qualified individuals or firms for Cellular Communications Service and Equipment. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and due date for proposal submission. The services shall include, but not be limited to the "Scope of Services" included in the proposal package. If you have any immediate questions regarding the Scope of Services or procedural matters, you may contact Mr. Scott D. Johnson, Purchasing Agent, Purchasing Department, at 239/774- 8995 or bye-mail atScottJohnson@colliergov.net. We look forward to your participation in this RFP process. LEGAL NOTICE paget6 E 2 RFP No. 03-3551 - "Cellular Communications Services and Equipment" Pursuant to action approved by the Board of County Commissioners, Sealed Proposals for Cellular Communications & Equipment will be received until 3:00 p.m. local time on August 8, 2003 at the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112. RFP # 03-3551 "Cellular Communications Services & Equipment" All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal Specifications. Collier County does not discriminate based on age, race, color, sex, religion, national or 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 11, 2002. RFP No. 03-3551 - "Cellular Communications Services and Equipment" Page 3 SECTION A 16 E2 GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS The Vendor 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 of whatever nature by third parties. PROPOSAL SUBMISSION: Five (5) sets of the proposal must be provided, with the original clearlv marked; submitted in a sealed envelope with the RFP Number, Title and Due Date clearly stated on the envelope. All proposals, including qualifications and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112 on or before 3:00 p.m. Collier County Time on August 8, 2003. 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. 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. Exceptions taken by proposers may result in evaluation point deductions and/or exclusion of proposal for Selection Committee consideration, depending on extent of exception(s). Such determination shall be at the sole discretion of the Selection Committee. 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. 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. RFP No. 03-3551 - "Cellular Communications Services and Equipment" page! 6 E' 2 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 Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer'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. 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. 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. NON-APPROPRIATION OF FUNDS: If funds are not appropriated for continuance of a contract to completion, cancellation will be accepted by this successful proposer on thirty (30) days prior written notice. 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 meetings of introduction, luncheons, dinners, etc. During the process, from Proposal closina 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 sign and submit the Contract 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. 03-3551 _ "Cellular Communications Services and Equipment" Page 5 SIGNATURE OF PROPOSER: The proposer must sign the Proposal in the spaces P16d E 2 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 the official corporate seal affixed hereto. 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 County reserves the right 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 subject to rejection. 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. QUALIFICATION OF PROPOSERS: Before the award of any contract, each Proposer may be required to show, to the complete satisfaction of the County, that he has the necessary ability to furnish roadway contracting services as specified herein in a satisfactory manner, and he may also be required to show past history and references that will enable the County to satisfy itself as to the qualifications. Failure to qualify according to the foregoing requirements will justify the County in rejecting a Proposal. PROTECTION OF THE 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 orior to 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 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 RFP No. 03-3551 - "Cellular Communications Services and Equipment" page~~ will have five (5) days to file a formal protest and will be giv~n instructi~ns" ~s to t~e f d content requirements of the formal protest. A copy of the Protest Policy IS avallabl'a he Office of the Purchasing Director. E2 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, 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 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 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. KEY PERSONNEL: The personnel named in the Proposal shall remain responsible throughout the period of this contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval being granted by Collier County. SUBCONTRACTS: No portion of the requested services may be subcontracted without the prior written permission of Collier County. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. 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. RFP No. 03-3551 - "Cellular Communications Services and Equipment" pagel6 E 2 SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. LICENSES: The Contractor, at time of bid 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 is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. 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. QUANTITIES: The quantities listed in the Contract Proposal are approximate and are for the purpose of evaluation only. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. TERMS OF CONTRACT: This contract will commence on the date of award by the Board of County Commissioners, and be in effect for two (2) years. CONTRACT RENEWAL: The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one-year periods. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. Additional locations may be added or deleted as needed. ADDITIONAL INFORMATION: Questions related to this proposal should be directed to: Scott D. Johnson, Purchasing Agent Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 239/774-8995 ScottJohnson@colliergov.net All questions must be in writing and be received no later than ten (10) calendar days prior to the 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. SECTION B Page 8 1.6 E 2 RFP No. 03-3551 - "Cellular Communications Services and Equipment" SCOPE OF SERVICES Collier County is seeking proposals from qualified vendors to provide cellular telephone and support services to all County departments. The vendor will provide full time, daily service, support and maintenance of all County cellular telephones and wireless data equipment. Collier County currently has two (2) vendors providing cellular service for approximately three hundred (300) analog and digital cellular telephones in operation. This contract may utilized by other County Agencies. All existing cellular telephones will be converted to the new provider, as well as future purchases of new service and equipment. It is the County's intent to award the service under this contract to two (2) vendors. Collier County reserves the right to increase or decrease quantities and add additional departments to the Contract. PRICE/BILLING The prices quoted shall remain firm for the entire two (2) years of the contract. The awardee(s) under this contract shall provide detailed monthly billing in electronic or paper form at no cost for each cellular phone number by department. Detailed billing must include a breakdown of all fees, monthly or otherwise, by cellular phone number; including the cellular telephone number, department, user name, peak and off peak calls and minutes, incoming and outgoing calls and minutes and any discounts associated with that telephone. All outgoing calls must identify the phone number called, and include the date, time and minutes of the call. Wireless Fraud: The County will not be liable for any wireless fraud. Proposers must provide a detailed plan of how they plan to deal with fraudulent use of wireless technology, including "cloning" . Service and/or change of service shall be available on a "walk in" basis. A master billing list for all cellular telephone numbers assigned to each department shall be provided monthly to the using department with a total air time and cost of service. CELLULAR COMMUNICATION SERVICES The following requirements are listed to assist Proposers in understanding the county's objectives and submitting a thorough response. All interested Proposers must speak to their ability to meet the following requirements. Proposals submitted must reflect in detail the inclusion of these requirements as well as the degree to which they can be provided. 1. Provide activation services to initiate air-time. 2. Provide twenty-four (24) hour, seven (7) day technical service for cellular communication service and maintenance at no additional charge, subject to specified terms and conditions of the acquired equipment. 3. Provide and perform routine preventive maintenance service as may be appropriate by making such adjustments, repairs, and replacement (or recommend the replacement of) such parts as may be required to put the equipment in good working order. 4. Provide loaner equipment, at no charge to the County, in the event that service center repairs are necessary. RFP No. 03-3551 - "Cellular Communications Services and Equipment" Page 16 E 2 5. On certain emergency occasions, i.e., hurricanes, fires, etc., provide cellular communication service for specified (billable) time periods (one week, thirty days, ninety days, etc.) at the proposed rates without special penalty to the County. 6. Provide general customer service and sales service for the account which may include: sales calls to various County departments; demonstrating equipment to prospective users; providing follow-up of completed sales to determine satisfaction with equipment/service; training in the use of the equipment after delivery of purchased equipment; providing data relevant to the County's management of the account and usage history; and apprising the County of special rate plans for County employee access. 7. Understand that preference will be given to vendors proposing the following features at NO CHARGE to the County: Provide the first (1st) phone, service activation, call forwarding, call waiting, 3-way calling, detail billing, caller 10, unlimited text messaging and voice mail retrieval. 8. Provide rate reduction plans for County phones as introduced. 9. Provide rates for high use departments within Collier County. We currently have eight (8) departments that utilize our high use quote with bundled minutes. 10. Provide rates for national coverage. 11. Discount accessory price, twenty five (25%) is requested. DATA COMMUNICATIONS: The following requirements are listed to assist Proposers in understanding the county's objectives and submitting a thorough response. All interested Proposers must speak to their ability to meet the following requirements. Proposals submitted must reflect in detail the inclusion of these requirements as well as the degree to which they can be provided. 1. Services must be compliant with Windows 2000 and Windows XP 2. Minimum data rate acceptable is 100KBPS 3. Support for Cisco VPN Client 4. Ability to block Internet access and optional direct dedicated data circuit for our subscribers 5. For Non data devices shall meet the following criteria: a. Voice and text paging b. Digital cameras c. Pocket PC client for full Outlook Client synchronatzation d. GPS (with ability to access this data without using a service) e. PC Card with optional external antenna SOLUTION OPTIONS Refurbished equipment will not be considered for purchase. Only vendors proposing both equipment and air service time will be considered. The goals of this contract are: 1. To provide a cellular phone solution with use of two-way radios in use by various departments. The County is looking for a solution that would allow each group to have the ability to communicate with other members of the group individually or as a group call. This solution will not be Countywide and will not replace the County's private radio network. Collier County is requesting that users issued cellular phones have the ability to directly communicate with other county personnel via radio transmission on the cellular unit. 2. To provide cellular phone coverage only, both regular and high end use. RFP No. 03-3551 - "Cellular Communications Services and Equipment" page16 E2 3. To provide remote data coverage to those departments who have a need. This is to include email capacity through Collier County system. Your proposal should detail how you would address each of the above objectives. Multiple solutions are allowed. Provide detail on the methodology and technology proposed. Non- proprietary solutions will be preferred. The County will consider trade proposals. SECTION C EVALUATION CRITERIA 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. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Should both the Purchasing Agent and Project Manager be appointed to the committee as voting members, such meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. 5. Prior to the first meeting of the selection committee, the Purchasing Agent 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 will compile individual ran kings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). The final recommendation will be decided based on review of scores and consensus of committee. 7. Contracts will be presented to the Board of County Commissioners for approval. Proposer's Qualifications 1. All proposers must be primarily engaged in providing the services outlined in these specifications. 2. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is an essential criterion in the qualifying process. RFP No. 03-3551- "Cellular Communications Services and Equipment" Page 1'fi1 6 t 3. The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. E2 4. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their area of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent personnel will be utilized in the performance of the Contract. Submission and Evaluation of Proposals Qualified firms interested in providing the services described are required 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 and/or subtraction of points in the area(s) where required information is missing. 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. Required Submittals In responding to this proposal, each proposer shall submit the following: 1. Customer Support (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the following requirements: A. Company profile to include years of service, financial stability, proprietary innovations and acquisitions. B. Provide at least three (3) business references (excluding Collier County) with contact name, telephone number, address and e-mail address. C. Dedicated Sales and Service representatives with toll-free telephone number, e- mail address and cellular telephone number. D. Implementation and on-going training seminars as needed for new equipment and services. 2. Customer Service and Technical Support (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the County with multiple options for service and support. The using agencies will decide on the following options that best suit their needs: A. Toll-free telephone and facsimile numbers for ordering items. B. Upgrade pricing for upgraded units from base unit. C. Hard copy and online catalogs offering complete line of Vendor's products. D. Knowledge of core products offered to the County. E. Retail store(s) located in the greater Naples metropolitan area. 3. System Rating (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the following information for service requirements to all using agencies within the County: A. Percentage of "Blocked Calls". B. Percentage of "Dropped Calls". C. Priority switching for emergency situations (i.e. hurricanes, fires, ect.) D. Emergency same day system problem resolution. RFP No. 03-3551 - "Cellular Communications Services and Equipment" Page 116 E. Engineering map of system within Collier County to show basic areas of coverage. E2 4. Invoicing and Response Time to Orders (maximum 10 points): Ratings will be based on Vendor's ability to provide the following requirements: A. Invoicing/Summary billing options. B. Credit procedure. C. Ability to handle VISA purchasing card orders. D. Vendor's ideas to streamline payment process. 5. Pricing (maximum 30 points): Ratings will be based on the Vendor's ability to provide pricing for the following items: A. Nationwide calling with no Roaming or Long Distance, Mobile-to-Mobile calling or Direct Connect. B. Statewide calling with no Long Distance, Mobile-to-Mobile calling or Direct Connect. C. Local area calling with no Long Distance, Mobile-to-Mobile or Direct Connect. D. Shared rate plans with no Long Distance, Mobile-to-Mobile or Direct Connect E. Data service plans for basic service to meet minimum requirements. F. Data pricing for optional Fixed IP addresses. G. Data pricing for unlimited transfer bytes or pooled plans. Total maximum available points: 100 Supplemental Information 1. Proposer Qualification Form (page 13). 2. Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available (page 14). 3. Insurance Requirements Certification (page 15). 4. Proposer's Checklist (page 16). 5. Proposer Declaration Statement (page 17). RFP No. 03-3551 - "Cellular Communications Services and Equipment" Page It 6 E2 PROPOSERS QUALIFICATION FORM Firm Name: Address: City: Telephone: ( FAX #: ( State. Zip ) ) Type of Work: Type of Firm: CorporationNears in Business: PartnershipNears in Business: Sole ProprietorshipNears in Business: Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed Number of Personnel in Organization: Administrative: Professional: Office: Shop: Field: References: Bank(s) Maintaining Account(s): Proposer shall provide at least three (3) references where similar work was performed. Name of Entitv: Add ress: Tel.# Work Performed: Contact Person E-mail RFP No. 03-3551 - "Cellular Communications Services and Equipment" page16 E 2 PROPOSERS QUALIFICATION FORM (Continued) Name of Entity: Address: Tel.# Work Performed: Contact Person E-mail Name of Entity: Address: Tel.# Work Performed: Contact Person E-mail Have you, at any time, failed to complete a project? Dyes 0 no Are there any judgments, claims or suits pending or outstanding by or aoainst you? Dyes 0 no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: 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: INSURANCE TYPE COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS REQUIRED LIMITS Page 116 E2 RFP No. 03-3551- "Cellular Communications Services and Equipment" ~ 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. -1L 2. Commercial General Liability (Occurrence Form) patterned after the 1998 I.S.0. form with no limiting endorsements. Bodily Iniury & Prooerty Damage $1,000,000 Single Limit Per Occurrence ~ 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an 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) or money received on the contract price is considered as payment of this obligation by the County. ~ 4. Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ -0- $ -0- ~ 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. ~ 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. ~ 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 ~ 9. Thirty (30) Days Cancellation Notice is required. ~ 10. The Certificate must state the Bid 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. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent THIS SHEET MUST BE SIGNED BY VENDOR Page t 6 E2 RFP No. 03-3551 - "Cellular Communications Services and Equipment" Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your 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 reouired, 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 Collier County Goyernment Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. 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 openino 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. 03-3551 - "Cellular Communications Services and Equipment" Page 16 E2 DECLARATION STATEMENT FROM: DATE DUE: Auaust 8.2003 (B>. 3:00 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO.03-3551 - "Cellular Communications Services and Equipment" 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 fair 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 #03-3551 as issued by Collier County on July 11, 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 2003 in the County of in the day State of Firm's Complete Legal Name Check one of the following: o o o o 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. 03-3551 _ "Cellular Communications Services and Equipment" Page 18 t 6 E 2 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 Scott D. Johnson, Purchasing Agent, Collier County Government Center, Purchasing Building "G", 3301 Tamiami Trail East, Naples, Florida 34112. Please indicate "NO PROPOSAL" on the outside of the envelope. We are not responding to this RFP for the following reason(s): o Services or materials requested not manufactured by us or not available to our company; o Our services or materials do not meet specifications; o Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or o Insufficient time allowed for preparation of RFP; o Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( FAX ( By: Signature of Representative ~ .~."----,,._,_._---"~ 16E2 MEMORANDUM Date: June 30, 2004 To: Scott Johnson Purchasing Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Agreement No. 03-3551 "Cellular Communications Services & Equipment" wi AWS National Acconts, LLC Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E2), approved by the Board of County Commissioners on December 2, 2003. One original has been sent to the Finance Department and one original has been kept for the official record in Minutes and Records. Kindly forward same to the appropriate parties. If you should have any questions, please contact me at 774-8411 Thank you. Date: February 13, 2004 To: Office. of the County Attorne}i" ~ r.~ 1'\ Attention: Scott Teach $Pl DO NOT WRITE ABOVE THIS LINE (0)~ E 2 REQUEST FOR LEGAL SERV From: Scott Johnson, Purchasing Agent Purchasing Department, Extension 8995 Administrative Services Division Agreement No. 03-3551; "Cellular Communications Services & E Nextel; Contractor Verizon; Contractor t /),-d- ~ r- BACKGROUND OF REQUEST: t.J r7J.... Re: G:::t!3~ ~ ~~-..-vv!~ This Contract was approved by the Bee on December 2, 2003, Agenda Item 16(E)(2). This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Scott, This is a standard Agreement with no changes. 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 you. Ibkh r-.> c::t ~ .r- ::::r; >- :;;0 N f'I.) ==- :x C.J Oc' .-- ~:;- ~+, ::;1c ...... rr~ ~c --I -" 0' ::0--' z:~ ~ o 0" CColP1f 16E2 MEMORANDUM DA 1t Rt' ~CtIVtD FE8 ! RIS/( 3 200~ HlwAGtMfNr TO: Sheree Mediavilla Risk Management Department FROM: Scott Johnson, Purchasing Agent Purchasing Department DATE: February 13, 2004 RE: Review of Insurance for Agreement No. 03-3551; "Cellular Communications Se~s & Equipment" Nextel; Contractor . Verizon; Contractor ,........... AT&T; Contractor - /lIe..a.dJ 'we ~ ATt.lTUi7:.I./U.-f {.71,-d .~) d'~' ~ yJ'\ o This Contract was approved by the BCC on December 2, 2003, Agenda Item 16(E)(2). Please review the Insurance Certificate in this Agreement for the aboye-referenced contract. If eyerything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8995. Z 2 :2 ~ld 5 Z rmr tlOQZ ,\3N80lJV I~JJ..\n9~' jl \..\. i(\ :::{'"j!, . \ Jr. .J\ ".1~., ~{lIl~ )0"\ '()'!,ol ~~ 'I -/ ~ ,"-:> ,= = ..J;- ::l.'C ::;.;.. -< t,. _ r~ ;:::: 2: --~ ---j -=,;::' Ibkh -.J );;0; -0 :Ji:: r: =0 ~.= ~i=T1 :< w W '-D 03-3551 - "Cellular Communications Services & Equipment" AT&T AGREEMENT 16E2 ' if THIS AGREEMENT, made and entered into on this 2nd day of December, 2003, by and between AWS National Accounts, LLC., hereinafter called "AT&T" or "Contractor", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" or "Customer": WIT N E SSE T H: 1. COMMENCEMENT: The Contract shall be for a two (2) year period, commencing on December 2, 2003 and terminating on December 1 , 2005. The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one-year periods. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. Any subsequent extensions must be approved by the Board of County Commissioners. 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 furnish cellular phones, equipment and services in accordance with the requirements, terms and conditions of RFP No. 03-3551 and the Contractor's proposal. Special rate plans shall be negotiated as needed, dependent on County and/or Department requirements. Due to technical and/or service and product changes, as new plan options and/or services are offered by the Contractor, the County shall have the option of switching, adding, and/or deleting products and/or services as required. Additional rate plans and/or services will be identified in subsequent, sequential attachments to the contract. Changes to any plans may be done at any time during the contract without penalty. Any and all accessories will be at a cost according to the then current price sheet. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal (Attachment B). Said attachment shall be considered as representative of current Contractor pricing. Any new rates and/or plans shall be made available to the County as provided in Section 2 above. Any County agency may purchase products and services under this Contract, provided sufficient funds are included in their budget(s). This contract shall include all products, and services included, but not limited to, phones, radios and all related accessories. - 1 - 16E2 Payment shall be made to the Contractor not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". 4. 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: AWS National Accounts, LLC P.O. Box 97061 Redmond, WA 98073 Attn: Offer Development and Negotiation Fax: 425-580-8662 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County at the following address: Collier County Government Complex Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address and/or fax numbers at any time upon giYing the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, 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 leYied 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. Goyernment now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any goyernmental 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 - 2 - 1~r:2 Contractor to be objectionable or improper, the County shall haye the right to suspend~e 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. ....- 8. TERMINATION: Should the Contractor be found to haye 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 conyenience with a seyen (7) day written notice. The County shall be sole judge of non-performance 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall proYide insurance as follows: A. Commercial General Liability: Coyerage 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 haye minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance coyering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Reauirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, yalid 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 eyent 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 proYide County with certificates of insurance meeting the required insurance provisions. - 3 - 16E2 11. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This proYision 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 or, sufficient insurance protection. The first one hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. THIS AGREEMENT shall be administered on behalf of the County by the Purchasing Department. Payment approval of inyoices shall be the responsibility of the indiyidual County departments. 13. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, RFP No. 03-3551 "Cellular Communication Services and Equipment", Attachments B and Insurance Certificate(s). 14. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. - 4 - IN WITNESS WHEREOF, the Contractor and the County, have each, respectil,o,E2 authorized person or agent, hereunder set their hands and seals on the date and year first above written. CJv,~ -^.e)" First Witness ~ C,L.1rl)+-l'il\. S(;,^'bI"Z... Type/Print Witness Name sec~ness JAl1Y16 fni-hzTllt- Type/Print Witness Name Approved as to form and '~*7ILL- Scott R. Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman A-J1/~ }/aiirnd?!cds L LC Contractor BY:4CJ-f-~ Signature 7'hn'7ll S. cJohY]~ Typed Signature ~. rYl>V. . Title CORPORATE SEAL (Corporations Only) Item # IG:, ~ 'L Agenda /2..' 2.. '3 Date 0 Date J Rec'd 10' 30' ot.( - 5 - Tue$day, June 29,20048:13 AM Scott S. Cannon 480-832-2117 p.02 NO. 014 ~ral 06/291'a4 21;24 _--Win+(, E 2 Wi11iilln L. EVilIl$ senior Dlrel:\ar OITer Dcnlopl1Wll. I so Ml. AilY II.l:lId lJnakil\' Ri* NJ 01920 June 19, 2004 Mr. Scott Johnson. Purchasing Agent Collier County Govermnent Center P\m:hasing Department Purchasing Building 1I(}11 )301 Tamiami Trail Eat Naple~ Florida 34112 Dear Mr. Johnson, This is to certify that Amy S. Joluuon was authorized to JegaUybi11d. AT&T Wireless ServiceS or AT Itr Wireless Na1ional AccOWlIS LLC for contractual pUllJOscs for the period of December 2003 through January 2004. Sincerely. ~VW William L. Evans ATTACHMENT B 16E2 '.. AT&T Digital One Rate Plans: No Roaming or long distance anywhere in the 50 states and Puerto Rico Minutes Included Monthly Access Fee 450 Minutes A5/min extra after included minutes $59.99 650 Minutes AO/min extra after included minutes $79.99 900 Minutes AO/min extra after included minutes $99.99 1100 Minutes AO/min extra after included minutes $119.99 1500 Minutes .30/min extra after include minutes $149.99 2000 Minutes .25/min extra after include minutes $199.99 Roaming and Long Distance is INCLUDED in the 50 United States and Puerto Rico AT&T mLife National Network Plan Call from anywhere on our US network with no long distance fees. Minutes included 30 Minutes Night & Weekend Minutes Included A5/min extra after included minutes MontWv Access Fee $19.99 200 Minutes Included $29.99 A5/min extra after included minutes 350 Minutes Included $39.99 AO/min extra after included minutes 500 Minutes Included $49.99 AO/min extra after included minutes 900 Minutes Included $74.99 .35/min extra after included minutes 1200 Minutes Included $99.99 .30/min extra after included minutes 2000 Minutes Included $149.99 .30/min extra after included minutes 3000 Minutes Included $199.99 .25/min extra after included minutes 4500 Minutes Included $299.99 .25/min extra after included minutes ~l ATTACHMENT B 16E2 ":~ Roaming and Long Distance is INCLUDED in AT&T's national network as well as selected affiliate networks. Roaming outside the network is $.69/min. Long Distance outside the network is $.20/min. AT&T mLife Local Plans: Extensive local state calling footprint with no roamingfees Minutes Included Monthlv Access Additional/min charges after included minutes 45 $19.99 A5/min after included minutes 250 $29.99 A5/min after included minutes 400 $39.99 AO/min after included minutes 600 $49.99 AO/min after included minutes 1000 $74.99 .35/min after included minutes 1400 $99.99 .30/min after included minutes 2200 $149.99 .30/min after included minutes 3200 $199.99 .25/min after included minutes 4800 $299.99 .25/min after included minutes These plans provide no Roaming and or Long Distance in the state of Florida. AT&T Group Calling Plans: Allows for 2-200 users to receive unlimited airtime benefits for calling among Group Numbers. This plan also includes minutes for calling outside the Group members and Group Calling Area. Monthly Access $49.99 $69.99 $89.99 $119.99 Minutes Included outside of grOUp Numbers 350 500 800 1200 Additional/min charges after included mins .30/min after included minutes .25/min after included minutes .20/min after included minutes .20/min after included minutes The Group Calling Plan is Unlimited calling between all the mobile phones in the group and up to five additionallandline numbers. In addition all rate plans come with bucket minutes for calls that are made out of the group. Roaming and Long Distance is included in Florida. AT&T Caller ID and Call Waiting calling features included at no charge. AT&T Pooled Advantage Plan: This Plan offers the "Pooling" of all minutes included to be used by users within the Group. Monthly Access Required for each user. Monthlv Access Anvtime Minutes Included Additional /min charges after included mins $34.99 300 .30/min $49.99 500 .30/min $74.99 850 .30/min $99.99 1,200 .30/min $149.99 1,900 .30/min $199.99 2,900 .30/min There is a minimum of 2 users and a maximum of 1000 users. All of the anytime minutes and all of the mobile to mobile minutes are pooled between all of the users. Roaming out of the home calling area is $.69/min and Long Distance out of the home calling area is $.25/min. Pa:Je 2 ATTACHMENT B 16E2 Business Digital Plan: (Must have a digital multi-network phone) Monthlv Access Anytime Minutes Included Additional/mill charges after included minutes $16.99 60 AO/min Roaming and Long Distance is included in the AT&T Wireless Florida Network. AT&T Mobile Internet Data Plans: To be used with data devices RIM Blackberry, Siemans SX56, Sierra Wireless Air Card. AT&T Vvireless Mobile Internet Plans For Government Looking for fast access to your custom applications and the Internet? The AT&T Wireless GSM/GPRS network, with your laptop or Pocket PC and a GSM/GPRS PC Card modem, provides faster data transmission than other wireless networks available today. Time is money. With advanced performance today, and a head start on tomorrow's possibilities, the AT&T Wireless GSM™/GPRS network is a wireless communications revolution that will make your time more valuable than ever before. SERVICE PLANS AVAILABLE AT&T Wireless Mobile Internet Plans offer various amounts of data, from 1 0 to 1 00 megabytes, to meet your individual needs. You incur charges only for the kilobytes of data you actually send and receive through our network-so you can stay connected to the AT&T Wireless GSM/GPRS network for as long as you need to prepare information or review data received. If your data needs exceed the amount included in your monthly plan, additional kilobytes can be used for less than a penny per kilobyte. :1 .., '-'.~ ~., '.-"~ > ,"""~_.'m_~""" ,,,-, ~H <-..- H MONTHL Y SERVICE MEGABYTES I CHARGE INCLUDED i ADDITIONAL CHARGES L.H ^' ._,..........A'_.....y w">' -~r >_w"',,' 1 I l Additional Data $0.0060/KB : Roaming $.0127/KB $19.99 * Up to 8 International Roaming $.0195/KB H .~H I :\ Additional Data $0.0030/KB $29.99 Up to 10 Roaming $.0127/KB 1[ International Roaming I j $.0195/KB ~ I ~ , ,. _'_~~^H I! Additional Data $0.0020/KB I l $39.99 Up to 20 Roaming $.0127/KB International Roaming $.0195/KB I -r ,....j.-...., ~q,,~_.< I Additional Data $0.0015/KB $59.99 Up to 40 , Roaming $.0127/KB I I International Roaming I I i $.0195/KB I ~3 ATTACHMENT B 16E2 .q $74.99 Additional Data $0.0013/KB Roaming $.0127/KB International Roaming $.0195/KB Additional Data $0.001 O/KB Roaming $.0127/KB International Roaming $99.99 * To be eligible for the $19.99 Mobile Internet Rate Plan, you must also sign up for and maintain a qualified, optional AT&T Wireless Voice Plan on your device. Pooled and/or Capped feature not available on the $19.99 Mobile Internet Rate Plan. PG3e 4 MARSH THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOS POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALT AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE PRODUCER Marsh USA Inc. The Financial Center 1215 Fourth Avenue Suite 2300 Seattle, WA 98161-1095 Attn: Marsh CSS Dept. Seattle 1-877-613-2200 ext. 2300 05408-GENER-ALL-03-04 080803 KB GAW COMPANY A AMERICAN HOME ASSURANCE CO A T& T WIRELESS 12800 UNIVERSllY DR AU ITE #500 FT. MYERS, FL 33907 COMPANY B NATIONAL UNION FIRE INS. CO. INSURED COMPANY C INS CO OF THE STATE OF PA COMPANY D N/A COVERAGES 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YYI DATE (MMIDDfYYJ A GENERAL LIABILITY RMGL 6128559 07/09/03 07/09/04 GENERAL AGGREGATE $ 4,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 4,000,000 CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 1,500,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,500,000 X $ 1,500,000 $ 5,000 A AUTOMOBILE LIABILITY RMCA 6612003 MA 07/09/03 07/09/04 $ 2,500,000 COMBINED SINGLE LIMIT B ,X ANY AUTO RMCA 6612002 TX 07/09/03 07/09/04 B ALL OWNED AUTOS RMCA 6612004 AOS 07/09/03 07/09/04 BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AN 0 RMWC 5210873 CA 07/09/03 07/09/04 X H- EMPLOYERS' LIABILITY ER C RMWC 5211153 AOS 07/09/03 07/09/04 $ 2,500,000 C THE PROPRIETOR/ X INCL RMWC 5211155 ND OH WA WI W 07/09/03 07/09/04 EL DISEASE-POLICY LIMIT $ 2,500,000 B PARTNERS/EXECUTIVE EXCL RMWC 5211159 OR 07/09/03 07/09/04 OFFICE RS ARE: EL DISEASE-EACH EMPLOYEE $ 2,500,000 R DESCRIPTION OF OPERATIONSILOCATlONSIVEHICLESfSPECIAL ITEMS LOCATION: 3301 TAMIAMI TRAIL TERM OF LEASE: 08/08/03 TO 08/08/03 CONTRACT NO: 725-330-98 COLLIER COUNlY IS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT REGARDING GENERAL L1ABILllY. CE~jil.FtCAjieH!l)L:tJef'( SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DA1E THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -30. DAYS WRITTEN NOTICE TO THE CERTlFICA1E HOLDER NAMED HEREIN, BUT FAlLURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Edward M. Belsky ~ ,Mo. ~ COLLIER COUNlY ATTN: SCOTT D JOHNSON 3301 TAMIAMI TRAIL BLDG G NAPLES,FL 34112 05/17/04 PRODUCER Marsh USA Inc. The Financial Center 1215 Fourth Avenue Suite 2300 Seattle, WA 98161-1095 Attn: Marsh CSS Dept. Seattle 1-877-613-2200 ext. 2300 05408-GENER-ALL-03-04 080803 KB GAW SEA-000677632-02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ART C A AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COV COMPANY A AMERICAN HOME ASSURANCE CO AT&T WIRELESS 12800 UNIVERSITY DR AUITE #500 FT. MYERS, FL 33907 COMPANY B NATIONAL UNION FIRE INS. CO. INSURED COMPANY C N/A COMPANY D N/A THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CD LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMfDDIYY) LIMITS PROPERTY DAMAGE $ 4,000,000 $ 4,000,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 5,000 $ 2,500,000 $ $ $ A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT RMGL 6128559 07/09/03 07/09/04 GENERAlAGGREGA;E PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE A B B AUTDMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS RMCA 6612003 MA RMCA 6612002 TX RMCA 6612004 AOS 07/09/03 07/09/03 07/09/03 07/09/04 07/09/04 07/09/04 COMBINED SINGLE LIMIT , BODILY INJURY (Per person) BODILY INJURY (Per accident) ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE GARAG E LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERs/EXECUTIVE OFFICERS ARE: OTH R INCL EXCL EL DISEASE.POLlCY LIMIT $ EL DISEASE.EACH EMPLOYEE $ DESCRIPTION OF OPERATIONSILOCATlONSNEHICLESfSPECIAL ITEMS LOCATION: 3301 TAMIAMI TRAIL TERM OF LEASE: 08/08/03 TO 08/08/03 CONTRACT NO: 725-330-98 COLLIER COUNTY IS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT REGARDING GENERAL LIABILITY. COLLIER COUNTY ATTN: SCOTT 0 JOHNSON 3301 TAMIAMI TRAIL BLDG G NAPLES, FL 34112 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3.0 DAYS WRITTEN NOTlCE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Edward M. Belsky f~M-~ 7/16/03 ~ COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING DEPARTMENT PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 TEL (239) 774-8995 FAX (239) 732-0844 16E2 www.collierl!:ov.net DATE: July 11, 2003 TO: Prospective Proposers FROM: Scott D. Johnson, Purchasing Agent Purchasing Department SUBJECT: RFP # 03-3551 - "Cellular Communications Services & Equipment" The Collier County, Purchasing Department desires to receive proposals from qualified individuals or firms for Cellular Communications Service and Equipment. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and due date for proposal submission. The services shall include, but not be limited to the "Scope of Services" included in the proposal package. If you have any immediate questions regarding the Scope of Services or procedural matters, you may contact Mr. Scott D. Johnson, Purchasing Agent, Purchasing Department, at 239/774- 8995 or bye-mail atScottJohnson@colliergov.net. We look forward to your participation in this RFP process, RFP No. 03-3551 - "Cellular Communications Services and Equipment" pag16E2 LEGAL NOTICE Pursuant to action approved by the Board of County Commissioners, Sealed Proposals for Cellular Communications & Equipment will be received until 3:00 p.m. local time on August 8, 2003 at the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112. RFP # 03-3551 "Cellular Communications Services & Equipment" All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal Specifications. Collier County does not discriminate based on age, race, color, sex, religion, national or origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: IS/ STEVE CARNELL Purchasing Director This Public Notice was posted in the lobby of the Purchasing Building, Collier County Government Center on July 11, 2002. RFP No. 03-3551- "Cellular Communications Services and Equipment" page316 E 2 SECTION A GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS The Vendor 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 of whatever nature by third parties. PROPOSAL SUBMISSION: Five (5) sets of the proposal must be provided, with the original clearlv marked; submitted in a sealed envelope with the RFP Number, Title and Due Date clearly stated on the envelope. All proposals, including qualifications and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112 on or before 3:00 p.m. Collier County Time on August 8,2003. 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. 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, Exceptions taken by proposers may result in evaluation point deductions and/or exclusion of proposal for Selection Committee consideration, depending on extent of exceptiones). Such determination shall be at the sole discretion of the Selection Committee. 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. 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. RFP No. 03-3551 - "Cellular Communications Services and Equipment" tg6E2 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 Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer'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. 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. 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. NON-APPROPRIATION OF FUNDS: If funds are not appropriated for continuance of a contract to completion, cancellation will be accepted by this successful proposer on thirty (30) days prior written notice. 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 meetings of introduction, luncheons, dinners, etc. During the process, from Prooosal closing to final Board aoorova/, 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 sign and submit the Contract 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. 03-3551 - "Cellular Communications Services and Equipment" pagJ6E2 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 the official corporate seal affixed hereto. 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 County reserves the right 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 subject to rejection. 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. QUALIFICATION OF PROPOSERS: Before the award of any contract, each Proposer may be required to show, to the complete satisfaction of the County, that he has the necessary ability to furnish roadway contracting services as specified herein in a satisfactory manner, and he may also be required to show past history and references that will enable the County to satisfy itself as to the qualifications. Failure to qualify according to the foregoing requirements will justify the County in rejecting a Proposal. PROTECTION OF THE 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 Inyitation 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 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 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 RFP No. 03-3551 _ "Cellular Communications Services ""d Equipment" pagel ,.. r: 2 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 ayailable at the Office of the Purchasing Director. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the conYicted yendor 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, 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 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 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. KEY PERSONNEL: The personnel named in the Proposal shall remain responsible throughout the period of this contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval being granted by Collier County. SUBCONTRACTS: No portion of the requested services may be subcontracted without the prior written permission of Collier County. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any fayor, 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. RFP No. 03-3551 - "Cellular Communications Services and Equipment" page16E~ SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. LICENSES: The Contractor, at time of bid 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 is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. 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. QUANTITIES: The quantities listed in the Contract Proposal are approximate and are for the purpose of evaluation only. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during~eperiodspecffied. TERMS OF CONTRACT: This contract will commence on the date of award by the Board of County Commissioners, and be in effect for two (2) years. CONTRACT RENEWAL: The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for two (2) additional one-year periods. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. Additional locations may be added or deleted as needed. ADDITIONAL INFORMATION: Questions related to this proposal should be directed to: Scott D. Johnson, Purchasing Agent Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 239/774-8995 Scott! ohnson@colliergov.net All questions must be in writing and be received no later than ten (10) calendar days prior to the 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. RFP No. 03-3551 - "Cellular Communications Services and Equipment" pa186 E 2 SECTION B SCOPE OF SERVICES Collier County is seeking proposals from qualified vendors to provide cellular telephone and support services to all County departments. The vendor will provide full time, daily service, support and maintenance of all County cellular telephones and wireless data equipment. Collier County currently has two (2) vendors providing cellular service for approximately three hundred (300) analog and digital cellular telephones in operation. This contract may utilized by other County Agencies. All existing cellular telephones will be converted to the new provider, as well as future purchases of new service and equipment. It is the County's intent to award the service under this contract to two (2) vendors. Collier County reserves the right to increase or decrease quantities and add additional departments to the Contract. PRICE/BILLING The prices quoted shall remain firm for the entire two (2) years of the contract. The awardee(s) under this contract shall provide detailed monthly billing in electronic or paper form at no cost for each cellular phone number by department. Detailed billing must include a breakdown of all fees, monthly or otherwise, by cellular phone number; including the cellular telephone number, department, user name, peak and off peak calls and minutes, incoming and outgoing calls and minutes and any discounts associated with that telephone. All outgoing calls must identify the phone number called, and include the date, time and minutes of the call. Wireless Fraud: The County will not be liable for any wireless fraud. Proposers must provide a detailed plan of how they plan to deal with fraudulent use of wireless technology, including "cloning" . Service and/or change of service shall be available on a "walk in" basis. A master billing list for all cellular telephone numbers assigned to each department shall be provided monthly to the using department with a total air time and cost of service. CELLULAR COMMUNICATION SERVICES The following requirements are listed to assist Proposers in understanding the county's objectives and submitting a thorough response. All interested Proposers must speak to their ability to meet the following requirements. Proposals submitted must reflect in detail the inclusion of these requirements as well as the degree to which they can be provided. 1. Provide activation services to initiate air-time. 2. Provide twenty-four (24) hour, seven (7) day technical service for cellular communication service and maintenance at no additional charge, subject to specified terms and conditions of the acquired equipment. 3, Provide and perform routine preventive maintenance service as may be appropriate by making such adjustments, repairs, and replacement (or recommend the replacement of) such parts as may be required to put the equipment in good working order. 4. Provide loaner equipment, at no charge to the County, in the event that service center repairs are necessary. RFP No. 03-3551- "Cellular Communications Services and Equipment" pai:6 E 2 5. On certain emergency occasions, i.e., hurricanes, fires, etc., provide cellular communication service for specified (billable) time periods (one week, thirty days, ninety days, etc.) at the proposed rates without special penalty to the County. 6. Provide general customer service and sales service for the account which may include: sales calls to various County departments; demonstrating equipment to prospective users; providing follow-up of completed sales to determine satisfaction with equipment/service; training in the use of the equipment after delivery of purchased equipment; proYiding data relevant to the County's management of the account and usage history; and apprising the County of special rate plans for County employee access. 7. Understand that preference will be given to vendors proposing the following features at NO CHARGE to the County: Provide the first (1st) phone, service activation, call forwarding, call waiting, 3-way calling, detail billing, caller ID, unlimited text messaging and voice mail retrieval. 8. Provide rate reduction plans for County phones as introduced. 9. Provide rates for high use departments within Collier County. We currently have eight (8) departments that utilize our high use quote with bundled minutes. 10. Provide rates for national coverage. 11. Discount accessory price, twenty five (25%) is requested. DATA COMMUNICATIONS: The following requirements are listed to assist Proposers in understanding the county's objectives and submitting a thorough response. All interested Proposers must speak to their ability to meet the following requirements. Proposals submitted must reflect in detail the inclusion of these requirements as well as the degree to which they can be provided. 1. Services must be compliant with Windows 2000 and Windows XP 2. Minimum data rate acceptable is 100KBPS 3. Support for Cisco VPN Client 4. Ability to block Internet access and optional direct dedicated data circuit for our subscribers 5. For Non data devices shall meet the following criteria: a. Voice and text paging b. Digital cameras c. Pocket PC client for full Outlook Client synchronatzation d. GPS (with ability to access this data without using a service) e. PC Card with optional external antenna SOLUTION OPTIONS Refurbished equipment will not be considered for purchase. Only vendors proposing both equipment and air service time will be considered. The goals of this contract are: 1. To provide a cellular phone solution with use of two-way radios in use by various departments. The County is looking for a solution that would allow each group to have the ability to communicate with other members of the group individually or as a group call. This solution will not be Countywide and will not replace the County's private radio network. Collier County is requesting that users issued cellular phones have the ability to directly communicate with other county personnel via radio transmission on the cellular unit. 2. To provide cellular phone coverage only, both regular and high end use. RFP No. 03-3551 - "Cellulax Commuoication, g""ice' and Equipmenf' 16 E 2 3. To provide remote data coverage to those departments who have a need. This is to include email capacity through Collier County system. Your proposal should detail how you would address each of the above objectives. Multiple solutions are allowed. Provide detail on the methodology and technology proposed. Non- proprietary solutions will be preferred. The County will consider trade proposals. SECTION C EVALUATION CRITERIA 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. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Should both the Purchasing Agent and Project Manager be appointed to the committee as voting members, such meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 4. The committee members shall review each proposal individually and score each proposal based on the evaluation criteria listed below. 5. Prior to the first meeting of the selection committee, the Purchasing Agent 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 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). The final recommendation will be decided based on review of scores and consensus of committee. 7. Contracts will be presented to the Board of County Commissioners for approval. Proposer's Qualifications 1. All proposers must be primarily engaged in providing the services outlined in these specifications. 2. All proposers must haye a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is an essential criterion in the qualifying process. RFP No. 03-3551 - "Cellular Communications Services and Equipment" ple6 E 2 3. The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. 4. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their area of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent personnel will be utilized in the performance of the Contract. Submission and Evaluation of Proposals Qualified firms interested in providing the services described are required 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 and/or subtraction of points in the area(s) where required information is missing. 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. ReQuired Submittals In responding to this proposal, each proposer shall submit the following: 1. Customer Support (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the following requirements: A. Company profile to include years of service, financial stability, proprietary innovations and acquisitions. B. Provide at least three (3) business references (excluding Collier County) with contact name, telephone number, address and e-mail address. C. Dedicated Sales and Service representatives with toll-free telephone number, e- mail address and cellular telephone number. D. Implementation and on-going training seminars as needed for new equipment and services, 2. Customer Service and Technical Support (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the County with multiple options for service and support. The using agencies will decide on the following options that best suit their needs: A. Toll-free telephone and facsimile numbers for ordering items. B. Upgrade pricing for upgraded units from base unit. C. Hard copy and online catalogs offering complete line of Vendor's products. D. Knowledge of core products offered to the County. E. Retail store(s) located in the greater Naples metropolitan area. 3. System Rating (maximum 20 points): Ratings will be based on an assessment of the Vendor's ability to provide the following information for service requirements to all using agencies within the County: A. Percentage of "Blocked Calls". B. Percentage of "Dropped Calls". C. Priority switching for emergency situations (Le. hurricanes, fires, ect.) D. Emergency same day system problem resolution. RFP No. 03-3551- "Cellular Communications Services and Equipment" pagel 6 E 2 E. Engineering map of system within Collier County to show basic areas of coyerage. 4. Invoicing and Response Time to Orders (maximum 10 points): Ratings will be based on Vendor's ability to provide the following requirements: A. Invoicing/Summary billing options. B. Credit procedure. C. Ability to handle VISA purchasing card orders. D. Vendor's ideas to streamline payment process. 5. Pricing (maximum 30 points): Ratings will be based on the Vendor's ability to provide pricing for the following items: A. Nationwide calling with no Roaming or Long Distance, Mobile-to-Mobile calling or Direct Connect. B. Statewide calling with no Long Distance, Mobile-to-Mobile calling or Direct Connect. C. Local area calling with no Long Distance, Mobile-to-Mobile or Direct Connect. D. Shared rate plans with no Long Distance, Mobile-to-Mobile or Direct Connect E. Data service plans for basic service to meet minimum requirements. F. Data pricing for optional Fixed IP addresses. G. Data pricing for unlimited transfer bytes or pooled plans. Total maximum available points: 100 Supplemental Information 1. Proposer Qualification Form (page 13). 2. Statement of litigation that firm or staff is currently involyed in, or has been inyolved in over the past five (5) years, stating points of contention and results if available (page 14). 3. Insurance Requirements Certification (page 15). 4. Proposer's Checklist (page 16). 5. Proposer Declaration Statement (page 17). ",_,~'o"~~~~'_'__'""_ ,.--., ..~~"",.,--,...~,.._-" RFP No. 03-3551 - "Cellular Communications Services and Equipment" pallo E 2 PROPOSERS QUALIFICATION FORM Firm Name: Address: City: Telephone: ( FAX #: ( State. Zip ) ) Type of Work: Type of Firm: CorporationNears in Business: PartnershipNears in Business: Sole Proprietorship/Years in Business: Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed Number of Personnel in Organization: Administrative: Professional: Office: Shop: Field: References: Bank(s) Maintaining Account(s): Proposer shall provide at least three (3) references where similar work was performed. Name of Entity: Address: Tel.# Work Performed: Contact Person E-mail RFP No. 03-3551- "Cellular Communications Services and Equipment" pt16E2 :~l PROPOSERS QUALIFICATION FORM (Continued) Name of Entity: Address: Tel.# Work Performed: Contact Person E-mail Name of Entity: Address: Tel.# Work Performed: Contact Person E-mail Have you, at any time, failed to complete a project? Dyes 0 no Are there any judgments, claims or suits pending or outstanding by or aoainst you? Dyes 0 no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: 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. 03-3551 - "Cellular Communications Services and Equipment" Page 15 COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS INSURANCE TYPE REQUIRED LIMITS 16E2 ~ 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. -1L 2. Commercial General Liability (Occurrence Form) patterned after the 1998 I.S.0. form with no limiting endorsements. Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence ~ 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an 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) or money received on the contract price is considered as payment of this obligation by the County. ~ 4. Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ -0- $ -0- ~ 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. ~ 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. ~ 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 ~ 9. Thirty (30) Days Cancellation Notice is required. ~ 10. The Certificate must state the Bid 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. Insurance Agency Bidder Signature of Bidder's Agent Signature of Bidder THIS SHEET MUST BE SIGNED BY VENDOR par~ E 2 RFP No. 03-3551 - "Cellular Communications Services and Equipment" Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your 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 reouired, 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 Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing enyelope must be sealed and marked with: . RFP Number; . RFP Title; . Opening Date 11. The RFP will be mailed or deliyered in time to be received no later than the specified ooenino 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 DECLARATION STATEMENT f"6E2 RFP No. 03-3551 - "Cellular Communications Services and Equipment" FROM: DATE DUE: Auaust 8.2003 @3:00 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO.03-3551 - "Cellular Communications Services and Equipment" 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 fair 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 #03-3551 as issued by Collier County on July 11, 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 2003 in the County of our names on this in the day State of Firm's Complete Legal Name Check one of the following: o o o o 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 NON-PROPOSER'S RESPONSE r6E2 RFP No. 03-3551 - "Cellular Communications Services and Equipment" 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 Scott D. Johnson, Purchasing Agent, Collier County Government Center, Purchasing Building "G", 3301 Tamiami Trail East, Naples, Florida 34112. Please indicate "NO PROPOSAL" on the outside of the envelope. We are not responding to this RFP for the following reason(s): o Services or materials requested not manufactured by us or not available to our company; o Our services or materials do not meet specifications; o Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or o Insufficient time allowed for preparation of RFP; o Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( FAX ( ) By: Signature of Representative 1611 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 2, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Tuscany Reserve Community Development District - Fiscal Year 2004 Meeting Dates. B. Minutes: 1. Community Character/Smart Growth Advisory Committee - Agendas for June 18,2003, August 6,2003, August 27,2003, September 10,2003 and September 24, 2003; Minutes of June 18, 2003, August 6, 2003, August 27,2003, September 10, 2003 and September 24,2003. 2. Collier County Airport Authority - Agenda for October 13,2003; Minutes of September 8, 2003. 3. Black Affairs Advisory Board - Minutes for January 27, 2003; February 24,2003; March 17,2003; April 21, 2003. 4. Collier County Contractor's Licensing Board - Agenda for October 15, 2003. 5. Historical & Archaeological Preservation Board - Agenda for October 15, 2003; Minutes of September 17, 2003. 6. Development Services Advisory Committee - Minutes for September 3, 2003 and October 1,2003. 7. Revenue Commission Advisory Committee - Minutes for August 13, 2003 and September 10,2003. 8. Radio Road Beautification M.S.T.D. - Agenda for October 24, 2003Minutes for September 16,2003. 9. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for October 22,2003; Minutes for September 17,2003. 10. Parks and Recreation Advisory Board - Agenda for October 15,2003; Minutes of September 17,2003. H:Data/F ormat H:Data/F onnat 1611 11. Conservation Collier - Agenda for October 20,2003; Minutes of September 8, 2003. 12. Enterprise Zone Development Agency - Minutes of July 23,2003, Draft Minutes of September 24,2003. 13. Pelican Bay Services Division - Budget Sub-Committee - Agenda for October 8, 2003, Minutes of September 10,2003. 14. Collier County Affordable Housing Commission - Agendas for January 16,2003, April 17, 2003, May 15,2003, June 19,2003, August 15,2003, September 19,2003; Minutes for February 20,2003; March 20,2003; April 17, 2003, May 15, 2003, and August 15,2003. 15. Collier County Librarv Advisory Board - Agenda for October 1,2003; Minutes of August 20, 2003. 16. Collier County Planning Commission - Agenda for October 16, 2003 and October 23,2003 Tuscany Reserve Community Development DilkJ 1 (11) 10300 N.W. 11th Manor · Coral Springs, Florida 33071 Telephone: (954) 753-0380 · Fax: (954) 796-0623 October 29, 2003 RECEIVED OCT 3 1 2003 Board of County CommiSSioners James W. Olliff, County Manager COLLIER COUNTY GOVERNMENTAL CENTER 3301 East Tamiami Trail Administrative Bldg., Second Fl. Naples, FL 34112 Mr. James Carter CLERK OF THE BOARD OF COUNTY COlvHviISSIONER 3301 E. Tamiami Trail Naples, FL 34112 He: Fiscal Year 2004 Meeting Dates Dear Messrs. Olliff and Carter: In accordance with Chapter 189 Florida Statutes, we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule. Notice is being given that the Board of Supervisors of the Tuscany Reserve Community Development District will hold their meetings for Fiscal Year 2004 at the Double Tree Guest Suites, 12200 Tamiami Trail North, Naples, Florida 34110 10:00 A.M. on the second Thursday of each month as follows: October 9,2003 November 13, 2003 December 11, 2003 January 8,2004 February 12, 2004 March 11, 2004 April 8, 2004 May 13, 2004 June 10, 2004 July 8, 2004 August 12, 2004 September 9,2004 Please contact me at (954) 796-6631 if you have any questio~s~,:l'~ you. "si?er:~:'Gj1f;7 /' , //?/1.. -~ ~.lld;lc' - jj, Stella Loftus for Gary L. Moyer .~~ I. ".iJep crj IA\ ,. - . ,;, MEMORANDUM TO: Kathleen Martinson, Administratiye Ai FROM: Sam Tucker, Executive Aide to BCC DATE: October 14, 2003 RE: Community Character/Smart Growth Advisory Committee Agenda and Minutes I am submitting the following Agenda and Minutes of the Community Character/Smart Growth AdYisory Committee to be filed by your office. 1. Agenda and Minutes of June 18, 2003 (not a formal meeting, no quorum was present). 2. Agenda and Minutes of August 6, 2003 (not a formal meeting, no quorum was present). 3. Agenda and Minutes of August 27, 2003. 4. Agenda and Minutes of September 10, 2003. 5. Agenda and Minutes of September 24, 2003. Thank You, Sam Tucker Executiye Aide to BCC Fiala Halas Henning Coyle Coletta 16 11 (1sj COMMUNITY CHARACTER/SMART GROWTH j ADVISORY COMMITTEE ?:: ~ ~/ AGENDA MEETING DATE: June 18, 2003 MEETING TIME: 2:30 pm LOCATION: Collier County Government Complex Board of County Commissioner's Conf. Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. June 12, 2003 III. Draft for Discussion IV. Staff Report (GMP Amendments to Planning Commission) by John-David Moss V. Old Business/New Business VI. Adjournment 11l.....'0~ l~0~ i{;~: ie: ill z. J OS he,;,fj 11ol~') 1 ~ '---., ..~.... ~ J: Community Character/Smart Growth Advisory Committee Minutes of June 18, 2003 This was not a regular/formal meeting as there was NOT a quorum present. I. Members present: Bob Murray, Dwight Oakley, Gary Davis, Gavin Jones. Members absent: Mark Morton, Chad Lund, Pat Pochopin, Jim Lucas, Bruce Anderson, Susan McCampbell, Brad Cornell, Dwight Richardson. Staff: Sam Tucker, John-David Moss. Other: Barbara Bateman - Naples Park Homeowner, John Austin - Naples Park Homeowner. 16 I 1 (Ei) Fia\a Ha\as Hennin9-= Coyle Coletta MUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE -= AGENDA MEETING DATE: August 6th, 2003 MEETING TIME: 2:00 p.m. LOCATION: Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. June 12, 2003 b. No quorum, no minutes for June 18th meeting III. David Weeks, Collier County Chief Planner III. Other Business a. Meeting Schedule V. Adjournment l;,^.,,~; C'\J'; i:~;::;: Date: JIlzlos Ii tLeft. ') \ C~ \ ';'~,~' To: Community Character/Smart Growth Advisory Committee Minutes of August 6, 2003 This was not a regular/formal meeting as there was NOT a quorum present. I. Members present: Bob Murray, Jim Lucas, Gavin Jones, Pat Pochopin, Dwight Richardson, Mark Morton. Members absent: Chad Lund, Susan McCampbell, Bruce Anderson, Brad Cornell, Dwight Oakley, Gary Davis. Staff: Sam Tucker, John-David Moss, David Weeks - Chief Planner, Comprehensive Planning, Winona Stone. Other: Barbara Bateman - Naples Park Resident. II. David Weeks, Chief Planner - Comprehensive Planning Informed the group of the Staffs issues with the language on our GMP amendments: 1. Range of use and intent was not clear. Especially in activity centers and mixed-use centers. Residential development with commercial component and commercial development with residential component need differentiating between the two. 2. Language drafted needs to fit into the framework of implementation. 3. Defining fiscal impact. Department of Community Affairs has 60 days from July 12th to make comments; Collier County then has 60 days to adopt after receiving back from DCA. 16 11 (Bi} COJMUNITY CHARACTER/SMART GROWTH . <I //' ADVISORY COMMITTEE Halaa. .~ Henmn~ - ... 1/ " Coyle / AGENDA jiGlta lJ MEETING DATE: August 27, 2003 MEETING TIME: 2:00 pm LOCATION: Collier County Government Complex County Manager's Conference Room 3301 East Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. June 12th, 2003. b. No minutes for June 18th, no quorum. c. No minutes for August 6th, no quorum. III. Mixed Use Neighborhood Center Subdistrict IV. Other Business V. Adjournment <:".l:."I,,_ ;, ,.....~~ : ;.;.)~ Da1e:~ 14{"t-) I b( To: Community Character/Smart Growth Advisory Committee Minutes of August 27, 2003 I. Meeting called to order at 2:07 pm by Chairman, Mark Morton. Members present: Jim Lucas, Gavin Jones, Dwight Richardson, Mark Morton, Susan McCampbell, Dwight Oakley, Bob Murray. Via telephone: Bruce Anderson and Brad Cornell Members Absent: Pat Pochopin, Gary Davis, Chad Lund. Staff: Sam Tucker, John-David Moss, Jay Sweat - Principal Planner, Commissioner Henning. Other: Barbara Bateman - Naples Park Resident, Arthur Lyall- FDEP. II. Approval of Minutes: a. June 12,2003; motion by Dwight Richardson, seconded by Jim Lucas, approved unanimously. III. Introduction of Jay Sweat, Collier County Principal Planner, Comprehensive Planning. IV. Mixed-Use Subdistricts - discussion V. It was suggested that we have guest speakers to include property appraisers, developers, ULI members, for input and discussion of the language they would like to see us include. VI. Mr. Arthur Lyall, Brownfields District Coordinator Waste Management, Florida Department of Environmental Protection - informed us of the "Brownfield County Infill Program". It is a program that allows a person owning a "contaminated", or "perceived contaminated" building site, to clean the site without recourse from neighboring property owners of contamination of their property. Federal remediation money is available to some Brownfield sites. There are currently two contaminated sites in Collier County; both at the Towne Centre on the East Trail, which Bob Murray has already investigated the possibility of the Brownfield Program. He was rejected on both counts. VII. Meeting adjourned at 4:00 pm. 1611(~1) COMr,1UNITY CHARACTER/SMART GROWTH J ADVISORY COMMITTEE Fiala Halas Henrting Coyle Coletta MEETING DATE: MEETING TIME: LOCATION: AGENDA September 10, 2003 2:00 p.m. Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. August 27, 2003. III. Memorandum GMP Amendments, discussion IV. Other business V. Adjournment I ~. : .,::.,~" !'~,,' s: Oatf;: L21~OS __ r1cn# L~) l 61 l....H.,~.t. ", To: 161 1(B1) Community Character/Smart Growth Advisory Committee Minutes of September 10, 2003 I. Meeting called to order at 2:04 pm by Chairman, Mark Morton. Members present: Susan McCampbell, Jim Lucas, Bob Murray, Brad Cornell, Dwight Richardson, Gavin Jones, Mark Morton, Dwight Oakley, Bruce Anderson, Pat Pocopin. Members absent: Gary Davis, Chad Lund Staff: Sam Tucker, John-David Moss, Jay Sweat, David Weeks, Commissioner Tom Henning. II. Approval of Minutes: a. August 27,2003; motion by Jim Lucas, seconded by Bob Murray, approved unanimously. III. Handouts: Minutes of the July 18, 2003 Collier County Planning Commission meeting regarding the Community Character/Smart Growth Advisory Committee GMP amendment recommendations, courtesy of Dwight Richardson. Copy of Naples Park Community Plan Survey, courtesy of Dwight Richardson. Copy of email to Sam Tucker from Phil McCabe with his suggestions and opinions of the Mixed Use Subdistrict. N. Discussion of Memorandum ofGMP Amendments, clean up per Staff suggestions. V. Motion by Bruce Anderson: to propose a change to the C-l, C-2 and C-3 commercial districts in the Land Development Code (LDC). Request staff to initiate an LDC amendment as part of the current 2003 cycle to change from a conditional use to as of right usage where residential dwelling units are located above principal uses. Motion seconded by Brad Cornell, approved unanimously. VI. GMP Amendments with DCA recommendations should be received back at the county on or about October 6th; the committee will clean up and submit for the November 6th Collier County Planning Commission meeting. VII. Adjourned 4:05 pm. Fiala Halas Henning Coyle Coletta 16' 1 (bl) CO~UNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: September 24, 2003 MEETING TIME: 2:00 p.m. LOCATION: Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. September 10, 2003 III. Other business: a. Chad Lund Resignation b. Meeting schedule IV. Memorandum GMP Amendments, with changes, discussion V. Adjournment .. >, Odr;: 1).) ~ o~ if 10(1::-') ) 5, To: 1611 (B1) Community Character/Smart Growth Advisory Committee Minutes of September 24, 2003 I. Meeting called to order at 2:05 pm by Chairman, Mark Morton. Members present: Jim Lucas, Susan McCampbell, Brad Cornell, Gary Davis, Mark Morton, Bob Murray, Dwight Oakley. Members absent: Dwight Richardson, Bruce Anderson, Pat Pochopin, Gavin Jones. Staff: Sam Tucker, John-David Moss. Other: Phil McCabe. II. Approval of Minutes: a. September 10,2003, motion by Bob Murray, seconded by Jim Lucas, approved unanimously. III. Other Business: a. Applications are now being taken for membership due to Chad Lund's resignation. Please encourage anyone you may know to apply. Applications are being accepted until October 10, 2003. b. Next two meetings will be on October 8th at 2:00 pm and October 22nd at 2:00 pm, both in the County Manager's Conference Room. c. Bruce Anderson's motion to have staff implement the LDC amendment to change "conditional use" to "as of right use" where residential dwelling units are located above principal uses has been rejected by staff due to conflicts, administrative processes and time constraints. The committee has requested that Sam email Bruce to encourage him to contact the appropriate staff at Community Development and pressure them to include this amendment in this current cycle. d. Handouts: 1. Wall Street Journal article" What's Brewing in the Real Estate Market" courtesy of Phil McCabe. 11. Memorandum from Jay Sweat and supporting documents regarding the committees proposed LDC amendment for conditional use to as of right use. 111. Future Land Use Designation, Description Section. IV. Land Use Code Breakdown by Planning Community. v. Zoning and Acreage Breakdown by Planning Community. VI. Build-out Information by Planning Community. V1l. Future Land Use Map VIlI. Commercial Zoning Acreage by Planning Community. IX. Planning Community Maps x. Population Estimates and Projections by Planning Community. XI. Weighted Average Population Estimates and Projections by Planning Community. XIl. Commercial Zoning Breakdown by Planning Community. 16 I 1 (Bl) IV. Phil McCabe, informal discussion. Informed the group that incentives are key; incentives to offer are fast tracking, density and parking. Pedestrian friendly is desirable. Informed the group that the 41-10 Overlay was recently changed from 100% commercial to 100% residential. v. Adjournment 3:44 p.m. !-J/ ~\'3.\'3. 4... da\aS .-/"'7 ~~ {\~,ng ~y.,.c. \,e _~<" Co'J\e ~/ Co\e\\a E: PLACE: COLLIER COUNTY AIRPORT AUTHORITY AGENDA 1611" CBl) October 13,2003 TIME: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL 1 :OOpm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Invocation and Pledge of Allegiance II. Approve Agenda III. Consent Agenda A. Minutes of September 8, 2003 f",&' ;L B. Certificate of Appreciation to Keith Henshall f=''J' 5> C. Chevron Quality Control Compliance A ward for Immokalee Airport [) -, ~ cJ' ( IV. Capital Improvements A. Everglades Runway 15-33 Lighting Change Order No.1 75 . ~ I Lf B. Immokalee Regional Airport Parallel Taxiway Revised Work Order \?g- C. Marco Island Airport Parallel Taxiway Mitigation Revised Work Order ?~. :;l.G V. Administrative A. Wright Brothers' Centennial Expo P3- .3 { B. Update from Parks & Rec. on Land Swap at Immokalee Airport. ~ C. Update ofImmokalee Manufacturing Facility II ?'} l-j ( D. Update on Florida Tradeport Marketing ?s. '79 E. Executive Director 2003 Evaluation/2004 Contract fa 8 0 F. Authority Board Meeting Location 'f'~ 2? fc G. BCC Review of Airport System p 6' ~ 7 {J H. Everglades Airpark Parallel Taxiway Revised Work Order (f''O q I. Monthly Financial Statement (;} Iv::1- yD VI. Old Business VII. New Business "..tt;2.ldJ.Q~- , l.Q(J: ') \ \?:iL VIII. Public Comment IX. Adjournment " iJ\.,..~ . To: COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF SEPTEMBER 8, 2003 MEMBERS Bill West Robin Doyle Steve Price Jim Peterka PRESENT: Raymond Rewis Dennis Vasey ABSENT: f ./ \} STAFF: Gene Schmidt Thomas Palmer Gail Hambright Bob Tweedie Bob Titus Stephanie Taylor Debi Mueller PUBLIC: Monica Biondo John Henderson Carol Glassman Mike Taylor Denny Baker Lee Combs Winona Stone 16 J l~W I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1 :OOp.m. and quorum was present. II. APPROVAL OF AGENDA Consent agenda Monthly Financial, July 31, 2003 be removed for discussion. Additions to agenda: III-D Special Meeting Minutes for August 27,2003 Mr. Vasey moved for approval of agenda with changes. Mr. Price seconded the motion. Motion passed unanimously. III. APPROVAL OF CONSENT AGENDA Approved: Minutes of August 11, 2003 and special meeting minutes of August 27,2003; FAA Grant Mr. Vasey moved to approve the Consent Agenda. Mr. Peterka seconded the motion. Motion passed unanimously. IV. ADMINISTRATIVE A. Update on Immokalee Manufacturing Facility No. II Mr. Baker, Director of Finance Administration and Housing, updated the board on the Immokalee Manufacturing Facility No. II. Discussion was held no action was taken. B. Discussions with Parks and Recreation Mr. Titus updated the board regarding the expansion of the park onto the Immokalee Airport. ,:;;L Collier County Airport Authority Minutes September 8, 2003 Page 2 16' 1 C"B1.~ Mr. Price commented that he wanted the board to be kept in the loop of things before any action was taken be the staff. He felt that part of the problem was that the board had been kept out of the loop. Further discussion was held. No action was taken Mr. Tweedie updated the board regarding the construction of a boat ramp at Everglades Airpark. There are a lot of obstacles to overcome such as environmental issues and concerns. Mr. Rewis noted that FAA and FDOT standards would have to be adhered to for the safety of the airport. Further discussion was held. No action was taken. C. Election of Officers The following board members we nominated to serve as Chairman, Vice Chairman and Secretary to be retroactive October I, 2003: Mr. Vasey, Chairman Mr. Doyle, Vice Chairman Mr. Peterka, Secretary Mr. West moved for approval of nomination. Mr. Price seconded the motion. Motion passed unanimously. D. Administrative Code Mr. Vasey addressed the board regarding changes to the Administrative Code/Executive Director. Mr. Vasey incorporated changes that the board had given to him at the last board meeting. Adopt changes as outlined to Administrative Code and reVIew Employee Review System but not as part of the Administrative Code. Mr. Doyle moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. E. Permanent Executive Director Mr. Vasey presented a letter to the Authority Board to be addressed to the Board of County Commissioners regarding the selection of a permanent Executive Director. Discussion was held. :3 Collier County Airport Authority Minutes September 8, 2003 Page 3 16 11113~ Recommendation: Address letter to the Board of County Commissioners informing them that the Authority will conduct a nation wide search for a permanent Executive Director inviting the Board of County Commissioners to appoint a representative to participate in the process and remove Interim from Mr. Schmidt's title. Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. F. Monthly Financial. July 31, 2003 Board members had questions regarding the monthly financial. Mr. Titus addressed all concerns. No action was necessary. V. OLD BUSINESS Mr. Peterka requested that an agenda item regarding the discussion of board meetings being presented at each airport be presented at the next board meeting. VI. NEW BUSINESS VII. ADJOURNMENT Meeting adjourned at 3:00p.m. ~ AGENDA SUMMARY OCTOBER 13, 2003 16 I 1 (132.) AGENDA ITEM NO. III-B CERTIFICATE OF APPRECIATION CONSENT Summary: Mr. Keith Henshall volunteered his valuable time and expertise assisting the Airport Authority in creating our Five-Year Strategic Plan. The Authority and staff would like to show their appreciation by presenting Mr. Henshall the attached certificate. Recommendation: Approve Certificate of Appreciation to Mr. Henshall for volunteering his valuable time and creative effort to our Five- Year Strategic Planning Process and authorize Chairman to sign Certificate of Appreciation. Certificate will be presented to Mr. Henshall at the December meeting. t: ---- Ol v.S c: c: C:l c: ti 0 Qlc: ""- ~U U ...... Q.) QlOl - -QI 0 QJ ..0- 0 ~ C:l e ::::l- -CI) a C:l l...., :3 :.J ti :Jl .~ ~ .~ a .e. of: .Cf) 015 ~ c: ...... a - j ',... ~ l...; ~ QJ QI l...., ""- QI ::::l :Jl a -0 5~ c: U ::::l 0 E8 - - '- ~ 0_ :s :.J l...., ._~ ""- l....,g 00 Q] o~ 6~ lL.QI . 0 u ~ ~E .Cf) :.J CIle5 .~ ...... g.~ - - ti ~ ~ a..; 3 u ci~ L AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. III-C CHEVRON QUALITY CONTROL COMPLIANCE AWARD CONSENT AGENDA Summary: The lmmokalee Regional Airport has just received the "2003 Quality Control Compliance Award" for an inspection of the fuel farm that was conducted on February 18,2003. lmmokalee Regional Airport has received this award for the years 1999, 2000, 2001, 2002 and now 2003. Impact on Master Plan: None Fiscal Impact: None Recommendation: No action required, for information purposes only. -; j)) cd "Jo....1: .01: ;----- - ,,-uue ",0 '..:-.::; 1:61:6' :;--. ~ ':;1,.'6 . .Or~ ','" , "O..:l 1611Crx-) " bb:':' , ._ (>7 . "4ud..:i 0 AGENDA SUMMARY OCTOBER 13,2003 16 11 (B41 AGENDA ITEM NO. IV-A EVERGLADES RUNWAY 15-33 LIGHTING CHANGE ORDER NO.1 CAPITAL IMPROVEMENTS Summary: Mid Continent Electric was awarded the bid for the Everglades Airpark Runway 15-33 Lighting project on June 9, 2003. The original agreement with Mid Continent Electric was $83,340.50. Change Order No. 1 is a deduction of $9,088.94 from the original agreement putting the present agreement amount at $74,251.56. Because this deduction is more than 10% of the original contract amount it requires Authority Board approval. Recommendation: Authority approve Change Order No. 1 for the Runway 15-33 Lighting Project at Everglades Airpark for the deduction amount of $9,088.94 bringing the agreement amount from $83,340.50 to $74,251.56. 1 r-~ HNI HOLE MONTES ENGiNEERS, PLANNERS, SURVEYORS (--- 1611l!~ 6202-F Presidential Court. Fort Myers, Florida 33919 . Phone: 239985.1200 . Fax: 239985.1258 September 5, 2003 Mr. Doug Mcintyre Mid Continent Electric 4586 Progress Avenue Naples, FL 34104 RE: Everg/ades Runway 15-33 Lighting FDOT FM# 206384-1-9401 Everg/ades Airpark HM Project No. 02.118 Dear Doug: Enclosed are six (6) copies of Change Order #1 for the referenced project. Please sign all six copies, forward five to the Authority at the address below and keep one for your files. Mr. Gene Schmidt Interim Executive Director Collier County Airport Authority 2003 Mainsail Dr. Naples, FL 34114 Once the Authority has received approval from FDOT, it will execute the change order and distribute copies to you and this office. At that time you will be authorized to proceed with the work covered in the change order. Very truly yours, c. LJC/ck c.c. Gene Schmidt W:\2002\2002118\LJC\DM0300905Itr.doc 'I Naples' Fort Myers' Venice' Englewood IJI,~, ,,1,,,, I)rl-l~\ ..;t!.1 iD t~ CHANGE ORDER Change Order No. 1 TO: MidContinent Electrical, Inc. 4586 Progress Avenue Naples, Florida 34104 DATE: August 28, 2003 PROJECT NAME: Runway 15-33 Lighting PROJECT NO: 03-3467 FOOT NO: 206384-1-9401 r- 1611CBL) Contract No. 03-3467 Under our Agreement dated: May 7,2003 GC-CA-E-1 \( r ("" 1611~ You are hereby authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Modifications per attached Exhibit A, Change Order #1 Summary. For the (f.t=:l€Jiti'.'€l) (Deductive) sum of: Nine thousand eiqhty-eiqht dollars and ninety-four cents ($9,088.94) Original Agreement Amount $ 83,340.50 $ -0- $ 9,088.94 $ 74,251.56 Sum of Previous Changes This Change Order (AQQ) (Deduct) Present Agreement Amount The time for completion shall be (increased/€JEl€i~8080€J) by Thirty (30) calendar days due to this Change Order. Accordingly, the Contract Time is now One Hundred Twenty (120) calendar days. This substantial completion date is October 6, 2002, and the final completion date is October 6. 2003. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: Y-t" () '- 0)' CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DESIGN PROFESSIONAL: By: ~~~s:~ ~ GC-CA-E-2 !1-- r~ r 1611 ry,~ Exhibit A Change Order #1 Summary For Runway 15-33 Lighting Everglades Airpark Description: 1. Modify existing windcone: Windcone furnished by Owner is designed to operate on 120 volts. The contract documents specifies 6.6 A current system. Modification includes furnishing and installing retrofit kit for windcone to conform to design. 2. Vault Modification: The electrical equipment in the vault results in high room temperature that is not recommended for the equipment. Electrical engineer and contractor recommend installing a thermostatically controlled exhaust fan and louver system. 3. Delete Alternate #1, Beacon Tower: Comments from local community request that the Authority maintain the existing beacon tower. 4. Beacon Tower Modification: In connecting existing beacon tower to new vault, specific electrical items are recommended that were not included in the contract document. The items include: · Photo cellon tower to limit beacon operation between dusk and dawn · Cut off switch at base of tower to isolate tower and beacon from electrical power from vault Cost: 1. Modification to Windcone $ 2,002.15 2. Vault Modification $ 1,508.42 3. Delete Alternate #1, Beacon Tower <$13,239.00> 4. Beacon Tower Modification $ 639.49 Total Deduction <$ 9,088.94> GC-CA-E-3 'J..- \ / 1611(BJ) AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. IV-B IMMOKALEE REGIONAL AIRPORT REVISED WORK ORDER PARALLEL T AXIW A Y CAPITAL IMPROVEMENTS Summary: Attached is the revised work order (CCAA 02-03) assigned to Hole Montes, Inc. for the design phase of the Parallel Taxiway project. The revision includes deletion of the construction administration and inspection tasks. The revision also includes adjustment of fee schedule to confirm to the hourly rate in Exhibit A of the Agreement. The total fee is not to exceed $63,477.00. Recommendation: Approve revised work order (CCAA 02-03) assigned to Hole Montes, Inc. for the design phase of the Parallel Taxiway project at Immokalee Regional Airport and authorize the Chairman to execute all necessary documents. lL{ 1 6 I 11 ~13?J WORK ORDER for Airport Authority Consulting Services Parallel Taxiway C Immokalee Regional Airport CCAA-02-03 In accordance with the terms and conditions of the Agreement dated May 1, 1999 the following Work Order #CCAA-02-03 is assigned to Hole Montes, Inc. (CONSULTANT). This Work Order is for professional engineering and architectural services for the design, permitting, bidding and grant for the Extension of Taxiway "c" and associated improvements at the Immokalee Regional Airport as identified in the project description. ARTICLE A: PROJECT DESCRIPTION The proposed project shall consist of extending Taxiway C (1500:t l.f.) North and include a connection taxiway to Runway 18-36. The taxiway shall be designed for Category II aircraft with a maximum take-off weight of 30,000 pounds. Lighting improvements shall include taxiway edge lighting and signage. The placement of the taxiway will impact approximately 1.5 acres of wetlands which will require environmental permits and mitigation. ARTICLE B: SCOPE OF SERVICES The CONSULTANT agrees to perform certain engineering services for the Collier County Airport Authority (OWNER) which are described as follows: Section: 1. Data Collection a. Review of existing information and design requirements and research completion of requirements for permitting. b. Perform topo survey of proposed taxiway site and prepare base plan. c. Perform site visit for verification of design assumption, additional design requirements and constructability. Page 1 () d. 11 ~ J.. Schedule and attend a pre-design conference with OWNER, FAA and FDOT. 161 (Bz.) e. Conduct geotechnical exploration within the proposed taxiway area to include: 1) Conduct borings along the proposed taxiway centerline to determine the arrangement of different layers of the soil profile with relation to the proposed subgrade elevation. 2) Sampling of the layers of soil. 3) Testing samples to determine physical properties of the various soil materials with respect to in-place density and subgrade support. 4) Prepare geotechnical report summarizing findings and test results and present recommendations for site preparations. Section: 2. Design Phase a. Prepare preliminary construction plans and specifications for the project. b. Submit preliminary plans, specifications and opinion of construction cost to OWNER and FAA for review. c. Prepare plans and exhibits for amendment to the existing Stormwater Management Permit through SFWMD. Task to include the following: 1) Preparation of SFWMD Plans based on surface water management calculations. 2) Preparation of SWM application and checklist. 3) Answer and respond to comments from the SFWNID during review. d. Prepare plans and exhibits for amendment for the Environmental Resource Permit (ERP) through the SFWMD and ACOE for wetland impact. Tasks to include the following: 1) Wetland impact determination. 2) Mitigation Development. 3) Prepare ERP application. Page 2 it" 4) Prepare response for additional information. 16 I 1 tEl) e. Prepare final construction plans, specifications and contract documents suitable for bidding purposes which will set forth in detail the requirements for constructing the taxiway and associated improvements. f. Prepare opinion of probable construction cost, giving in detail the quantities of materials and work of the proposed construction. g. Preparation of an Engineer's Report to summarize research findings and design standards and calculations for submittal to FDOT and OWNER. h. Provide all internal reviews and coordination necessary to ensure quality control measures are implemented throughout the design of the project. 1. Accomplish all work in accordance with FAA Advisory Circular 150/5370 _ lOa "Standards for Specifying Construction Aviation Airports" and FDOT "Standards Specifications for Construction of General Aviation Airports", as necessary, and any supplement thereto and other pertinent advisory circulars. Section: 3. Bidding and Arrangement for Construction a. Prepare the construction plans, contract documents, and specifications. Provide support to the OWNER with preparation of the bid advertisement. b. Attend the Pre-Bid Conference. c. Prepare any addenda required and provide all copies of plans, specifications and engineering submittals necessary to the OWNER and FDOT. d. Prepare twenty-five (25) copies of final plans, specifications and contract documents for bidding purposes. e. Provide technical advice during the bidding period to answer questions raised by the contractors. f. Recommend award of construction contract. Page 3 \1 Section: 4. General Administration 16 I 1 C&.) The CONSULTANT shall provide the following services: a. Retain records for six (6) years and file a system ready for final auditing if found necessary. b. Perform general project coordination throughout the life of the project to ensure the FDOT, FAA and OWNER are informed as to the status of the project. c. Perform quality control measures throughout the life of the project to assure the project is designed in accordance with regulations. d. Assist OWNER in implementation of Disadvantage Business Enterprise (DBE) program. Page 4 lcb ARTICLE C: PROJECT SCHEDULE 1611(-pz) A schedule for the execution of the above-mentioned engineering services shall be established at a review meeting attended by the OWNER and CONSULTANT and shall become part of this Work Order. task: The tentative schedule identifies the number of calendar days required to complete each Item Collection of Data 30 Calendar davs 60% Preliminary Drawings, Specifications and Estimate 60 Calendar davs 100% Final Contract Drawings, Specifications and Estimate 45 Calendar davs Bidding 30 Calendar davs Page 5 (~ 16' 1 (Bl) ARTICLE D: COMPENSATION In accordance with Article V of the Agreement, this County will compensate the CONSULTANT as follows: Section 1 Collection of Data ................................................ ....................... ..$11,197.00 Section 2 Permitting, Design, Construction Drawings, Specifications and Documents............................. ............. ........... .$40,336.00 Section 3 Bidding........................ ........ .......... ..... ........................................... .$6,804.00 Section 4 General Administration......................... ...... ...................... ............. .$5,140.00 TOTAL FEE NOT TO EXCEED..............................................$63,477.00 The OWNER will compensate the CONSULTANT for the services performed under Sections 1 through 4 in accordance with the lump sum amounts. Support documentation for the above fees is included in Exhibit A - Fee Schedule. Page 6 'J-O 161 1 C~~ WORK ORDER REVIEWED BY: Gene Schmidt Interim Executi ve Director Date A TrEST: COLLIER COUNTY AIRPORT AUTHORITY BY: BY: Bill West, Chairman (SEAL) CONSULTANT: HOLE MONTES, INC. . Carriere, Project Manager /Z /' ~. /. /--~ __ ~r ~ ,f/ /______ Signature of Offic~v Robert L. Murray, P.E. Sr. Vice President/Principal Approved as to Form and Legal Sufficiency: Thomas C. Palmer Assistant Collier County Attorney W:\1999\ 1999036\Ua wo CCAA-02.03.1 doc. doc Page 7 -J- \ )'irport: IVPIIFM No: 'roject Name: ,ection: Immokalee Regional Airport Extend Taxiway C 1. Data Collection Task t. Review of existin information J. Perform topo survey '. Perform site visit 1. Attend pre-desi n conference , Conduct eotechnical exploration Permit Coordination :xpenses: )rinting Total Hours Hourly Rate Total 16 I 1 052.) FEE SCHEDULE HOLE MONTES, INC. Consultant Engineer Project Professional 3-Man Engineer Principal Sr. Proj. Mgr. Engineer Surveyor Crew Technician Clerical 4 2 2 4 16 2 4 24 4 2 2 4 2 4 o $130.00 $ $ 270.00 Total Expenses: $ 270.00 ;ubconsultant Services: ;eothechnical M Administration 10% $3,539.00 $354.00 $3,893.00 2 2 14 18 $110.00 $95.00 $ 1,540.00 $1,710.00 $ 4 24 16 $80.00 $98.00 $60.00 320.00 $ 2,352.00 $ 960.00 $ 4 $38.00 152.00 Total Labor Cost: $ 7,034.00 Total Expenses: $ 270.00 Total Subconsultants: $ 3,893.00 Total: $11,197.00 II TOTAL THIS ARTICLE: $11,197.0011 'Y ~ 16 I 1 rnz) FEE SCHEDULE HOLE, MONTES, INC. Consultant Airport: WPIIFM No: Project Name: Section: Immokalee Regional Airport Extend Taxiway C 2. Design Phase Engineer Project Staff Engineer Task Principal Sr. Proj. Mgr. Engineer Engineer Technician Clerical 1. Prelimina Desi n 8 16 24 64 16 2. Construction Cost Estimate 1 4 8 2 3. Surface Mana ement Permit 8 24 8 24 12 4. Wetland/Wildlife Impact 3 2 5. Final Plans 8 12 24 58 4 6. Technical Specification 4 16 8 En ineer's Report 3 4 2 4 7. Project Coordination 4 4 2 8. Meetin s 4 2 2 Total Hours 0 43 82 56 156 52 Hourly Rate $130.00 $110,00 $95.00 $80.00 $60.00 $38.00 Total $ $ 4,730.00 $ 7,790.00 $4,480.00 $ 9.360.00 $ 1,976.00 Expenses: Printing 5 sets of Premlinary @ $80.00 ea. $ 5 sets of Premlinary @ $80.00 ea. $ 15 Sets of Plan/Permits @$50.00 $ Total Expenses: $ 400.00 400.00 750.00 1,550.00 Total Labor Cost: $28,336.00 Total Expenses: $ 1,550.00 Total Subconsultants: $10,450.00 Total: $40,336.00 II TOTAL THIS ARTICLE: $40,336.00 II Subconsultant Services: ::>assarella & Associates, Inc. Electrical Engineer HM Administration @ 10% Total Subconsultants $ 6,000.00 $ 3,500.00 $ 950.00 $10,450.00 d-~ 16 I 1 (]~)! FEE SCHEDULE Passarella & Associates, Inc. Sub-Consultant Airport: WPIIFM No: Project Name: Section: Immokalee Regional Airport Extend Taxiway C 2. Design Phase Senior Task Principal Ecologist Ecologist CADD Admin. 1. Enviromental Permit 4 8 8 12 2. Mitigation & Monitoring 2 8 24 Plan 3. Ne otiation on Miti ation 4 8 4 Total Hours 10 0 24 32 16 Hourly Rate $ 110.00 $ 90.00 $ 80.00 $ 60.00 $ 30.00 Total $ 1,100.00 $ $ 1,920.00 $ 1.920.00 $ 480.00 Total labor Cost: $ 5,420.00 Total Expenses: $ 580.00 Expenses: Permitting $ 580.00 Total Expenses: $ 580.00 Total: $ 6,000.00 )i 16 I 1 (J3z) FEE SCHEDULE HOLE, MONTES, INC. Consultant Airport: WPI/FM No: Project Name: Section: Immokalee Regional Airport Extend Taxiway C 3. Bidding Engineer Project Staff Engineer Task Principal Sr. Proj. Mgr. Engineer Engineer Technician Clerical a. Prepare bid document & plans 4 4 4 2 b. Attend Pre-Bid Confernence 4 c. Prepare addenda 2 4 1 2 d. Prepare copies of plans/docs 2 4 2 e. Technical advice 2 8 1 f. Recommend award 2 2 1 Total Hours Hourly Rate Total o $130.00 12 22 $110.00 $95.00 $ 1,320.00 $ 2,090.00 $ o $80.00 9 8 $60.00 $38.00 $ 540.00 $ 304.00 $ Total Expenses: $ 2,000.00 Total Labor Cost: $ 4,254.00 Total Expenses: $ 2,000.00 Total Subconsultants: $ 550.00 Total: $ 6,804.00 II TOT AL THIS ARTICLE: $ 6,804.00 II Expenses: Printing 25 sets @ $80 $ 2,000.00 Subconsultant Services: Electrical Engineer Administration 10% $ 500.00 $50.00 Total Expenses: $ 550.00 ",,- ~7 1611(12) AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. IV-C MARCO ISLAND EXECUTIVE AIRPORT REVISED WORK ORDER PARALLEL TAXIWAY MITIGATION CAPIT AL IMPROVEMENTS Summary: Attached is the revised work order (CCAA 03-01) assigned to Hole Montes, Inc. for the design phase of the referenced project. The revision includes deletion of the construction administration and inspection tasks. The survey to establish project limits and the base line monitoring report were maintained to match the FAA grant application. The revision also includes adjustment of fee schedule to confirm to the hourly rate in Exhibit A of the Agreement. The total fee is not to exceed $78,528.00. Recommendation: Approve revised work order (CCAA 03-01) assigned to Hole Montes, Inc. for the design phase of the Parallel Taxiway project at Marco Island Executive Airport and authorize the Chairman to execute all necessary documents. d-~ 16 I 1 CBl) WORK ORDER For Airport Authority Consulting Services Taxiway Mitigation Program, Marco Island Executive Airport CCAA-03-01 In accordance with the terms and conditions of the Agreement dated May 1, 1999 the following Work Order #CCAA-03-01 is assigned to Hole, Montes, Inc. (CONSULTANT). This Work Order is for professional engineering and environmental services for the design, permitting, bidding, and grant administration, of the trash road west mitigation site associated with the parallel taxiway at the Marco Island Executive Airport as identified in the project description. ARTICLE A: PROJECT DESCRIPTION The expansion of the Marco Island Executive Airport will result in unavoidable wetland impacts to Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers (ACOE) jurisdictional wetlands. In order to offset these impacts, FDEP and ACOE permits will require enhancement and restoration activities at the Trash Road (West) mitigation site locate within the Rookery Bay National Estuarine Research Reserve (NEER). The Trash Road (West) mitigation plan includes 7.56:t acres of wetland restoration; 213.97::t acres of wetland enhancement; 18.96:t acre of upland restoration; 20.99:t acres of "other surface waters" preserve; 60.45:t acres of upland enhancement; backfilling of ditches to restore natural hydrology; and geo- webbing of two sites along the FPL easement road to the southwest of the property. ARTICLE B: SCOPE OF SERVICES The CONSULTANT agrees to perform certain engineering services for the Collier County Airport Authority (OWNER) which are described as follows: Section: 1. Design Phase a. Review of existing information and requirements in the environmental permits for the project. b. Schedule and attend a pre-design conference with OWNER, FAA and FOOT. c. Prepare preliminary construction plans and specifications for the project. d. Submit preliminary plans, specifications and opinion of construction cost to OWNER and FAA review. e. Attend a meeting with Rookery Bay NERR staff to review construction plans and 10f5 ., dJ 1611(Bl.) technical specifications. f. Attend a meeting with OWNER to review preliminary submittal and review comments by Rookery Bay. g. Prepare final construction plans, specifications and contract document suitable for bidding purposes which will set forth in detail the requirements for constructing the taxiway and associated improvements. h. Prepare opinion of probable construction cost, giving in detail the quantities of materials and work of the proposed construction. 1. Preparation of an Engineer's Report to summarize research finding and design standards and calculations for submittal to FDOT, FAA and OWNER J. Provide all internal reviews and coordination necessary to ensure quality control measures are implemented throughout the design of the project. Section: 2. Bidding and Arrangement for Construction The CONSULTANT shall provide the following services: a. Prepare the construction plans, contract documents, and specifications. Provide support to the OWNER with preparation of the bid advertisement. b. Attend the Pre-Bid Conference. c. Prepare any addenda required and provide all copies of plans, specifications and engineering submittals necessary to the OWNER, FAA and FDOT. d. Prepare twenty-five (25) copies of final plans, specifications and contract documents for bidding purposes. e. Provide technical advice during the bidding prior to answer questions raised by the contractors. f. Recommend award of construction contract. Section: 3. General Administration The CONSULTANT shall provide the following services: a. Retain records for six (6) years and file a system ready for final auditing if found necessary. 20f5 ,I ifg 16 I 1 ~l) b. Perform general project coordination throughout the life of the project to ensure the FAA, FDOT and OWNER are informed as to the status of the project. c. Perform quality control measures throughout the life of the project to assure the project is designed and constructed in accordance with regulations. d. Assist OWNER in implementation of Disadvantaged Business Enterprise (DBE) program. Section: 4. Surveying and Monitoring Reports a. Surveying: 1. Perform a GPS survey of the proposed mitigation to establish project. 2. Perform topographic survey of upland management area to establish existing condition. b. Baseline Monitoring Report Conduct baseline monitoring event prior to bidding and prepare report. Submit baseline monitoring report to FDEP, Rookery Bay NERR, and Corps. 3 of 5 'll c ,~ 16 11 Ct3z) ARTICLE C: PROJECT SCHEDULE A schedule for the execution of the above-mentioned engineering services shall be established at a review meeting attended by the OWNER and CONSULTANT and shall become part of this Work Order. The tentative schedule identifies the number of calendar days required to complete each task: Item 60% Preliminary Drawings, Specifications and Estimate 100% Final Contract Drawings, Specifications and Estimate Bidding 45 Calendar davs 45 Calendar davs 30 Calendar days ARTICLE D: COMPENSATION In accordance with Article V of the Agreement, this County will compensate the CONSULTANT as follows: Permitting, Design, Construction Drawings, Section 1 Specifications and Documents $ 29,221.00 Section 2 Bidding and Arrangement for Construction $ 6,661.00 Section 3 General Administration $ 4,820.00 Section 4 Survey and Monitoring Reports $ 37,826.00 TOTAL FEE NOT TO EXCEED $ 78,528.00 The OWNER will compensate the CONSULTANT for the services performed under Sections 1 through 4 in accordance with the lump sum amounts. Support documentation for the above fees is included in Exhibit A - Fee Schedule. 40f5 d 3D 1611(&) WORK ORDER REVIEWED BY: Gene Schmidt Date Interim Executive Director ATTEST: COLLIER COUNTY AIRPORT AUTHORITY BY: BY: Bill West, Chairman (SEAL) CONSULT ANT: ATTES~: ~ ' BY: A /.- P Si ature Luc carriereF Project Manager HOLE, MONTES, INC. ~L~~ Signa~ Robert L. Murray, P.E. Sf. Vice President/Principal Approved as to Form and Legal Sufficiency: Thomas C. Palmer Assistant Collier County Attorney W:\1999\ 1999036\UO WO CCAA-03.01 rev. doc 5 of 5 'I, 3 f 161 "l(}LJ FEE SCHEDULE HOLE, MONTES, INC. Consultant Airport: WPI/FM No: Project Name: Section: Marco Island Executive Airport Taxiway Mitigation Program 1. Design Phase Principal Engineer Sr. Proj. Mgr. Project Engineer Staff Engineer Engineer Technician Clerical Task 1. Prelimina Desi n 2. Construction Cost Estimate 3. Final Plans 4. Technical Specifications En ineer's Report 5. Project Coordination 6. Meetin s 4 2 4 2 2 4 8 8 4 8 16 8 4 16 8 4 2 4 4 2 Total Hours Hourly Rate Total $ o $130.00 29 48 $110.00 $95.00 $ 3.190.00 $ 4,560.00 $ o $80.00 30 $60.00 $ 1,800.00 $ 12 $38.00 456.00 Expenses: Total labor Cost: $10,006.00 Printing 5 sets of Prelimary @ $72 ea. $ 360.00 Total Expenses: $ 735.00 5 sets of Finals @ $75 ea. $ 375.00 Total Subconsultants: $18,480.00 Total Expenses: $ 735.00 Total: $29,221.00 Subconsultant Services: II TOTAL THIS ARTICLE: $29,221.00 II Passarella & Associates, Inc. $ 16,800.00 HM Administration 10% $ 1,680.00 Total Expenses: $ 18,480.00 " FEE SCHEDULE CCAA WO 03.01.xls-1 3':2 16 I 1 (1St.) FEE SCHEDULE Passarella & Associates, Inc. Sub-Consultant Airport: WPI/FM No: Project Name: Section: Marco Island Executive Airport Taxiway Mitigation Program 1. Design Phase Senior Environ. Principal Ecologist Ecologist Tech 40 0 40 0 16 0 24 0 Auto Cadd Admin. 56 24 16 8 Total Hours 56 0 64 0 80 Hourly Rate $ 110.00 $ 90.00 $ 80.00 $ 70.00 $ 60.00 $ Total $ 6,160.00 $ $ 5.120.00 $ $ 4,800.00 $ 24 30.00 720.00 Total Cost: $ 16,800.00 TOTAL THIS ARTICLE: $ 16.800.00 'II ?J3 1 6 I 1 (Bl) FEE SCHEDULE HOLE, MONTES, INC. Consultant Airport: WPIIFM No: Project Name: Section: Marco Island Executive Airport Taxiway Mitigation Program 2. Bidding Task Principal Engineer Sr. Proj. Mgr. Project Engineer Staff Engineer Engineer Tech Clerical a. Prepare bid document & plans b. Attend Pre-Bid Confernence c. Prepare addenda d. Prepare copies of plans/docs e. Technical advice f. Recommend award 2 4 2 2 4 2 2 2 2 2 2 o $130.00 12 $110.00 $ 1,320.00 $ 4 $95.00 380.00 $ $80.00 2 8 $60.00 $38.00 $ 120.00 $ 304.00 $ Total Expenses: $ 1,875.00 Total Labor Cost: $ 2,124.00 Total Expenses: $ 1,875.00 Total Subconsultants: $ 2,662.00 Total: $ 6,661.00 II TOT AL THIS ARTICLE: $ 6,661.00 II Expenses: Printing 25 sets @ $75 $ 1,875.00 Subconsultant Services: Passrella & Assoc. HM Administration 10% $ 2,420.00 $ 242.00 Total Expenses: $ 2,662.00 S:\1999\1999036\FEE SCHEDULE CCAA WO 03.01.xls 3'1 '4 1611 (IJz) FEE SCHEDULE Passarella & Associates, Inc. Sub-Consultant Airport: WPVFM No: Project Name: Section: Marco Island Executive Airport Taxiway Mitigation Program 2. Bidding Senior Environ. Auto Task Principal Ecologist Ecologist Tech Cadd Admin. Pre-Bid 4 4 Addendums 4 10 5 4 Total Hours 8 0 14 0 5 4 Hourlv Rate $ 110.00 $ 90.00 $ 80.00 $ 70.00 $ 60.00 $ 30.00 Total $ 880.00 $ - $ 1,120.00 $ - $ 300.00 $ 120.00 Total Cost: $ 2,420.00 TOTAL THIS ARTICLE: $ 2,420.00 " 5 -3 1611[Bl) FEE SCHEDULE HOLE, MONTES, INC. Consultant Airport: WPIIFM No: Project Name: Section: Marco Island Executive Airport Taxiway Mitigation Program 3. General Administration Principal Engineer Sr. Proj. Mgr. Project Engineer Staff Engineer Engineer Tech Clerical Task a. Project cost Coordination b. Oesi n Administration c. Project Quality Control d. Grant Closeout e. DBE Pro ram 2 8 2 2 4 2 8 4 4 4 4 4 4 4 Total Hours 0 18 22 0 4 12 Hourly Rate $130.00 $110.00 $95.00 $80.00 $60.00 $38.00 Total $ $ 1,980.00 $ 2,090.00 $ $ 240.00 $ 456.00 Expenses: Total Labor Cost: $ 4,766.00 Printing; $ 54,00 Total Expenses: $ 54.00 Total Subconsultants: $ Total Expenses: $ 54.00 Total: $ 4,820.00 Subconsultant Services: N/A II TOTAL THIS ARTICLE: $ 4,820,00 II .\ S:\ 1999\ 1999036\FEE SCHEDULE CCAA WO 03.01.xls .3~ 1 6 I 1 CBz) FEE SCHEDULE HOLE, MONTES, INC. Consultant Airport: WPI/FM No: Project Name: Section: Marco Island Executive Airport TaxiwayMitigation Program 6. Surveying & Monitoring Report Task Principal Surveyor Staff Engineer 2-Man Survey Crew Clerical 4 4 284 4 & As-Built 2 Total Hours 6 4 284 4 Hourly Rate $80.00 $80.00 $85.00 $38.00 Total $ 480.00 $ 320.00 $ 24,140.00 $ 152.00 Expenses: Total Labor Cost: $ 25,092.00 Printing: $ 18.00 Total Expenses: $ 18.00 Total Subconsultant: $ 12,716.00 Total Expenses: $ 18.00 $ 37,826.00 Subconsultant Services: Passarella & Assoc. HM Administration 10% $ 11,560.00 $ 1,156.00 II $ 37,826.00 II Total Expenses: $12,716.00 .u W:\ 1999\ 1999036\ljc\WOCCAA WO 02.02.exls )7 16 I 1 (Bz) FEE SCHEDULE Passarella & Associates, Inc. Sub-Consultant Airport: WPI/FM No: Project Name: Section: Marco Island Executive Airport Taxiway Mitigation Program 6. Surveying & Monitoring Report Task Principal Senior Ecologist Ecologist Environ. Tech. Auto CADD Admin. Baseline Monitorin 8 60 60 12 32 8 $ 110.00 $ $ 880.00 $ o 60 60 12 90.00 $ 80.00 $ 70.00 $ 60.00 $ $ 4,800.00 $ 4,200.00 $ 720.00 $ 32 30.00 960.00 Expenses: N/A Total Cost: $11,560.00 $ 11 ,560.00 Total Expenses: TOTAL THIS ARTICLE: $11,560.00 " jg 1611lBzJ AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-A WRIGHT BROS. CENTENNIAL EXPO ADMINISTRATIVE Summary: In honor of and to commemorate the historic events surrounding the Wright brothers' first flight, the Airport Authority would like to propose an event to be held on Wednesday, December 17,2003. At precisely 10:35 a.m.--100 years to the moment after the Wright brothers first achieved sustained flight--we intend to mark this occasion with a flight of our own. Surrounding this special event, the Airport Authority has been working diligently to plan an event that will incorporate both the local community and the children of the area. Our key focus for this entire undertaking is to underscore the importance of education, information, commemoration and, for the Authority itself, public relations. With the assistance of many wonderful outside volunteers, we are hoping to organize an event that will essentially bring in several hundred school children to the Marco Island Executive Airport, lead them through informational demonstrations about aircraft and the history of flight, tour through the CAP building, where they will see static displays and hear more about how and why things fly, and ultimately lead them to the viewing area for the 10:35 a.m. flight. This flight will be approximately the length and height of the Wright brothers' flight, and will be in a plane that is a quarter-scale replica of their original. In addition to this special flight, we would like to add several other quarter-scale planes, model planes and possibly an aerial demonstration. The entire demonstration and event should run roughly 3-3 Y2 hours for the students, at which point we will move them back towards their buses and get them back to school. An undertaking such as this requires impeccable planning and organization, and we are now in the process of assessing our responsibilities and needs from all angles. The school district has been contacted in order to begin coordination and planning for the field trip, and the East Naples Civic Association and the East Naples Kiwanis are already on board as volunteers to assist with safety, logistics and crowd control. Ideally, we will put on a wonderful, educational event here for children and for the local community. Recommendation: Discuss and approve the necessary planning and actions to carry out the Wright Bros. Centennial Expo on December 17,2003. -, t>t 161 AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-B UPDATE FROM PARKS & REC ON LAND SWAP AT IMMOKALEE AIRPORT ADMINISTRATIVE Summary: Marla Ramsey and Jim Fitzek of the County's Parks & Recreation Department will update the Authority on the status of the land swap at the lmmokalee Regional Airport. Recommendation: None (Bl) L{O 16 I 1 (B7J AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-C UPDATE OF IMMOKALEE MANUFACTURING FACILITY II ADMINISTRATIVE Summary: Staff from the Authority, EDC and the County Financial Administration and Housing Department will update and present the Authority with a proposed lease for the Immokalee Manufacturing Facility II with Gulf Coast American Blinds, Inc. and a budget amendment required to complete tenant improvements. Recommendation: That the Authority approve the proposed lease and budget amendment and authorize Chairman to execute any necessary documents. LA\ 16 i 1 (131) @~" (NAME OF SUBTENANT) SUBLEASE MANUFACTURING FACILITY AND AGREEMENT IMMOKALEE REGIONAL AIRPORT FOR THE FOLLOWING ACTIVITIES: SHIPPING AND RECEIVING Landside Lease Revised: - Lf?- 16 I ' (152-) TABLE OF CONTENTS ARTICLE ITEM PAGE ARTICLE I TERM OF SUBLEASE 4 ARTICLE 11 SUBLEASED PREMISES 5 ARTICLE III RENTS AND FEES 7 ARTICLE IV EXCLUSIVE RIGHTS 8 ARTICLE V OBLIGATIONS OF AUTHORITY 8 ARTICLE VI OBLIGATIONS OF SUBTENANT 9 ARTICLE VII IMPROVEMENTS 12 ARTICLE VIII IvL-\INTENANCE 13 ARTICLE IX ASSIGNMENT AND SUBSUBLETIING 14 ARTICLE X SURRENDER OF PREMISES 14 ARTICLE XI INDEMNIFICATION AND INSURANCE 15 ARTICLE Xl1 CONCESSIONS 17 ARTICLE XIII CONTRA..CTS TO OTHERS 17 ARTICLE XIV VENDING ivL-\CHINES 17 ARTICLE XV TRADE FIXTURES 17 AR TI CLE Aryl GOVERNMENT INCLUSION 18 ARTICLE xvII RCLES AND REGULATIONS 20 ARTICLE XVIII TITLE TO IMPROVEMENTS 20 ARTICLE XIX EARLY TElUvfINA TION AND RELETIING 20 ARTICLE XX NOTICE OF TElUvfINA TION 21 ARTICLE XXI NON-WAIVER OF RIGHTS 21 ARTICLE XXII SURRENDER OF POSSESSION 21 ARTICLE XXIII INSPECTION OF PREMISES 22 ARTICLE XXIV HOLDING OVER 22 ARTICLE XXV NO LIENS 22 ARTICLE XXVI rL\ZARDOUS SUBSTANCES 22 ARTICLE XXVII WAIVERS 25 ARTICLE XXVIII AGENT FOR SERVICE OF PROCESS 25 ARTICLE XXIX WAIVER OF CLAIMS 26 ARTICLE K..'CX HEADINGS 26 .? l.f / ARTICLE XXXI' ARTICLE xx-''CII ARTICLE XXXIII ARTICLE XXXIV ARTICLE K.'O...v CONSTRUCTION AND SAVINGS LAND RADIATION EMISSION STANDARDS NOTICES CANCELLATION PARTICIPATING PARTY AGREEMENT 26 27 27 28 29 1611(Ez) ~L( SUBLEASE AGREEMENT 1611GB?-) THIS SUBLEASE OF LAND AGREEMENT, made this 1 'st day of November. between COLLIER COUNTY AIRPORT AUTHORITY, a public body established under County Ordinance 93-36 and affirmed by County Ordinance 95-67, with offices at 2003 Mainsail Drive, Naples, Florida 34114, (hereinafter referred to as "AUTHORITY") and whose address is 160 3705 Westview Drive, Naples, FL 34104 ("SUBTENANT"). WITNESSETH WHEREAS, Authority is responsible for operation and maintenance of Immokalee Regional Airport, owned by and located in the County of Collier, State of Florida, ("AIRPORT"), and WHEREAS, Authority leases the Airport from Collier County and deems it advantageous to itself and to its operation of the Airport to enter into this Agreement to lease a Manufacturing Facility and other facilities and equipment if any, that are described herein to subtenant, and WHEREAS, Subtenant is a WHEREAS, The parties hereto hereby enter into a Sublease for-a building constructed at the Airport by the Authority, and WHEREAS, As used herein the words Collier County and the County of Collier are under interchangeably and no distinction is intended or should be inferred; and WHEREAS, As used herein any power or authority then delegated to the Executive Director of the Authority or his/her designee may be performed on behalf of the Authority by the Executive Director and/or his/her designee without the inclusion in the respective provision herein of any phrase such as the" Authority's agent or designee", etc. NOW, THEREFORE, In consideration of the premIses and the mutual covenants and promIses hereinafter contained, the parties hereto hereby agree as follows: ARTICLE I TERM OF SUBLEASE The term of this Agreement shall be for an effective "commencement date" as of the 1 'st . Said term and rent, fees and charges sha1l have -Nh " , 45 ARTICLE II 161 ': C~ SUBLEASED PREMISES A. Description of Subleased Premises. 1. Authority, in consideration of the compensations, covenants, and provisions set forth herein to be kept and performed by the Subtenant, does hereby sublease unto Subtenant upon the provisions hereinafter set forth, all of which the Subtenant accepts, the Subleased Premises identified on Exhibit "A" attached hereto and made a part hereof which includes a 10,504 square foot building and common area surrounding the building. 2. Subject to the means of access thereto as depicted in Exhibit A, attached hereto, Subtenant may enjoy, along "rith the public, the authorized use of all public airport facilities and improvements of a public nature which are now or may hereafter connected with or appurtenant to said Airport, except as hereinafter provided, to be used by Subtenant as specifically defined herein under Section B, "Privileges, Use, and Rights". 3 . "Public Airport Facilities" includes all necessary landing area appurtenances, including, and not limited to, approach areas, runways, taxiways, aprons, aircraft, and automobile parking areas, roadways, sidewalks, navigational and navigational aids, lighting facilities, or other public things appurtenant to said Airport for so long as they exist and are available to the public. 4 . The sublease of the premises and its acceptance by Subtenant is conditioned upon all of the following: a. No functional alteration of the Subleased Premises inclusive of constructing walls or removing walls between bays or change in any use of such premises shall be made without prior written approval of the Executive Director. b. The privilege to use said public Airport facilities in common with others authorized to do so shall be exercised subject to and in accordance \vith the laws of the United States of America, the State of Florida, County of Collier, and all rules and regulations promulgated by their authority, and in accordance \vith all applicable rules, regulations, and ordinances of Collier County, now in force or hereafter prescribed or promulgated. B. Privileges, Uses and Rights. In addition to the general privileges and uses attaching to the Subleased Premises herein, (as described) and \vithout limiting the generality thereof, only the following specific privileges and uses are licensed to the Subtenant: 1. The right to conduct the follo\ving activities: Manufacturing. -5- ylt Consulting Services. Distribution of items manufactured on the leased prermses. Calibration. \Varehousing. Product Assembly. Painting. Staining. Powder Coating. Secretarial and Office Support Services. Importing and Exporting No sub-sub tenant shall be allowed to use any part of the premises for any use that is not expressly specified above in this paragraph B. Note: None of the above shall include agricultural related activity 'without the express written consent of the Authority. 2. The use, in common with other duly authorized users, of the Airport, consisting of roadways, runways, taxiways, all aids of air navigation for the Airport, and all public areas (limited public forums) of the Airport consistent with airport rules and regulations. 3. The privilege of ingress to and egress from the -Subleased Premises, over Airport roadways, including the use of common use roadways, subject to general law and such rules and regulations as may be established by /\uthority or Collier County. 4. The use, in common \vith other duly authorized users, of the "Common Area" (parking area, paved area and landscaped area surrounding Sublease Premises) as depicted in Exhibit A. 5. The use of equipment as described in Exhibit B subject to the requirements of USDA attached hereto as Exhibit C and made a part hereof notwithstanding any other provisions in this Sublease. 6. The operation and maintenance of facilities and improvements upon the Subleased Premises for the purpose of carrying out any or all of the activities authorized herein subject to all provisions of this Agreement. 7. The right to install and operate appropriate identifying signs on the Subleased Premises provided that plans for the type, size, design, color, fabrication, location and operation of any such signs shall have been submitted to and expressly approved in writing by the Executive Director prior to installation of any 16 I 1(12-) sIgn. -6 L-(7 ARTICLE III A. Rents and Fees RENTS AND FEES I. Subtenant shall pay to Authority the following Rent: Lease Year 2: Lease Year 3: Lease Year 4: Lease Year 5: $4.12 per square foot per year $4.24 per square foot per year $4.37 per square foot per year $4.50 per square foot per year 16 I 1 (Bz) The subleased premises is 10,504 square feet. Annual Sublease rent shall be based on the above rate per square foot area of the building. 2. Subtenant shall pay a security deposit of $4,000 upon execution of the lease. Said deposit shall be returned upon termination of this lease less any assessable damages resulting from Subtenant's occupancy of facilities. Said deposit may be returned upon any assignment of this lease. B. Without waiving any other remedy available to Authority in the event of default in payment of fees or rent hereunder, if the Subtenant is delinquent for a period of ten (10) days or more in paying to Authority any fee or rent payable to Authority pursuant to this Agreement, Subtenant shall pay to Authority interest thereon at the rate of fifteen (15%) percent simple interest per annum from the date such item was due and payable until paid. This late payment fee in no way is a limiter on any other remedy available to the Authority. C. The payments from Subtenant to Authority on all of the sums of money identified in paragraph A, above, shall be made as follows: 1. Rent shall be paid in equal monthly installments in advance without demand on the first day of each month and shall include Florida sales taxes. 2. Payments of all rent and fees are to be paid in lawful money of the United States of America. 3. Payments shall commence on the l' st D. Adjustment of Rent. At the end of the year of the term of this Agreement a new by the tenant at the above schedule of rates. year option can be exercised ~~ ARTICLE IV EXCLUSIVE RIGHTS Subtenant shall have exclusive use during the term of this Agreement of only that area identified as the Subleased Premises 10,504 square foot building and common area) as depicted on Exhibit A. 1611($l) ARTICLE V OBLIGATIONS OF AUTHORITY Authority Covenants and Agrees: A. It has jurisdiction and power over the Subleased Premises and full right and authority to sublease the same to Subtenant as herein set forth, and that all things have happened and been done to make its granting of said sublease effective, and Authority wan-ants to the Subtenant peaceful possession and quiet enjoyment of the Subleased Premises during the term hereof upon faithful performance of Subtenant's covenants herein. B. That during the term hereof to operate and maintain the Airport and its public facilities as a public airport. -8- ti1 D. That the Authority will pay for the cost to install a sub-meter for the purpose of tracking water used to irrigate the landscaping within the Common Area surrounding the Subleased Premises. E. That the Authority will pay for the cost of water used to irrigate and the cost of maintaining the landscaping within the Common Area surrounding the Subleased Premises for the F. H. 1. G. ARTICLE VI OBLIGATIONS OF SUBTENANT Subtenant Covenants and Agrees as follows: . A. The use and occupancy of the Subleased Premises by the Subtenant shall be without cost or expense to the Authority or Collier County. Subtenant shall pay for all utility services at the facility subject to Article V. B. Subtenant shall at its own expense maintain improvements and appurtenances thereto in a presentable condition consistent \vith good business practice, and will procure and keep in force during the term of this Agreement all necessary occupational licenses and permits as are required by law or ordinance for the operation of each of sub-subtenants business activities on the Subleased Premises. C. Subtenant shall cause to be removed at its own expense from the Subleased Premises and Common Area securing adequately size dumpster to be located in Common Area to take care of Subleased premises all waste, garbage and rubbish, and shall not deposit same on any part of the Airport; except Subtenant may deposit same temporarily on the Subleased Premises in connection with established collection or removal of all such items. D. Subtenant shall S;lYe the Authority and Collier County harmless from any and all costs or charges for utility services furnished to or a\'ailable to Subtenant and from all other expenses of Authority as may be incurred in the operation and maintenance of the Subleased Premises. 5'0 (&)! not allow the accumulation of materials, parts, etc., on such premises. F. Subtenant will not suffer or permit to be maintained upon any improvements on the Subleased Premises any billboards or signs except those which may be specifically approved in writing by the Executive Director. H. Subtenant and its patrons, invitees, and all others shall pay .the field use charges as may be levied generally by the Authority direcdy upon the operation of aircraft, including fuel flowage fees. 1. Subtenant shall conduct its business in a proper and first-class manner at all times and shall operate in harmony \vith all others on the Airport and will at all times operate with safety and with concern for others and with courtesy to the public. J. Subtenant will pay rent and all other charges to the Authority and to the County of Collier at such times and places as the same are due and payable. K. Subtenant shall surrender the Subleased Premises upon the expiration of this Agreement 111 the condition in which they are required to be kept. L. Subtenant will observe and comply with any and all requirements of the constituted public authorities and \vith all federal, state, or local statutes, ordinances, rules, regulations, and standards applicable to Subtenant, including, but not limited to, rules and regulations promulgated from time-to-time by or at the direction of Authoritv. M. Subtenant \vill pay all taxes assessed or imposed by any governmental authority, including Collier County, upon the Sublease or upon the building or other improvements and equipment erected, installed, or utilized on the Subleased Premises. Subtenant may contest such taxes; however, Subtenant shall do all that is necessary to prevent a tax lien or tax certificate from being placed on the Subleased Premises or the leasehold estate during such contest, or otherwise. N. Subtenant shall use the Subleased Premises only for the uses hereinbefore described, unless it receives prior express written consent of Authority to use the premises for such other purpose(s), by amendment to this agreement. -10- "j :51 1611(52.) O. Subtenant shall allow Authority free access to the Subleased Premises during normal business hours for the purpose of examining same to investigate whether all provisions of this Agreement are being-done and performed by Subtenant and Sub-Subtenants. Authority shall have the right to enter any building or structure on the Subleased Premises at any time in the event of an emergency. The determination of an emergency shall be at the sole discretion of the Executive Director or his designee. P. At the termination of this Agreement by lapse of time or otherwise, Subtenant shall yield up and surrender immediate possession of the Subleased Premises to Authority; upon failure to do so Subtenant shall thereafter automatically be a tenant at sufferance. This Agreement shall not be construed as a waiver by Authority of any right of re-entry as has been hereinbefore provided, nor shall the receipt of rent of any part of rent and/ or any other act(s) in apparent affirmance of the tenancy operate as a waiver of Authority's rights to declare this Agreement terminated. The term hereby granted shall be at an end for the period remaining still unexpired by reason of any subsequent breach of any provision herein contained. Q. I\uthority shall have a specific lien on all merchandise and property of Subtenant, including goods, chattels, fixtures, inventory and equipment of Subtenant brought upon the Subleased Premises at any time. The lien shall be security for the payment of rent and the performance of any obligation of Subtenant, which specific lien shall be in addition to any other landlord's lien as is now or may hereafter provided for under the laws of the State of Florida. Any such lien may be foreclosed in equity in the same manner as a mortgage lien. R Subtenant will not construct any building or structure \vithout prior approval of Authority, nor allow any object of natural growth to exceed a height of 20 feet. In addition, Subtenant shall not otherwise be in violation of the height limitations or restrictions now in effect or from time-to-time made and enacted by Authority, the United States of America, the State of Florida, or the County of Collier. Subtenant shall not allow any installation or operation, including any electronic device, which in any way interferes with the safe conduct of the flight of aircraft at or near the Airport. Subtenant shall make no use of the Airport which in any way interferes with the safe conduct of the Airport or any aircraft operation. The Executive Director has authority to make all determinations as to whether or not such interference does or might exist in the use or occupation of the said Area at or near the Airport. S. The Subleased Premises are in a location near which aircraft will operate at low altitudes. Subtenant hereby waives any claims, demands, losses, damages, liabilities, or causes of action of every -11- t). ?- 1 6 I 1 (Bzj"j kind, character, or nature which it has or may have against Authority and/or Collier County by virtue of said aircraft, flying over, landing or taking off from, or otherwise using the Airport, including noise, dust, vibration, fallout, and/or other things in connection therewith. T. Subtenant shall provide the following services and comply with the following as outlined in the Participating Party Agreement between Collier County and (included by reference): 1. Shall ensure that the CDBG and USDA grant obligations of job creation, and all other conditions of the grants are maintained. 2. Shall be responsible for developing negotiation and enforcing all sub-sublease agreements. 3. Shall maintain all areas in a decent, safe and sanitary condition. 4. Shall resolve all sub-subtenant disputes. ARTICLE VII IMPROVEMENTS B. Alterations, Future Improvements and Repairs. During the term hereof, Subtenant shall have the right, subject to approval of Authority and Collier County permitting procedures and process, to install or erect additional. structural and other improvements on the Subleased Premises, or to alter, change or make other improvements in the Subleased Premises; provided, however, that improvements do not conflict with the current use and future development of the Airport and that all such alterations or improvements shall be commenced only after proper plans and specifications thereof have been submitted to and approved in writing by Authority and Collier County through the permitting process, and Subtenant has obtained in writing an Authority authorization to commence such work. - I 2- 53 ARTICLE VIII MAINTENANCE 161 "'1 !p,.~\ i l U'-) B. All costs and expenses set forth in this section are in addition to the rent and fees to be paid for the Subleased Premises or any part thereof. 1. . Subtenant shall repair all damage to the Subleased Premises caused by its employees, patrons, invitees, permitees, contractors, labors, suppliers, etc., or its operation thereon; and shall maintain and-repair all improvements thereon including drainage installations, paving, curbs, islands, buildings and all other improvements. All such maintenance, repairs, and replacements shall be of quality equal to the original in materials and workmanship, and all exterior paint colors shall be submitted to and approved in writing by the Executive Director prior to application. 2. The Executive Director shall be the sole judge of the quality of maintenance. The Executive Director and his designee(s) may at any reasonable times, \vithout prior notice, enter upon and into the Subleased Premises and any part thereof to determine if maintenance is satisfactory to the Executive Director. If it is decided by the Executive Director or his designee that maintenance is not satisfactory, Authority shall notify Subtenant in writing of the required changes and/ or corrections. If said required changes and/or corrections are not performed by Subtenant within fifteen (15) days or other longer specified time after receipt of written notice, the Executive Director or his designees, agents, or independent contractors may perform such maintenance, and Subtenant agrees to prompdy reimburse Authority for the cost thereof, plus an additional ten percent (10%) thereof to pay for administrative overhead. -13- . c( 5 1611032-) ARTICLE IX ASSIGNMENT AND SUBLETTING No part of the Sub-lease premises shall be assigned or otherwise transferred without the prior, expressed written approval of the Authority, which consent will not be unreasonably \vithheld. Any such attempt shall be void ab initio. Authority is endeavoring to provide to the public and other tenant's the highest possible level of services and facilities. It is, therefore, necessary that Subtenant's operations be subject to continuing scrutiny by Authority, and that Subtenant must always operate at the Airport in harmony with other tenants and with courtesy to the public. Subtenant shall sub-sublease part and may sublease all of the premises or improvements thereon for manufacturing; consulting services; distribution of items manufactured on the leased premises; calibration; warehousing; product assembly; powder coating and or export/irnport operations. The Authority is developing and subleasing an Incubator Support Facility and subleasing it out to be operated as such. Therefore, the operations conducted therein shall be made available to occupants of the Manufacturing Incubator at reasonable costs. The Subtenant shall not sublease or rent the subleased premises to others without the expressed written consent and approval of Authority and to State of Florida Department of Community Affairs (DCA), which shall not be unreasonably withheld. Any such attempt shall be void ab initio. ARTICLE X SURRENDER OF PREMISES A. In the event that under the laws of the United States and/or the State of Florida, the interest of the Authority in the Subleased Premises shall cease, Authority shall not be liable for any damage whatsoever to any Sub-Subtenant or other occupant, and to the Subtenant only to the amount of rent reserved in this Agreement for the period of time that the Subtenant shall be deprived of the use and occupancy of the Subleased Premises; moreover Authority shall not incur any liability by reason of the happening of any such event beyond the loss of rent while the Subtenant is deprived of the use and occupancy of the Subleased Premises or any part thereof. B. The Subleased Premises and all improvements (see Article A'\TlVI) shall be vacated, surrendered up and delivered to the Authority at the expiration of the term of this Agreement, or at any other date that the Agreement may be terminated by reason of any provision of this Agreement or -14- S'S 1 6 I 1 CBz) otherwise, in good condition, and in the same state of repair and condition of the buildings at the original commencement date of this agreement. ARTICLE XI INDEMNIFICATION AND INSURANCE A. Subtenant agrees to indemnify fully and save and hold harmless Collier County, Authority, and their officers, agents, and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind or character and nature as well as costs and fees, including reasonable attorney's fees connected therewith including any and all appeals, and the expense of the investigation thereof, based upon or arising out of damages or injuries to any and all third persons or their property. Authority shall give Subtenant prompt and reasonable notice of any such claim or action. Subtenant shall have the right to investigate, compromise, and defend the same to the extent of its own interest. B. At such time as tenant takes occupancy and during the entire term of this Agreement thereafter, Subtenant shall provide, pay for, and maintain-the types of insurance described herein, with insurance companies that are satisfactory to the Authority. All insurance shall be from responsible companies duly authorized to conduct the respective insurance in the State of Florida and/or responsible risk retention group insurance companies registered \vith the State of Florida. All liability policies shall provide that Authority and the County of Collier as additional insures as to the uses of the leased estate by Subtenant under this Agreement and shall also provide the Separation of Insures Provision. Prior to execution of this Agreement by Subtenant, the specified insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on the forms which are deemed acceptable by Authority. The Certificate must be personally and manually signed by the authorized representative of the insurance company shown in the Certificate with proof that he/ she is authorized to execute same. In addition, certified, true, and exact copies of all required insurance policies shall be provided to Authority on a timely basis, if requested by Authority. Thirty (30) days' written notice by registered or certified mail shall be given to the Authority's/Sublessor's Executive Director of any cancellation, intent not to renew, or reduction in the policy's coverages, except in the application of the Aggregate Limits Provisions. In event of any reduction of any Aggregate Limit, Subtenant hereby agrees to immcdiately take whatever steps are needed to have the prior aggregate limit reinstated. All insurance coverages of Subtenant shall be primary to any insurance or self-insurance program carried by Authority or the County of Collicr. The acceptance of and delivery to Authority of any Certificate of Insurance evidencing the insurance coverages and limits required in -15- 5~? 1 6 I 1 (B2) The Agreement shall not constitute approval or agreement by Authority that these insurance requirements have been met or that the insurance policies shown in the Certificates of Insurance are in compliance with these requirements. No activities by or on behalf of Subtenant shall commence anywhere on the Subleased Premises unless and until the required Certificates of Insurance under this Agreement are in effect and are physically delivered and approved by the Authority. The insurance coverage and limits required of Subtenant under this Agreement are designed to meet the minimum requirements of the Authority. They are not designed as a recommended insurance program for the Subtenant. The Subtenant alone shall be responsible for the sufficiency of its own insurance program. Should the Subtenant have any questions concerning its exposures to loss under this Agreement or the possible insurance coverages needed therefore, it should seek professional assistance. If any general liability insurance policy required herein is to be issued or renewed on a "claims made" basis or form, as distinguished from a "occurrence" basis or form, the retroactive date for coverage shall be no later than the initial commencement date of this Agreement and shall provide that in the event of cancellation or non-renewal, the discovery period for insurance claims (tail coverage) shall be unlimited. Subtenant, without expense to Authority or Collier County, shall obtain and cause to be kept in force at all times during the term of this Agreement liability insurance issued by a company or companies acceptable to Authority for the following types and minimum amounts of coverage: I. Workers' Compensation and Employees' Liability Insurance shall be maintained by the Subtenant for all employees in accordance with the laws of the State of Florida. The limits of coverage shall not be less than: Workers' Compensation - Existing Florida Statutory Requirements. Employers' Liability - $100,000 Limit Each Accident. $500,000 Limit Disease - Aggregate. $ I 00,000 Limit Disease - Each Employee. 2. General Liability Insurance shall always be maintained by the Subtenant to cover its operations under this Agreement, including, but not limited to, personal injury, contractual for this contract, and broad form property damage coverage. The limit of coverage shall not be less than: Bodily Injury and Property Damage Liability - $1,000,000 Combined Single Limit Each Occurrence. 3. Automobile Liability Insurance shall be maintained by the Subtenant as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles with limits of not less than: Bodily Injury and Property Damage Liability - -16- )1 $500,000 Combined Single Limit Each Occurrence. C. The above insurance, other than Workers' Compensation and Employers' Liability Insurance, shall exclude Authority's and Collier County's insurance, and shall include Authority and the County of Collier as additional insures under the policies as to the operations of the Subtenant under this Agreement. The naming of Authority and the County of Collier as additional insures in such policies of insurance shall not thereby cause the Authority or the County of Collier to be deemed a partner, joint venturer, or any other relation other then landlord/tenant with the Subtenant regarding its business and other activities conducted on the Airport, or otherwise. 161 .;~ (BZ) D. Said policies of insurance shall be performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida ARTICLE XII CONCESSIONS It is specifically agreed and stipulated that concessions and the establishment thereof require prior written approval from the Authority: ARTICLE XIII CONTRACTS TO OTHERS There is no restriction or limitation whatsoever on Authority subleasing or renting of land, hangars, or any other improvements on terms different from those set forth herein. ARTICLE XIV VENDING MACHINES Vending machines are at the discretion of subtenant. ARTICLE XV TRADE FIXTURES Subtenant shall, without cost to Authority, furnish and install all furniture, fixtures, draperies and equipment necessary to conduct its operation in a reasonable manner; the same are referred to herein as "Trade Fixtures". All Trade Fixtures shall be safe, of high quality, be fire resistant and be attractive in appearance. If specified herein, Authority may require specific written approval of the Authority prior to installation. which written approval shall not be unreasonably withheld. Subtenant has rights to grant -17- 5J 16 I 1 CBL) security interests, liens or encumbrances against said Trade Fixtures as needed to purchase same, but not to exceed the term of this Sublease. ARTICLE XVI GOVERNMENT INCLUSION A. The Subleased Premises and the Airport are subject to the terms of those certain Assurances made to the Government of the United States to guarantee the public use of the Airport as incidental to existing or future grant agreements as amended between Authority and/or Collier County, and the 1.] nited States of America. Authority has no reason to believe that any provision of this Agreement violates any of the provisions of such Assurance Agreements. B. Nothing contained in this Agreement is intended to or shall be construed to grant or authorize the granting of any "exclusive right" within the meaning of Section 308 of the Federal Aviation Act of 1958 or otherwise. C. It is further covenanted and agreed that Authority reserves the right to further develop and/ or improve the existing Airport and any additions thereto, including all landing areas and taxiways, as the Authority may deem fit, \vithout heeding the desires, views or objections of Subtenant and \vithout interference or hindrance; provided, however, that such development or improvement does not unreasonably adversely affect Subtenant's use and occupancy of the subleased Premises under this Agreement. D. This Agreement is and shall be subordinate to the provisions of any eXIsting or future agreement between Authority, Collier County and/or the United States of America, or any Boards, Agencies, or Commissions of any of them relative to the operations or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds on the development of the Airport or othenvise, and this Agreement is and will probably always be subordinate to the license or permit of entry which may be granted by the Secretary of Defense of the United States. E. Subtenant for itself its Sub-Subtenants, and its successors and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running \vith the land, that (1) no person on the grounds of race, color, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Subleased Premises, that (2) in the construction of any improvements on, over or under said Premises and the furnishing of services thereon, no person on the grounds of race, color, sex, or national origin shall be -18- "q excluded from partiripation in, denied the benefit, of, or otherwi,e be subjected to di,cJati2; Id lat ~~l.) Subtenant shall use said premises always in full compliance with all other requirements imposed by or pursuant to Tide 49, Code of Federal Regulations, Department of Transportation, Sub tide A, Office of the Secretary, Part 21, Nondiscrimination of Federally-assisted Programs of the Department of Transportation-Effectuation of Tide VI of the Civil Rights Act of 1964, and as said Regulations may be amended from time-to-time. F. In the event of breach of any of the above non-discrimination covenants, Authority shall have the immediate right to re-enter any part or all of said Premises and said Premises shall thereupon revert to and vest in and become the absolute property of Authority or its assigns. This reverted provision shall not be finally effective until, at the election of Subtenant, the procedures of Tide 49, Code of the Federal Regulations, Part 21, are followed and completed, including exercise or expiration of Subtenant's appeal rights there under. G. To the extent applicable to Subtenant, Subtenant will undertake action as required by 14 CFR Part 152, Subpart E, or its successor in function, if any, if necessary to insure that no person shall on the grounds of race, creed, color, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Subtenant expressly agrees that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by said Subpart. Subtenant will require that its covered sub organizations, if any, shall provide assurances to Subtenant that they similarly will undertake required action and that they will require assurances from their sub organizations, if any, as required by 14 CFR Part 152, Subpart E, to the same effect. H. If and when the Federal Aviation Administration, or its successor, requires modifications or changes in this Agreement as a condition to granting of funds for any improvements of the Airport, Subtenant hereby irrevocably consents for itself and all Sub-Subtenants, to such amendments, modifications, revisions, supplements, or deletions of any provision(s) of this Agreement as may be reasonably required to obtain such funds; provided, however, Subtenant does not agree to an increase in the rent provided for hereunder or to any change in any use(s) (use licensed by Authority hereunder) to which Subtenant has then actually put the Subleased Premises; and Subtenant does not consent to any forced reduction in the physical size of the boundaries of the Subleased Premises. -19- ., {pD ARTICLE XVII RULES AND REGULATIONS Subtenant and all Sub-Subtenants shall observe and obey all rules and regulations not conflicting with any provision and purpose of this Agreement as may now exist or may be promulgated from time-to-time by Authority. Authority agrees that any rules and regulations so promulgated and as applied to Subtenant shall not be inconsistent with any constitution, law, rule, or regulation of the State of Florida or the United States of America, or any agency thereof having jurisdiction over Collier County, Authority or the Airport. 161 ~ C~) ARTICLE XVIII TITLE TO IMPROVEMENTS Title to all improvements constructed or installed on the Subleased Premises by or on behalf of the Subtenant shall at all times during the term of said Agreement remain in the Subtenant. Upon termination of this Agreement by any means all improvements shall, become automatically the property of Authority. ARTICLE XIX EARL Y TERMINATION AND RELETTING Should there occur an early termination of this agreement pursuant to the terms hereof, Authority shall have the right to re-enter the Subleased Premises, make necessary repairs, and relet the Subleased Premises or any part thereof for the remainder of the term hereof, and receive any rent therefore. In the event of such early termination, Subtenant shall remain liable to Authority for the full amount of said total rent for the entire term of this Agreement and shall continue to pay said monthly rentals and all fees (see Article V) or such part thereof that remain unpaid after the application of all rents and fees collected by Authority from the new occupant then occupying the Subleased Premises or any part thereof. Subtenant shall remain liable for and shall make such payments whether the Subleased Premises remain vacant or shall have been relet, in whole or in part. The Authority will make reasonable efforts to relet the premises. -20- " ev( ARTICLE XX NOTICE OF TERMINATION If any breach of this Agreement by Subtenant shall occur and after due notice of termination from the Authority to Subtenant, and Subtenant fails to cure or correct same if curable or correctable, the Authority may, at any time thereafter during the continuance of said default, terminate this Agreement by such notice to Subtenant as required by law, such cancellation and termination to be effective upon the date specified in such notice. In the event of any breach of this Agreement, which includes any Rule or regulation anywhere referred to herein, Authority shall give Subtenant notice as required by law to correct any such breach, and unless that time is extended in writing by the Executive Director upon written request of Subtenant if such breach shall continue for thirty (30) days after such notice, Authority may, after the lapse of said thirty (30) day period, cancel this Agreement without forfeiture, waiver or release of any of Authority's rights to any sum of money due or to become due under any provision of this Agreement, or otherwise. 16 I 1 l&) ARTICLE XXI NON-WAIVER OF RIGHTS Continued performance by either party hereto pursuant to any provision of this Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of any subsequent default. ARTICLE NMI SURRENDER OF POSSESSION In addition to Article X and all other provisions herein, Subtenant agrees to yield and deliver to Authority full possession of the Subleased Premises herein at the termination of this Agreement, by expiration or otherwise, or of any renewal or extension hereof, in good condition in accordance with its express or implied obligations hereunder, except for ordinary wear and tear. Subtenant shall have the right, within ninety (90) days after the termination hereof, to remove all of its trade fLxtures and equipment installed or placed by it at its own expense in, on or about the Subleased Premises, subject, however, to any lien which Authority may have thereon for unpaid rents, fees or because of any other breach of any provision of this Agreement by Subtenant, such as failure to properly maintain any part -21- <l (p~ 16 I 1 LBL) of the Subleased Premises, in which event Authority shall have the right to immediate possession. Liaison on trade fixtures are subject to security interests as noted in Article XV. ARTICLE XXIII INSPECTION OF PREMISES Authority or its duly authorized representatives, agents, and other persons for it, may enter upon said Subleased Premises at anytime such premises are open for business or other operations, and at any and all other reasonable times to investigate whether or not Subtenant and Sub-Subtenants is/are complying with all provisions of this Agreement, or for any other purpose incidental to rights or interests of Authority or Collier County. ARTICLE XXIV HOLDING OVER Should Subtenant hold over the Subleased Premises, or any part thereof, after this Agreement has been terminated in any manner, by such holding over Subtenant shall thereby automatically become a tenant at sufferance and, subject to statutory limitations, if any, at a rental to be determined by Authority, payable in advance, but otherwise on the same provisions as herein provided. ARTICLE XXV NO LIENS Except as to trade fIxtures as specified in Article XV, Subtenant shall pay for all labor done or materials and/ or supplies finished in the repair, replacement, development, or improvement of the Subleased Premises by Subtenant or on Subtenant's behalf, and shall keep said Premises and all of Subtenant's interests therein free and clear of any lien or encumbrance of any kind whatsoever created by Subtenant's act(s) or omission(s). ARTICLE XXVI HAZARDOUS SUBSTANCES Except as consistent with the usual practices of the proposed operation and subject to the requirements of the County of Collier, no tangible property shall be kept, stored or sold within or on the Subleased Premises or otherwise on the Airport which are explosive or hazardous; and no or dangerous trade, business or occupation shall be carried on therein or thereon. -22- " 03 A. Reportable Uses Require Consent. The term "Hazardous Substance" as used in this Sublease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for liability of Authority to any governmental agency or third party under any applicable statute or common law theory. Hazardous substance shall include, but not be limited to, hydrocarbons, petroleum gasoline, crude oil or any products, by-products or fractions thereof. Sub lessee shall not engage in any activity in, on or about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Authority and compliance in a timely matter (as Sub lessee's sole cost and expense) with all Applicable Law (as defined in Paragraph 6.3). "Reportable Use" shall mean (i) the installation or use of any above or below ground 16 I 1 CB2) storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, with respect to which a report, notice, registration or business plan is required to be fued with, any governmental authority. Reportable Use shall also include sub lessee's being responsible for the presence in, on or about the subleased Premises of a Hazardous Substance with respect to which any Applicable Law requires that notice be given to persons entering or occupying the Subleased Premises or neighboring properties. Notwithstanding the foregoing, Sub lessee, may without Authority's prior consent, but in compliance with all applicable Law, use any ordinary and customary materials reasonably required to be used by Sub lessee in the normal course of Sub lessee's business permitted on the Subleased Premises, so long as such use is not a Reportable Use and does not expose the Subleased Premises or neighboring properties to any meaningful risk of contamination or damage or expose Authority to any liability therefore. In addition, Authority may (but without any obligation to do so) condition its consent to the use or presence of any Hazardous Substance, activity or storage tank by Sub lessee upon Sub lessee's giving Authority such additional assurances as Authority, in its reasonable discretion, deems necessary to protect itself, the public, the Subleased Premises and the environment against damage, contamination or injury and/or liability there from or therefore, including, but not limited to, the installation (and removal and or before Lease expiration or earlier termination) of reasonably, necessary protective modifications to the Subleased Premises (such as concrete encasements) and/or the deposit of an amount sufficient to pay for anticipated cleanup costs of any contamination. <I (pLf ~ au,,'J lfJl) B. Duty to Inform Authority. 161 ofIl " If Sub lessee knows, or ever has reasonable cause to believe, that a Hazardous Substance, or a condition involving or resulting from same has come to be located in, on, under or about the Subleased Premises, other than as previously consented to by Authority, Sub lessee shall immediately give written notice of such fact to Authority. Sub lessee shall also immediately give Authority a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action or proceeding given to, or received from, any governmental authority or private party, or persons entering or occupying the Subleased Premises, concerning the presence, spill, release, discharge of, or exposure to, any Hazardous Substance or contamination in, or, or about the Subleased Premises, including but not limited to all such documents as may be involved in any Reportable Uses involving the Premises. C. Indemnification. Sub lessee shall indemnify, protect, defend and hold County and Authority, its agents, employees, lenders and ground lessor, if any, and the Subleased Premises, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, costs, claims, liens, expenses, penalties, permits and attorney's and consultant's fees arising out of or involving any Hazardous Substance or storage tank brought onto the Premises by or for Sub lessee or under Sub lessee's control Sub lessee's obligations under this Article XXVI shall include, but not be limited to the effects of any contamination or injury to person, property or the environment created or suffered by Sub lessee, and the cost of investigation (including consultant's and attorney's fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Sublease. No termination, cancellation or release agreement entered into by Sublessor and Sub lessee shall release Sub lessee from its obligations under this Sublease with respect to Hazardous Substances or storage tanks, unless specifically so agreed by Authority in writing at the time of such agreement. D. Duty to Inform Lessee. To the best of Authority's knowledge: (i) there are no environmental, health or safety hazards on, under or about the Subleased Property; (ii) County has not (and none of the prior owners or tenants of the Subleased Property had), used or installed any underground storage or treatment tank or used, generated, manufactured, treated, stored, placed, deposited or disposed any hazardous materials on, under or about the Subleased Property or transported any hazardous materials to or from the Subleased Property; (iii) There are no hazardous materials, storage or treatment tanks, oil wells or gas wells, asbestos or PCB's located in upon, on or below the Subleased Property; (iv) County has -24- 'I &-=) . d . fl" d" .., . . .161. 1 (BdZ-) not receive notice 0 any c arm, action, procee ing, SUIt, injunction or inVeStigation conce run~azar ous materials or the Subleased Property and county is not aware of any fact or circumstance which would result in a claim, action proceeding, suit, injunction or investigation concerning hazardous materials on the Subleased Property; (v) The Subleased Property has never been used as a landfill, dump or disposal site and there has not been any "release" of any hazardous material in, upon, on, or below the Subleased Property. The Subleased Property has not been designated as a "border zone" property pursuant to applicable Florida health and Safety Codes. ARTICLE XXVII WAIVERS No waiver by Authority and/or Collier County, at any time, of any provlSlon of this Agreement, or noncompliance therewith, shall be deemed or taken as a waiver, then or thereafter, of the same or any other provision herein contained, nor of the strict and prompt performance thereof by Subtenant. No delay, failure, or omission of Authority to re-enter the Subleased Premises or to exercise any right, power, privilege, or option arising from any default .nor subsequent acceptance of rent then or thereafter accrued, shall impair any such right, power, privilege, or option or be construed to be a waiver of any such default or relinquishment thereof, or acquiescence therein. No notice by Authority shall be required to restore or revive time as of the essence hereof after waiver by Authority or default in one or more instances. No option, right, power, remedy, or privilege of Authority shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, power, options, or remedies given to Authority by this Agreement are cumulative and no one of them shall be exclusive of the other or exclusive of any remedies provided by law or equity, and that the exercise of one right, power, option, or remedy by Authority shall not impair its rights to any other right, power, option, or remedy. ARTICLE XXVIII AGENT FOR SERVICE OF PROCESS It is expressly agreed and understood that if Subtenant is ever not a resident of the State of Florida, or is ever an association or partnership without a member or partner resident of Florida, or is a foreign corporation, then in any such event Subtenant does automatically designate the Secretary of State of the State of Florida, as Subtenant's agent for the purpose of service of process in any court action between it and Authority and/or Collier County arising out of or based upon this Agreement, -25- " LP" and the ,ervice ,hall be made", then pmvided by the law.; of the State of Florida for sliopln alonC~t. It is further expressly agreed, covenanted, and stipulated that if for any reason service of such process is not possible, and as an alternative method of service of process, Subtenant may be personally served with such process out of Florida, by the registered mailing of such complaint and process to Subtenant at the address set out hereafter in this Agreement and that such service shall constitute complete, valid and fully effective service upon Subtenant as of the date of mailing; and Subtenant shall have thirty (30) days from date of mailing to actually deliver to Authority its response thereto. It is further expressly agreed that Subtenant is amenable to and hereby agrees to the process so served, submits to the jurisdiction and waives any and all obligation and protest thereto, any laws to the contrary notwithstanding. ARTICLE XXIX WAlVEROF CLAIMS Subtenant hereby Walves all claims against Authority, County of Collier, the State of Florida, and the Government of the United States, and all officers; agents, or employees of any of same, for loss of anticipated profits caused by any suit or proceedings direcdy or indirecdy attacking the validity of this Agreement or any part thereof, or by any judgment or award in any suit -or proceeding that may declare this Agreement null, void, or voidable, or delaying the same, or any part hereof, from being carried out. ARTICLE XXX HEADINGS The article and paragraph headings throughout this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision of this Agreement. ARTICLE XXXI CONSTRUCTION AND SAVINGS This Agreement shall be construed in accordance with the laws of the State of Florida. If any provision contained in this Agreement is held to be invalid by any court of competent jurisdiction or otherwise appears to Subtenant and Authority to be invalid, such invalidity shall not affect the validity of any other covenant, condition, or provision herein contained; provided, however, that the invalidity of any such provision does not materially prejudice either Authority or Subtenant in its respective rights and obligations contained in the remaining valid provisions of this Agreement. Wherever approval or -26- 'I ~l consent of Anthority or Subtenant is required under this Agreement such shall not bet~sJab! C"Bl) withheld, nor shall Authority or Subtenant impose unreasonable conditions to such approval or consent. ARTICLE XXXII LAND RADIATION EMISSION STANDARDS In accordance with Section 404.056(7), Florida Statutes, the following notification as it pertains to radon gas and the leasing of building is hereby stated: RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and/or state guidelines have been found in some buildings in Florida. Additional information regarding radon and radon testing may be obtained from the Collier County public-health unit. ARTICLE XXXIII NOTICES Except as allowed by law with respect to certain notices in ARTICLE XXVIII, herein, all notices provided for in this Agreement shall be in writing. Any notice required to be served upon Subtenant other than by publication may be served upon it at: Global Manufacturing Technology, Inc. 160 Airpark Boulevard Immokalee, FL 34120 provided, however, that if Subtenant shall give notice in writing to Authority of any change in either or both of said addresses, then and in such event such notice, if written, shall be given to Subtenant at one of the substituted addresses. Any notice permitted or required to be served upon Authority may be served upon it at: Collier County Airport Authority 2003 Mainsail Drive Naples, FL 34114 Attention: Executive Director -27- " (pS 1 6 I 1 (B2) provided, however, that if Authority shaIl give notice in writing to Subtenant of any change in said address, then in such event such notice shall be given to Authority at such substituted address. Any notice served by mail may be by registered mail, certified mail, or regular mail. ARTICLE XXXIV CANCELLATION A. CanceIlation by Subtenant. Subtenant may, but is not required to, cancel this Agreement and terminate all of its obligations hereunder upon sixty (60) days' advance written notice, except as hereinafter provided, upon or after the happening of one or more of the foIlowing events and provided Subtenant is not then in default in maintenance or in the payment of any fees or charges to Authority: 1. The permanent and total abandonment of the Airport by the Authority or its successor in function. 2. The inability of Subtenant to use the Airport for a period of ninety (90) consecutive days because of the issuance of any order, rule, or regulation by any competent governmental authority or court having jurisdiction over Subtenant or Authority, that prevents Subtenant from operating all of its then licensed operations; provided, however, that such inability or violation of such order, rule, or regulation is not due to any fault of Subtenant; or 3. The inability of Subtenant to totaIly use the Airport for a period of more than sixty (60) consecutive days due to war, earthquake, or other such major casualty beyond control of Subtenant. B. Cancellation by Authority. Except to the extent then prohibited by law, Authority may cancel this Agreement and terminate all of its obligations hereunder at any time upon or after the happening of any of the following events: 1. Subtenant shall file a voluntary petition in bankruptcy; or 2. Proceedings in bankruptcy shall be instituted against Subtenant and Subtenant IS thereafter adjudicated bankrupt pursuant to such proceedings; or 3. A court shaIl take jurisdiction of Subtenant and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or 4. A receiver of Subtenant's assets shaIl be appointed; or 5. Subtenant abandons conducting its operations at the Subleased Premises; or 6. Any assignment is made by Subtenant for the benefit of its creditors; or -28- " loq 16 I :. (132) 7. The breach by Subtenant of any provision herein contained and the failure of Subtenant to remedy such breach, including nonpayment of fees or charges when due. ARTICLE XXXV PARTICIPATING PARTY AGREEMENT Attached hereto is a copy of a Participating Party Agreement. Breach of the Participating Party Agreement shall automatically be a concurrent breach of this Agreement. r._.J _.t'"'o_ __ ~{\ -29- " ,0 IN WITNESS THEREOF, the parties hereto have signed this lease this day of l6 ~ COLLIER COUNTY AIRPORT AUTHORITY ATTEST: By: Eugene Schmidt, Acting Executive Director By: Dennis Vasey, Chairman By: Gail Hambright By: President Print Name: Signed in the presence of First Witness for President Print Name: Second Witness for President Print Name: Approved as to form and legal sufficiency: By: Thomas C. Palmer, Attorney for the Authority -30- ., ...~ (-0...., \ .j'"" LX- ) ,2003 l/ COLLIER COUNTY CONTRACf PARTICIPATING PAR1Y AGREEMENT THIS PARTICIPATING PARTY AGREEMENT, is entered into 11II by and between the Board of County commissioners of Collier County. Florida (hereinafter referred to as the "Recipient";; and Manufacturing Technology, Inc. (hereinafter referred to as the "Company"). Global RECITALS I. The Recipient is 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 is to const4uct a manufacturing facility at an industrially zoned area known as the Immokalee Regional Airport, which is owned by Collier County. The specific conditions under which the CDBG-ED grant funds will be expended shall be contained in a DCA Contract with the Recipient (hereinafter referred to as the "Award Agreement) . II. The CDBG-ED grant conditions the funding upon the Company taking certain actions wi th regard to the development of the property at the Immokalee Airport for purposes consistent with the grant program.. rII. The Recipient and the Company desire to memorialize their understandings and obligations regarding the implementation of the CDBG-ED grant to the Recipient. THEREFORE, IN CONSIDERATION OF the foregoing recitals, and for other good end valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Recipient and the Company agree as follows: 1. The Recipient's CDBG-ED application, as revised per site visit, submitted to DCA, dated March 26, 1999, (hereinafter "Application") is incorporated herein by reference and made a part hereof. The Company agrees to perform the specific activities previously agreed to by the Company in the Application and those recited herein. 'I 16 I 1 (J;2-) i'}- .' 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 OCA'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 are met. 3. The Company ~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 (SIt) of those jobs shall be made available to members of low and moderate-income households. These jobs shall be created and/or retained no later that. twenty-four (24) months from the date of this Participating Party Agreement, as it may be amended. Documentation shell be 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 the expiration of this Participating Party Agreement. The failure of the Company to create or cause to be created and/or retained or satisfactorily document the creation and/or retention of the agreed upon number of jobs made available to members o! low or moderate income households, shall be an act o! default by the Company under this Participating Party Agreement. 5. The Company shall provide or cause to be provided such training to members of low and moderate income households, as may be necessary to equip them with the skills required to obtain and retain the jobs created that have been designated in Application Form E-IO (G) (Attachment B) or any mutually agreed to revisions to Form E-IO (G). 2 ., 16 I 1 lBl) l3 6. If requested by the ,Recipient, the Company 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. 7. This Participating Party Agreement and any amendments thereto, must be approved by the DCA as to form aid content prior to execution. Upon approval of DCA. Participating Party Agreement shall be immediately executed, and a copy shall be mailed to the OCA by the Recipient, The right or approval granted to the OCA with respect to changes to the Participating Party Agreement between the Recipient and the Company shall survive the term of this Agreement. The DCA does not assume any liability or responsibility for the accuracy or enforceability of this Participating Party Agreement through the exercise of this, right of approval. 8. Any extension of the Award Agreement Pursuant to Florida Admin. Code 98-43.014, 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. 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. The amount of the lease shall be determined upon completion of the Immokalee Regional Airport Manufacturing Facility Phase II based upon final costs. Rent charged to the Company shall not exceed 54 (five percent) above the original negotiated lease. 10. The Company 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. 11. At a minimum, the Company shall participate in the State of Florida's WAGES Program, and will hire at least one 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 3 'I 1611 Cbz) "let after hiring as possible. 12. Company, in consideration of Ten Dollars ($10.00), the receipt and sUfficiency of which is acknowledged by the signing 0= 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 claims, suits and actions, penalty, damage, injury, attorneys' fees, costs or charges imposed, for any violation of any law or ordinance by the Company, whether occasioned by the neglect of company or those holding under Company, or otherwise, and that company will at all times defend, protect, indemnify and save and hold harmless the Recipient against and from all claims, suits, actions, loss, injury, costs, attorneys' tees, damage or expense, arising out of or incidental to the performance of this agreement by the Company, or work performed by Company, its agents and employees, under the CDBG-ED g=ant. This provision shall also pertain to any claims brought against Recipient by any employee of Company, any sub-contractor of the Company, or anyone directly or indirectly employed by any of them. 4 ., 161 f;,~ ~ ~ ..- CBl) (5 161 ]aCB2) flVWTnVESSWHEREOF, the Recipient and the Company have executed this agreement as of the date first written above. HOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITIC SUBDIVISION OF THE TATE OF FLORI ATTEST DWIGHT E. ROC* BY-Z PES. MAC'KIE, CHAIR OMAN ~ .' .. v-- c- Attest as to signature,only: -: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ATTEST: GLOBAL MANUFACTURING TE OLOGY, INC. BY:_DONNA A. FOX - PRESIDENT/TREASURER Date: ?-/f,. 9' SIGMA E v s , --L- 1(0 ., . , 'I"~. 1611CT3l) BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#............................... JE#................................. BAR#.............................. A.P.H. Date....................... 495 Fund Number Airport Authority Fund Description Date Prepared: 10/2/03 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: (P 'd h F d C was I Expense Budget Detail Immokalee Regional Airport roVI e t e un enter or e ement In ormatlOn; It IS not require to proVI e ot . Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 192330 646970 Other Equipment 8,000.00 2,500.00 10,500.00 R~l)airs & Maint. . II . d 'd b h) Fd Ctr No.: 192330 WBS No.: Net Change to Budget 8,000.00 Fund Center Title: WBS Element Title: Expense Budget Detail (Provide the Fund Center or WBS element information; it is not require to provi e bot .) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget BUdget d d h Fd Ctr No.: WBS No.: Net Change to Budget Fund Center Title: WBS Element Title: Expense Budget Detail (Provide the Fund Center or was e ement in ormation; It IS not require toprovl e bot .) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) BUdget Budget II d 'd h Fd CtrNo.: WBS No.: Net Change to Budget , q r7 ... 16 I 1&~ ... Fund Center Title: WBS Element Title: Revenue Budget Detail Interfund Transfer - BCC Fd Ctr No.: 929010 WBS No.: (Provide the Fund Center or was element information; it is not reQuired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budget 929010 481001 Transfer from General 8,000.00 679,600.00 687,600.00 Fund Net Change to Budget 8,000.00 EXPLANATION Why are funds needed? Funds are needed to pay for modifications to the powder coating system, which is a precondition to leasing out the Incubator Support Building ($6,000). An additional amount is needed for a tenant improvement allowance ($2,000). Where are funds available? Funds are available through an increase in the General Fund transfer. Upon the sale of the surplus powder coating equipment, revenues received would be used to repay the increased General Fund transfer. REVIEW PROCESS Cost Center Director: DATE Division Administrator: Finance De artment: Clerk of Board Admin.: 'I " {n 1611(BZ),: AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-D UPDATE ON FLORIDA TRADEPORT MARKETING ADMINISTRATIVE Summary: Monica Biondo of the Economic Development Council will update the Authority on the ongoing efforts to market the Florida Tradeport. Recommendation: None 'I 1~ 16 11(~) , AGENDA SUMMARY OCTOBER 13,2003 AGENDA ITEM NO. V-E EXECUTIVE DIRECTOR 2003 EV ALUATION/2004 CONTRACT ADMINISTRATIVE Summary: Mr. Schmidt has been employed as the Interim Executive Director for over five months at a salary of $60,000 without benefits. During this time, Mr. Schmidt has endeavored to make positive changes within the organization and will continue to contribute to make a difference at the helm of the Airport Authority. With this in mind, Mr. Schmidt is requesting the attached contract be reviewed. Recommendation: Review and authorize Chairman to execute Contract. 'I <20 1 6 11(B~ AIRPORT AUTHORITY EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT 1.0 Authority 1.1 Collier County Airport Authority (Authority), a dependent authority of Collier County, Florida which was created by County Ordinance No. 93-36 and subsequently affirmed by County Ordinance No. 95-67 and Mr. Eugene Schmidt (Employee), enter into the following Employment Agreement. 2.0 Objective 2.1 To secure Employee services and announce financial remuneration. 2.2 To ensure unrestrained work productivity by assuring Employee's morale and peace of mind with respect to employment security. 2.3 To provide conditions of employment and describe Employee termination and notice procedures. 3.0 Terms and Conditions 3.1 In consideration of the mutual covenants contained in this Employment Agreement, the Authority and Employee agree to the following: 3.2 Duties. 3.2.1 Employee shall serve as Executive Director is responsible to the Authority. 3.2.2 Employee shall serve as the Authority Chief Executive Officer and perform duties specified by County Ordinance No. 95-67, the Administrative Code, and all other ordinances and codes hereinafter adopted. 3.3 Terms of Employment 3.3.1 The terms of this Employment Agreement shall be enforceable as set forth in a duly adopted Resolution of the Authority, subsequently ratified by the Board of County Commissioners, and end no later than September 30, 2005, or upon selection of a permanent Executive Director, whichever comes first. 3.3.2 Nothing in this Employment Agreement shall prevent, limit or otherwise interfere with the right of the Authority to terminate the employment of Employee subject to provisions set forth in paragraph 7 of this Employment Agreement. 4.0 Salary 4.1 The Authority agrees to pay Employee annually beginning on the date of ratification as determined in paragraph 3.3.1, above. " Page 1 of 5 ~\ Mia 6 J ll'r2~ 4.2 Pursuant to this Employment Agreement, Employee shall be entitled to an annual base salary not to exceed $XXX, payable in bi- weekly installments. 5.0 Adjustments to Annual Salary 5.1 The Authority shall conduct an annual performance evaluation of the Executive Director and make salary adjustments to the annual base salary based on performance and annual budget approval. 5.2 Annual salary adjustments, above the Consumer Price Index approved by the Board of County Commissioners for other county employees, shall be included in the first pay period following October 1. 6.0 Employee Benefits 6.1 With exception of health and life insurance, Employee shall be entitled to receive vacation and sick leave benefits as accorded to other county employees, including the provisions governing accrual and payment thereof through the period of employment. 6.2 All provisions of law, custom and county regulation relating to vacation and sick leave, holidays and other employee benefits, to include working conditions as they now exist, or hereafter may be amended, shall also apply to Employee in the manner that they apply to other county employees, in addition to those benefits specifically enumerated in this Employment Agreement. 7.0 Termination and Notice 7.1 Employee is not an at will employee. 7.1.1 Any term or condition of this contract to the contrary notwithstanding, the Authority may terminate Employee--terminate the employment of Employee--during the term of this Employment Agreement only as follows: 7.1.2 In the event that after execution of this Employment Agreement Employee is convicted of any felony, or of any crime involving moral turpitude, the Authority may terminate Employee without notice. 7.1.3 Except as set forth in paragraph 7.1.1, above, in the event the Authority desires to terminate, for good cause, e.g., gross insubordination, failure to follow direct instructions from the Authority, excessive tardiness or absenteeism, Employee's employment during such time that Employee is willing and able to perform the duties of Executive Director of the Airport Authority, Authority may do so only in the following manner: ., Page 2 of 5 <3~ 161163z)i 7.1.3.1 A resolution of intent to terminate Employee shall be adopted at a regular Authority meeting by an affirmative vote of at least five (5) of the membership of the Authority after said resolution has been placed on the agenda of a meeting. 7.1.3.2 Upon adoption of a resolution of intent to terminate Employee, the Authority may consider the adoption of a resolution terminating Employee at a regularly scheduled meeting of the Authority not less than twenty-one (21) days thereafter. 7.1.3.3 The resolution terminating Employee shall require an affirmative vote of at least five (5) of the membership of the Authority for adoption. 7.1.3.4 The adoption of a resolution terminating Employee shall constitute a ninety (90) day notice to Employee and, upon expiration of 90 days, the termination shall become effective. 7.1.3.5 As an alternative to the ninety (90) day notice, the Authority may, at its sole discretion, terminate Employee immediately subject to the payment to Employee of the accrued wages for the ninety (90) day period that would otherwise be due Employee. 7.2.1 Employee may resign only if health or other unforeseen circumstance beyond Employee control makes it impossible to adequately perform duties. 7.2.2 In the event of resignation, Employee shall give the Authority sixty (60) days advance written notice, unless waived by the Authority or unless otherwise agreed to by the parties. 7.2.3 In the event Employee resigns, suspension with pay after such resignation shall not be considered discipline under any Authority or County Ordinance, rule, regulation or otherwise. 7.2.4 In the event of termination or resignation, Authority shall pay Employee those monies due within ten (10) working days following the effective date of the termination or resignation. 8.0 Payment of Expenses 8.1 Authority agrees that the publiC is served by Employee's participation in professional organizations that enhance professional development and shall make work time available for those pursuits at no cost to the Authority. 8.2 Membership in community organizations which enhance the level of service provided to the Authority and the citizens of Collier County shall be approved in the annual budget but are restricted to: 8.2.1 American Association of Airport Executives (AAAE) 8.2.2 Florida Airports Council (FAG) 8.2.3 National Air Transportation Association (NATA) 8.3 Authority agrees to budget and pay the travel and the subsistence expense of Employee for professional and official travel " Page 3 of 5 213 1 6 I IlbL) outside of Collier County as authorized by law, on a case-by-case basis. 8.4 All travel shall be pre-approved by the Authority. 8.5 Reimbursement for travel shall regulated by Collier County travel policy. 9.0 General Provisions: 9.1 The Authority shall fix such other terms and conditions of employment, as it may determine appropriate from time to time, relating to the Employee performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Employment Agreement, or of any other applicable law. 9.2 The text of this Employment Agreement describes the limit of personal responsibility and authority which may be exercised by the Employee. 9.3 This Employment Agreement shall be binding upon all parties to inure the benefit of the heirs, beneficiaries and personal representatives of Employee. 9.4 This Employment Agreement is a personal services contract and Employee may not assign Employee's obligations under this Employment Agreement. 9.5 If any provision, or any portion thereof, contained in this Employment Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Employment Agreement or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 'I Page 4 of 5 g~ 1611(B2.) Agreed and accepted by the parties this day of October 2003. ATTEST: COLLIER COUNTY AIRPORT AUTHORITY WITNESSES: First Witness By: D. P. Vasey, Chairman Print Name Gene Schmidt, Employee Second Witness Print Name Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney ., Page 5 of 5 <jj5 1 6 I 1 (El) AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-F AUTHORITY BOARD MEETING LOCATION ADMINISTRATIVE Summary: Mr. Peterka had requested at the September 8, 2003 board meeting that a discussion be held regarding the board meeting being periodically held at Immokalee and Everglades. Recommendation: Discussion be held. 'I ~0 16 I 1 (~) AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-G BCC REVIEW OF AIRPORT SYSTEM ADMINISTRATIVE Summary: On September 15, 2003, the Chairman of the Authority met with the County Manager to get an update on the status of County's review of the Airport System. A memorandum summarizing the results of that meeting is attached. Recommendation: Discuss the issues raised at the meeting and discuss the impact of those issues on Authority operations. -, 2( TitusRobert 1611C"BL) From: Sent: To: Subject: Dennis P. Vasey [dennisvasey@gulfaccess.net] Monday, September 15, 2003 6:54 PM Gene Schmidt Memorandum For Record Subject: Concern Over BCC Decision on Airport System 1. Background: A. At our Monday, September 8, 2003 Authority meeting, Steve Price indicated that he wanted the BCC to ".. .let us get on with the business of managing the airport system and permit the Authority to conduct a national search for a replacement Executive Director." B. On Wednesday, September 10, 2003, I asked to meet the County Manager in the following request: "I would like to have a brief meeting to discuss an issue of immediate concern on the ongoing airport system discussions. The Authority does not have any preliminary monetary estimates of the damage resulting from closing an airport, nor does the Authority think there will ever be any real hard and fast numbers. Closing an airport--or even talking about closing an airport--puts the Authority at a competitive disadvantage when going after discretionary money, especially from FDOT, which has been by far our largest source of grant funds. A perception exists that if no decision is reached by the BCC on the airport system we will not get much in the way of state grant money--that's also clear from the FAA perspective where they have ample money to support airports in communities where there is public support for aeronautical activities, but none where there is dissension. I'm at a loss to quantify the effects of this disadvantage, but I know the Authority will feel some adverse impact if conditions remain where they are at the moment. II 2. On Monday, September 15, at 8:30 a.m., Bob Titus and I to met with winona Stone and Jim Mudd in the County Manager's office. 3. Meeting Outcomes: Mr. Mudd stated that within the next 90 days, Commissioner Coyle and the County Manager would be ready to report on their individual BCC tasks in the following areas: A. Proposed changes to Ordnance No. 95-67 and 99-10, if any. B. Outcome of discussions by Commissioner Coyle with the Naples City Council and the Naples Airport Authority on the viability of a merger. C. Projected viability of each airport in the county airport system. 4. Observations: A. The County Manager is looking at economic viability of each airport within the county airport system and will make his recommendations based on the projected financial burden to the General Fund and benefit to the county. " B. The County Manager, or his representative Winona Stone, will bring 1 -$~ emerging results and proposed Ordnance changes to the Authority for comment or comment and approval. 1 6 I 1 (-rz) C. The issue of economic viability will require Authority participation and comment. This point, in my opinion, is a reality check; however, because in the case where airport expansion is limited or not economically feasible and the airport is not operating at break even, a decision based on break even would, realistically mean, withdrawing that airport from our system to permit investment in the remaining airports that are now or may, in the future, be viable. D. Real property considerations where the Authority seeks capital sponsorship from the General Fund should be ratified by the BCC. E. The Executive Director Employment Agreement and selection choice should be ratified by the BCC. F. Future Capital Fund availability in the county is not assured and Authority sponsorship fund availability may be difficult for the BCC to provide in future years. G. The Authority must develop lmmokalee and improve Marco. To do this the Authority needs a Capital Reserve Fund and a means of financing that fund. H. The Authority Strategic Business Plan shows that in the 5 year forecast self sufficiency is not anticipated. The Authority is responsible to manage an airport system that can grow and also be self sustaining in subsequent plan updates; thus, it will be necessary to review all facets of our potential and view growth and the future rather than feel content with the status quo in the next 60 days. 5. Jim Mudd will support removal of the word "interim" from the Executive Director and said that, pending Commissioner Coyle's discussions with the Naples City Council and the Naples Airport Authority and a BCC decision to retain the airport system, would support a national search for a permanent Executive Director during 2004. Dennis P. Vasey, Chairman Collier County Airport Authority q 2 ~l 1 6 I 1 CBz) AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-H EVERGLADES AIRPARK PARALLEL TAXIWAY REVISED WORK ORDER CAP IT AL IMPROVEMENTS Summary: Attached is a copy of the revised work order (CCAA 02-04) assigned to Hole Montes, Inc. for the design phase of the Parallel Taxiway project. The revision includes deletion of the construction administration and inspection tasks and increase in fees for data collection and design. This increase is a result of adding the south connector that includes wetland impacts. The Revision also includes adjustment of fee schedule to confirm to the hourly rate in Exhibit A of the agreement. The adjusted fees are consistent with the FAA grant application. The total fee is not to exceed $76,164 Recommendation: Approve revised work order (CCAA 02-04) assigned to Hole Montes, Inc. for the design phase of the Parallel Taxiway project at Everglades Airpark and authorize the Chairman to execute all necessary documents. '. cpD 161 1 (Bz) , WORK ORDER For Airport Authority Consulting Services Parallel Taxiway Everglades Airpark Airport (Design Only) CCAA-02-04 In accordance with the terms and conditions of the Agreement dated May 1, 1999 the following Work Order#CCAA-02-04 is assigned to Hole, Montes, Inc. (CONSULTANT). This Work Order is for professional engineering services for the design, permitting, bidding and grant administration of the parallel taxiway and associated improvements at the Everglades Airport as identified in the project description. ARTICLE A: PROJECT DESCRIPTION The proposed project shall include completion of the parallel taxiway (1,200:!: l.f.) to connect existing aircraft apron to the turnouts at each end of the runway. The taxiway shall be designed for small aircraft. Lighting improvements shall include medium intensity edge lighting and signage for the entire taxiway and vault modification to accommodate new lights. The proposed taxiway will be placed in the primary protection zone of an active bald eagle's nest and will need to be coordinated with the U.S. Fish and Wildlife Service and the Florida Game and Fresh Water Fish Commission. ARTICLE B: SCOPE OF SERVICES The CONSULTANT agrees to perform certain engineering services for the Collier County Airport Authority (OWNER) which are described as follows: Section: 1. Data Collection a. Review of existing information and design requirements and research completion requirements for permitting. b. Perform topo survey of proposed taxiway site and prepare base plan. c. Perform site visit for verification of design assumption, additional design requirements and constructability. d. Schedule and attend a pre-design conference with OWNER, FAA and FOOT. e. Conduct geotechnical exploration within the proposed taxiway area to include: (1) Conduct borings along the proposed taxiway centerline to determine the 10f5 'I q( 1611(Bz); arrangement of different layers of the soil profile with relation to the proposed subgrade elevation. (2) Sampling of the layers of soil. (3) Testing of samples to determine the physical properties of the various soil materials with respect to in-place density and subgrade support. (4) Prepare geotechnical report summarizing findings and test results and present recommendation for site preparation. Section: 2. Design Phase a. Prepare preliminary construction plans and specifications for the project. b. Submit preliminary plans, specifications and opinion of construction cost to OWNER and FAA review. c. Prepare plans and exhibits for amendment to the existing Stormwater Management Permit through the SPWMD. Tasks to include the following: (1) Preparation of Surface Water management (SWM) Plans based on SWM calculations. (2) Preparation of SWM application and checklist. (3) Answer and respond to comments from the SPW:MD during review. d. Prepare plans and exhibits for the Environmental Resource permit (ERP) through the SPW:MD and ACOE for wetland impact. Tasks to include the following: (1) Wetland impact determination. (2) Mitigation development (3) Prepare ERP application (4) Prepare response for additional information e. Prepare final construction plans, specifications and contract document suitable for bidding purposes which will set forth in detail the requirements for constructing the taxiway and associated improvements. f. Prepare opinion of probable construction cost, giving in detail the quantities of materials and work of the proposed construction. g. Preparation of an Engineer's Report to summarize research finding and design standards and calculations for submittal to FOOT, FAA and OWNER 20f5 ., C1'J.. 1611[132-) h. Provide all internal reviews and coordination necessary to ensure quality control measures are implemented throughout the design of the project. 1. Accomplish all work in accordance with FAA Advisory Circular 150/5370-10a "Standards for Specifying Construction of Airports", and FDOT "Standards Specifications for Construction of General Aviation Airports", as necessary, and any supplement thereto and other pertinent advisory circulars. (NOTE: See attached list of assumptions used in developing scope of work) Section: 3. Bidding and Arrangement for Construction The CONSULTANT shall provide the following services: a. Prepare the construction plans, contract documents, and specifications. Provide support to the OWNER with preparation of the bid advertisement. b. Attend the Pre-Bid Conference. c. Prepare any addenda required and provide all copies of plans, specifications and engineering submittals necessary to the OWNER, FAA and FDOT. d. Prepare twenty-five (25) copies of final plans, specifications and contract documents for bidding purposes. e. Provide technical advice during the bidding prior to answer questions raised by the contractors. f. Recommend award of construction contract. Section: 4. General Administration The CONSULTANT shall provide the following services: a. Retain records for six (6) years and file a system ready for final auditing if found necessary. b. Perform general project coordination throughout the life of the project to ensure the FAA, FDOT and OWNER are informed as to the status of the project. c. Perform quality control measures throughout the life of the project to assure the project is designed in accordance with regulations. d. Assist OWNER in implementation of Disadvantaged Business Enterprise (DB E) 30f5 'I q3 1611C1)z) program. ARTICLE C: PROJECT SCHEDULE A schedule for the execution of the above-mentioned engineering services shall be established at a review meeting attended by the OWNER and CONSULTANT and shall become part of this Work Order. task: The tentati ve schedule identifies the number of calendar days required to complete each Item Collection of Data 60% Preliminary Drawings, Specifications and Estimate 100% Final Contract Drawings, Specifications and Estimate 30 Calendar days 60 Calendar days 45 Calendar days ARTICLE D: COMPENSATION In accordance with Article V of the Agreement, this County will compensate the CONSULTANT as follows: Section 1 Collection of Data $ 9,270 Permitting, Design, Construction Drawings, Section 2 Specifications and Documents $ 55,360 Section 3 Bidding and Arrangement for Construction $ 6,714 Section 4 General Administration $ 4,820 TOTAL FEE NOT TO EXCEED $ 76,164 The OWNER will compensate the CONSULTANT for the services performed under Sections 1 through 4 in accordance with the lump sum amounts. Support documentation for the above fees is included in Exhibit A - Fee Schedule. Page 4 'l qL{ 1611&2) WORK ORDER REVIEWED BY: Gene Schmidt Date Interim Executive Director ATTEST: COLLIER COUNTY AIRPORT AUTHORITY BY: BY: Bill West, Chairman (SEAL) CONSULT ANT: HOLE, MONTES, INC. /;;;'/;::77 Si~ Robert L. Murray, P.E. Sr. Vice President/Principal Luc Ca . re, Project Manager Approved as to Form and Legal Sufficiency: Thomas C. Palmer Assistant Collier County Attorney 'd \ 'I':'Y-, \~i){).:'~',-:l\'.:~'\\V() C(',\\ f),:.;".y "<~ 5 of5 " ct'S- 1 6 1 1 (l?>~ Work Order CCAA - 02-04 Everglades Airpark Parallel Taxiway Design Phase Assumptions The following were assumptions used in the development of our work scope and cost estimates. · Administrative hearings or civil law challenges are not anticipated. · Work scope does not include environmental services for local or county zoning and site development plan approval. · Section 7 consultation with the U.S. Fish and Wildlife Service will not be required. · Work scope does not include additional wildlife surveys (beyond those specifically identified in the work scope) that may be required by the permitting agencies. · Construction related wetland monitoring, wetland mitigation design, etc. are not part of this work scope. · Relocation/take permits for gopher tortoises and burrowing owl, etc. are not part of this scope of work. · No public hearings will be required as part of the ERP approval process. W:\1999\1999036\UOWO CCAA-02.04.doc Page 1 ., qtt FEE SCHEDULE HOLE MONTES, INC. Consultant 1611C&) Airport: WPVFM No: Project Name: Section: Everglades Airpark Parallel Taxiway 1. Data Collection Task Engineer Principal Sr. ProJ. Mgr. Project Engineer Professional Surveyor 3-Man Crew Engineer Technician Clerical a. b. c. d. 4 2 2 4 2 4 2 4 20 8 2 ,e. If. ! 2 2 2 Total Hours Hourly Rate Total 0 8 16 4 20 8 4 $130.00 $110.00 $95.00 $80.00 $98.00 $60.00 $38.00 $ $ 880.00 $1,520.00 $ 320.00 $ 1,960.00 $ 480.00 $ 152.00 Total Labor Cost: $ 5,312.00 $ 350.00 -"'-~~....,......-..~ :';,~j;A\;; ~.L ,,;' Expenses: Printing Total Expenses: $ 350.00 Total Expenses: $ 350.00 Total Subconsultants: $ 3,608.00 Subconsultant Services: Geotechnical Administrative 10% $3,280.00 $328.00 II Total: $ 9,270.00 TOTAL THIS ARTICLE: $ 9,270.00 II $3,608.00 " FEE SCHEDULE CCM WQ 02.04.xls-1 C(7 FEE SCHEDULE HOLE MONTES, INC. Consultant 16 1 1 (BL) Airport: WPIIFM No: Project Name: Section: Everglades Airpark Parallel Taxiway 2. Design Phase Engineer Project Staff Engineer Task Principal Sr. Proj. Mgr. Engineer Engineer Technician Clerical a. Preliminary Desian 8 22 16 40 8 ::l. Construction Cost Estimate 2 6 4 2 :. Surface Manaaement Permit 4 16 8 16 8 j. Wetland Impact 4 4 2 2 :. Final Plansffechnical Specifications 12 34 24 40 8 1. Enqineer's Report 2 8 3 4 . Project Coordination/Meetinqs 8 4 4 - ....... . ~ ~ 'f ~ -, Total Hours Hourly Rate Total o $130.00 40 94 48 105 36 $110.00 $95.00 $80.00 $60.00 $38.00 $ 4,400.00 $ 8,930.00 $3,840.00 $ 6,300.00 $ 1,368.00 \~~j;;~:_..... .'..: ',:" $ :xpenses: :lrinting j sets of Prelimary @ $70 ea. $ j sets of Finals @ $75 ea. $ 15 sets of Plans/Permits @$40 ea. $ Total Expenses: $ 375.00 375.00 600.00 1,350.00 Total Labor Cost: $24,838.00 Total Expenses: $ 1,350.00 Total Subconsultants: $29,172.00 Total: $55,360.00 " TOTAL THIS ARTICLE: $55,360.00 II ,ubconsultant Services: :lassarell & Associates :Iectrical Engineer ,M Administration 10% Total Expenses: $23,520.00 $3,000.00 $ 2,652.00 $29,172.00 'j FEE SCHEDULE CCAA WO 02.04.xls-1 1~ 16' 1 Ctz) FEE SCHEDULE Passarella & Associates, Inc. Sub-Consultant Airport: WPUFM No: Project Name: Section: Everglades Airpark Parallel Taxiway 2. Design Phase Senior Environ. Auto Task Principal Ecologist Ecologist Tech Cadd Admin. 1. Update FLUCFS & Wetland Map 2 8 20 16 2. SFWMD Permit A Iication 8 20 8 32 16 3. SFWMD ERP Review 12 24 8 24 16 4. ACOE Permit A plication 6 24 8 5. ACOE Permit Review 12 24 8 24 12 ~~-:-7~~v;:-fTI ',' . " ~tJ ~{-.::r~ '~."\l~~:' ,:, ';1 ~~, ~'lJ..o... . 50 '+.0 .) >' ~ . I ' ;} f'l' r:j " ::. J ~ /. ~ . t ..'~ r Total Hours 40 76 44 0 120 52 HourI Rate $ 110.00 $ 90.00 $ 80.00 $ 60.00 $ 60.00 $ 30.00 Total $ 4,400.00 $ 6,840.00 $ 3,520.00 $ $ 7,200.00 $ 1,560.00 Total Cost: $ 23,520.00 II TOTAL THIS ARTICLE: $ 23,520.00 II '. ~q FEE SCHEDULE HOLE, MONTES, INC. Consultant 1 6 I 1 (BL) Airport: WPUFM No: Project Name: Section: Everglades Airpark Parallel Taxiway 3. Bidding Engineer Project Staff Engineer Task Principal Sr. Proj. Mgr. Engineer Engineer Technician Clerical 4 4 4 2 4 2 4 2 2 1 4 2 2 8 1 2 2 1 Total Hours Houri Rate Total o $130.00 12 23 $110.00 $95.00 $ 1,320.00 $ 2,185.00 $ o $80.00 8 8 $60.00 $38.00 $ 480.00 $ 304.00 ~'-~~~-0~ ?~"' ) , 4~" ' ,," ~ .}..'" -: I.. . -t ~, $ Expenses: Printing 25 sets @ $75 $ 1,875.00 Total Labor Cost: $ 4,289.00 Total Expenses: $ 1,875.00 Total Expenses: $ 1,875.00 Total Subconsultants: $ 550.00 Subconsultant Services: Electrical Engineer HM Administration 10% $ 500.00 $ 50.00 II Total: $ 6,714.00 TOTAL THIS ARTICLE: $ 6,714.00 II Total Expenses: $ 550.00 ., S:\1999\1999036\FEE SCHEDULE CCAA WO 02.04.xls 106 1 6 I 1 (132) FEE SCHEDULE HOLE, MONTES, INC. Consultant Airport: WPIIFM No: Project Name: Section: Everglades Airpark Parallel Taxiway 4. General Administration Engineer Project Staff Engineer Task Principal Sr. ProJ. Mgr. Engineer Engineer Technician Clerical a. 2 2 4 b. 8 8 4 c. 2 4 4 d. 2 4 4 e. 4 4 ~\ '~~ '.. . ~ , ~'. .....' , '.. % , " . i ",,', " ~ ~ i'~ ' ~. '~.:! . Total Hours 0 18 22 0 4 12 Hourly Rate $130.00 $110.00 $95.00 $80.00 $60.00 $38.00 Total $ $ 1,980.00 $ 2,090.00 $ $ 240.00 $ 456.00 Total Labor Cost: $ 4,766.00 $ 54.00 Total Expenses: $ 54.00 Total Subconsultants: $ Total Expenses: $ 54.00 Expenses: Printing: Subconsultant Services: N/A II Total: $ 4,820.00 TOTAL THIS ARTICLE: $ 4,820.00 II S:\ 1999\ 1999036\FEE SCHEDULE CCAA WO 02.04.xls /0 ( 16 I 1 (Bl) AGENDA SUMMARY OCTOBER 13, 2003 AGENDA ITEM NO. V-I MONTHL Y FINANCIAL STATEMENTS ADMINISTRATIVE Summary: The interim financial statements for the period ended August 31, 2003, were prepared but they are not being submitted because they are materially inaccurate. The database from which the financial statements are prepared did not contain all of the expenditures made during the month of August. The reason for the omission is that the County's financial management system does not reflect expenditures exceeding appropriation lines, even though the expenditures were made. A budget amendment, a copy of which is attached, has been made to reallocate the dollar amounts among the appropriation categories. Since the budget amendment is solely for purposes of reallocation, its fiscal impact nets to zero. Once the budget amendment has been posted, the omitted expenditures will be recorded. It is not clear if the omitted expenditures will be recorded at the time of incurrence or at the date the budget amendment is recorded. In any event the year-to-date financial statements as September 30, 2003, should contained all of the financial transactions for the fiscal year. Recommendation: For discussion. 'I (o;), BUDGET AMENDMENT REQUEST For BudgetIFinance Use Only BM............................... JE#......... ................... ..... BAR#.............................. A.P.H. Date....................... 1 6 I iCB2) 495 Fund Number Airport Authority Fund Description Date Prepared: 08/21/03 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Airport Authority Administration (Provide the Fund Center or WBS element In ormation; It IS not reqUire to DroVI e ot . Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 1923 10 764360 Office Equipment (2,284) 6,900 4,616 192310 651950 Minor Data Processing Equip 2,284 0 2,284 192310 512100 Regular Salaries (I 0,000) 292,000 282,000 . ti . d 'd b h) Fd CtrNo.: 192310 WBS No.: Net Change to Budget (10,000) Fund Center Title: WBS Element Title: Expense Budget Detail Immokalee Regional Airport FdCtrNo.: 192330 WBS No.: (Provide the Fund Center or WBS element information: it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 192330 642415 A vGas Fuel Expense 10,000 59,300 69,300 192330 512100 Regular Salaries (36,000) 89,600 66,400 192330 764150 Heavy Equip & Trailers (13,000) 29,500 16,500 192330 648170 Marketing & Promotions 6,000 0 6,000 Net Change to Budget (l\3,000) 3 Fund Center Title: WBS Element Title: Expense Budget Detail Everglades Airpark Fd Ctr No.: 192350 WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 192350 512100 Regular Salaries 5,000 32,500 37,500 Net Change to Budget 5,000 " (1) "3 16/1(57) Fund Center Title: WBS Element Title: Expense Budget Detail Marco Island Executive Airport FdCtrNo.: 192370 WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descrh>tion (Decrease) Budget Budget 192370 512100 Regular Salaries 25,000 154,700 179,700 192370 642415 A vGas Fuel Expense 15,000 139,400 154,400 192370 764110 Autos And Trucks ( 15,000) 19,000 4,000 192370 646970 Other Equip Repairs 13,000 2,500 15,500 Net Change to Budget 38,000 EXPLANATION Why are funds needed? No funds needed. This is a reallocation of funds between cost centers. Where are funds available? N/A Cost Center Director: REVIEW PROCESS Division Administrator: / / Bud et De artment: // . ~ ~~ Cj~c.1-$ Finance De artment: Clerk of Board Admin.: 'I /t7'1 -"---'--'-'~'-- 1 6 1 1(BL) Collier County or Airl ) {~rt Authority .... .. - "-. ... General Correspondence -,,' I I I 1 I Rear seats are behind C of G. so care is neeoea with loading and rear passengers should mount last and disemcark :irst to keep the nosewheel grounaed. Sowed undercarriage legs are composite. Note landing lignt on left. hand lift strut, 'I ++ ' p. ',:, ';'.'f _'I '(1 ; AFA.\lILY :\IRCRAFT n~~ds four S~;lts, Th;lt', tilL' dr~;lm. , ' llnd~r th~ umhr~lI;l of th~ Popubr FI;ing'\ssociation, it is now possible- to build on~ pro,'iding it is k'ss th;ln 260 hp. Th~ bt~st offering from ,'\ustralia is just such an aircr;ft, Th~ Jabiru J+OO is pO\n::red b;' the company's o\\'n 120 hp engine. Th~ four-seater has (JrO\\'n from th~ diminuti"e. tadp~Jle-like cockpit. tim-tailed two- seat J 200, Th~ ,1ircraft I Ile\\' is hased at ylarco Island, Florida, and operated b\' Amh' Siln::ster of Suncoast Sportplanes Inc. Th~ ;lircraft was small~r than exp~cted. .'\s I ;lpprllc1ched, it ,lpp~ared to shrink, [ could see o\"er th~ upp~r-\\'ing J.nd immediately tllOw,ht how ~as\" refuellill" would be" .it is eight;, [wr c~nt tI~ siz~ of J. L'essn,l 1:;0/1 :; 2 but is cbim~d to "utp'Tform the L' I 12 in most J.rL'J.S. TIll' two-seJ.t cJ.bin an'..I Ill' th~ J200 has hL'L'n enLlrged to pro\'id~ a morL' cOI1\'t~nti(jn..ll L'abin. ,\n 8+0 Ih p.l\"lo,l<1 L'all be 'J.rri,'d, ,llthough that IIldlld"s th" Iw'l ill till' tl\() "'I"'llt\'- " -. .~, .+ litre ,,'ing-root tanks. The hoom III the rear rus~ lag" S\I'('CPS to ..I diminuti\'e t;liI. seeming I;' ,,'ith too small an ar~a of control surface. The hn ..Iml rudder are mounted well forward of th,' potenti..llh'- blanking horizontal tailplanc, pro,'idin" a "om!. theoretical spin reco\'en~ This lean's the rudder in ;l clean. uninterrupt,~d up,\'ard airt1m,', The rudder appears to he slighth' swollen in chord to enhanc~ its effecti,'eness, There is a long Imet from behind the upper fuselage. which appears to he a t\'pical fix to correct and L~nhanc~ directional stability. The under-fuselage rear 'bump stop' may also lend a little to directional stabilit\', The static "ent is mounted on the fin's top and leading-edge: thL' pitot is attached to the strut of the right mainpbne. The L,Ie',ator is horn- babnced, k~eping thL' centre of gra\'it\" forw,1nl of the hing~ lin,,, ;;re\'e~ting Ilutkr, hut h.1s-,1I1 ,1I1ti- s~n'o tab to trim .ll1d ~nhanc~ thL' f~eI. The straight-edg,'d \\il1g USL'S ,I \:,\L'.-\ ++121)J'I),"tiI',TIlL' ~Il1,lll but -II - dfL'L"tI\'l' dilfaential ,1ikrons are hingL'J from und~rnL'ath. ,'\sid~ from th~ !lut~d \\ingtips. an So-inch slottl'd !lap. ten inches (k~p, ')Ccunies tl1l' rest of the trailing- edge: Three tlap positions ar~ - pnl\"ideJ: clean. mid I take-otfl and full I landing \, ThL' tlaps J.ppear rather small tor their task. ,-\ll three undercarriage legs feature ne.1t 'p..lts. The nosewheel has .1 trailing-link arrangement while the :;00 x 6 ~main, are ..I~tJCh~d to composite. lJUtwardh'-ho\\'ed legs. The \\'ing struts are attached to the 10\\"('1' tu~ela"e abeam these le"s The ::- b' left strut hou,cs a "er\' small landing light. the size of a tor~h, while the ~ right houses the pitot on .1 Ilexibl~ mounting, out of th~ prop arc- mind ,'ou don' t bend it as "ou exit . . rl1l' right do, \r. Thc' L'nginL' is dL'signL'd .1I1d m,1I1uL1cturl'.j in-hous~, It is an air- L'()()ll'd, rour-'trok~, horizontally IlppOSL'd, six ,';lil1l!c.r L'ngin~ \\cighing in ,n I SO lh ,md dc,'eloping 120 hp, C\'lind~r displ.1c~mL'nt is 20() cu in. ,~,.Huring ,II,S: I ,'oll1l'n'ssioll r,nio, ThL' "!c'.lr,co.)lL'd wooden Sensenich propeller contrasts with the exterior of this white, plastic aeroplane, using the on Iv natural material on the airframe. Maximum revs for engine and propeller are quoted as 3,300 rpm. The company's literature has an interesting graph of the engine performance curve, showing 1,710 rpm returning 60 hp; 2, I 00 rpm 80 hp; 100 hp 2,540 rpm. Book figures show 107 hp at 2,750 rpm as the maximum permitted continuous power, Entry to the front seats is simple enough, via doors measuring 35 in wide by 28 in high, You enter under the mainplane and in front of the strut. One leg in, a backside is shuffied onto the seat, with a hand for support, and the rest of you follows. The interior feeling is one of lightness-in weight and colour- light construction as well as the white instrument panel and light- grey, speckled colour scheme. The red leather seat cushions and hacks add contrast. Cockpit width is forty inches in the rear and one inch less in the front. By crouching down, to lower the eye-level below the top frame of the door, the wingtips can be seen for manoeuuing in tight spaces, It is possible to reach all three doors, and their simple latch- type locks, from either of the two front seats. The two front doors have a positioning lug that must be engaged correctly on the upper section by the frame, to ensure the door is shut correctlv. All the doors J have side pockets in red trim. The rear bench seat, reached via a single door, places weight aft of the wheels, the C of G tending towards the rear on the J400, lightening the nosewheel. With adult passengers in the back, it may be a good idea for them to get in last and disembark first, so that the nosewheel doesn't leave the ground. Be diligent with C of G calculations; it is best not to scrape the tail bump, and you would not want to compromise pitch authority. Has anyone considered altering the design to feature rear- facing seats? It might short-circuit this potential problem. There is little spare headroom for rear-scat passengers, Should the flaps be left down, it is impossible to open and exit through the rear door, the flap preventing the rear door from opening. Fine on a day-to-day basis, but what about an e,'acuation in an emergency? It is quite understandable that there are no adjustable seats, as it reduces the complexity and build time. As there are no adjustable rudder pedals up front either, cushions are the only option. Fortunately I found both front seats comfortable. The hands naturally seek the control column and throttle, The control column-yes, singular-is between the two seats and has a forward and aft throw of seventeen inches, and fifteen laterally. The moulding at the base of the column is cupped and ridged to prevent the seat cushions restricting any movement. The Teleflex aileron cables snake a curved path behind the front seats. It may be understandable from an engineering viewpoint to route the cables in this way but it makes the interior appear gash and incomplete. Behind the control column is a necessary clbow m 2 I Six cylinder Jabiru weighs 180 Ib, develops 120 hp. Propeller is just about the only item made from a material found in nature. 3 I Single, central control column. Elevator trim and red T-brake are in front of panel. 4 I Rudder is forward of elevator for good spin recovery. Elevator has anti-servo trim to enhance feel, but reviewer thought elevator handling could be better in landing mode. 5 I Front cockpit is 39 in wide, rear 40 in. Interior feels 'light in weight and colour' . Pilot Octoher 2()03 I 45 6 I Like its two'seat predecessor, the J400 is offered as a very complete and relatively easy-to- build kit. 7 I Seen bankinq over the Florida landscape the J400 looks fair sized. but on the ground. 'the aircraft was smaller than expected. As I approached it appeared to shrink. I could see over the upper winq: p:ld ,md in rron t. two kn:'rs: the c:ll'\,1tor trim to thL' Idt :lnd the I'ed T-hr:lke on the right. Fon\':lrd oj' tlll'se ,1re minute j'uel selectors. ThL' rUl,j t:lnks :lIT \\'ing-root mounted \\ith sight gaug1's, The white bci:l of the instrument p:lnel houses the h:lsic six instruments, :lll positioned in front of the PI se:lt. The electronic en~ine int(lrm:ltion system) is [)I:lced to-the right, :llongside :l sm:lll VHF r:ldio. The electric s\\'itches :lre in :l line hene:lth the six instruments, The C:lrhurettor he:lt. st:lrter :lnd m:lgnetos :lre :lll placed centrally', well within reach of both front-seat occup:lnts, Watch waight &. speed St:lrting the engine is simplicity itself. Brakes on, throttle set, :lnd then, wOl'kin~ kft to I'i~ht, the sC<luence is simf)le: ho1t;L'I"\' mo1ster on, 011ternator on, keys to both m,lgndos, [ pushed the sto1rter hutton and within thl'ee compressions she \\:lS firing, The wind Wo1S ri"ht 'Jll the ,1inTo1lt" '" d1'mllnstr,lled limit oj' fourtel'n knots, \Vith fulll'u,'l ,ll1d Il1n"(' ..t1)(),ml, Ihl'lln'ti"lIh' \\(' ,ould stilll1.l\'" l',UTil'd ,1I1ntlhT l)d"';\l'Il~\'r qr .1 lIlt 01 11,1~~,\~{'. But jU"l !w<.'.lll'>l' tllt'n' i.'" ,1 ,e:lt thelT. it dOL'sn', mL',ln \ou can C:lrry somehody in It. ,'side fmm ,mY - ' C 'If C l'a1cubtions, ,n OUI' \\L'ight the OpL'l":ltll1g m:lnu,ll indic:ltL'd \\e \Hlldci 1lL",d ,1l'Ound S20 I'eet I'llI' the t:lke-'llf I'un. T.1xying, tlll' nO,<'\\heL'1 steL'l"ing \\':lS dilTct :l11l1 posit1\e, The turning circk \\a, t'illL' ,1l1d the \ie\\' 'lYL'r the nose \'el"\' good. Un,'" the temperatures on th1' EIS \\'l're 'in the green' \\C ,'ompkt1"! the [JO\\l'l' checks. sekctL'd uk,'-, ,tf Ihp -d'l\\n one dick-,1I1d t.lxll'd llntO thL' tHe- S!.lined rUl1\\'.lY r:lcing tlll' SL',1. ,\Ithough the cnJ'''\ll1d \\,b on thL' limits. thL'l"e \\'.1S no difficulty in maint.lining the l'l'lllrdine and at fifty knots \n' r.li,cd the nose .md I1L'\\' off \yith no sid,,'\\.1\S skip, \\'l' \\'l~re ,1irborr1t' at 11; knllts, TIll' spL'ed rmL' (!ui1-kh' ,1l1d \\'ilh 2,::lbO rpm \\1' climbed 'lUt ,n ninl'tY knots. tllL' m,lximum m,1I10L'U\ ring spL'n!. TIll' climh \\,1\el'L'd l"'I\\L','n SOO ,\lHI qOt) fpm. ThL' I)()Sl' "n ,n ,1 c'OI1lj'llrt,1hl,' ,1I1~k. till' l'n~iI11' 1',111 ,n1<)()lhh ,md ou~sidc ill Ih: bri,:IH light I,(;uld "'l' .1 serics of isl.1I1d, \\ ith \\'hit" s,m,h 11(',11'I1l'S I.1pp1'd 11\ ::listL'nil1g bri,:hl \\,lkr. I:rom ,ll'l'h ill': luil p"\\l'r 10 ;\lll i'tTt took 1I~ jll:--l ; ~ 'l'~'()IHls ,lIul \\l' 1',1'''''' 1.IHHl 1,'('( 1(1 I 111il1(11<' ,111,1 HI 'l'll)l",l... I~l\(\k I "dl~~..>''''l I 1 ,000 I'pm r~tc of clim t S 'n, Oh \l'S. it \\.1S hot as \\'dl-the ground temp,T.lture was o\'Cr 30Ge -ck.1rh' affecting our climb r.ltL' ,m tl1l' da\', G\' 2,()OO ket \\'(! were in light-to-moder.1te turbuk'nce. thing among some c'umulu,. so no true ro1te of climb L'llLlld 111' measured durin" this part of the l1ight. b ,\t 3,O()0 feet and now .1bo\'l~ the la\'er of cloud. hdl power ( 3,230 rpm) go1\'e an indic:lted straight and Ic\'l'l'peed of 128 knots. HO\\'c\'er, this \\ ,1S .1bm'C the mo1ximum continuous rpm, so \\'l' could not hold this I'or lon~, ,\n<h' took control and 100\'ercd the ~nose, 'reachin'T the V"c' of 1+0 knots.1t 3,300 rpm~ To check handlin~ and sto1bilin', I !"<llbl slightly. pitched .1 bit and- l1udg1'd some Y.1\\', .\11 responses \Wr1' !'ine. \Vith the sin"lc control column. I could stil1l1yb with m;' left h.111d I rom the lci't se.lt. All the T &Ps r1'm,lincd insid1' their operating P,lL1ll1l'tL'l'S and the engine Indlcd ,dol1~ \\ithout too many decilwls to both:'I' us. ,1Itl1tJu~h I \\'ouldn't \\,111t to IlY ti1l' J+110 \\ithout .1 decent 1lL',l,isd for too long, dl'spit1' \\'h,lI "th,'r' 111.1\ S,l\ ,lbout this 'luiL:t "I1~lfh',Thl' lTuis".1t l,llllO 1'",'1 ,lnd ',l\-;-ill'l'l11 1'(,(I\luu'd ,111 indl' ,llld I II' 1-.1101>, . '. I _..' Ib] CB The yiew in turns was <Toad in hath directions, despite the pillars on either side of the cockpit. There was a noticeable amount of adyerse aileron drag hut ;.ou had to search for it by reyersing the turn promptly from one t~ another ~o see the nOSl' Yaw a"ay from the turn i. e, roll left and see the nose yaw to th ri . h w~ easily countered with acCl e de an the plane rewarded us with smooth le>Z continuous flight. The stalls ".ere non-entities and easilY recO\.ered from with the control column eased centrally forward, Clean, \\.ithout ~ Kits and the competition EIGHT KITS HAVE been purchased in the UK. The PFA has cleared the design for I members to build and Jabiru has undertaken full testing for the UK to FAR 23 latest revision, including elevated temperature testing. The CAA is allowing the 3300 engine to be used subject to passing a fifty-hour endurance test and inspection schedule as required for helicopters-all that testing is complete and the reports were beinq written for presentation at the end of August. The Jabiru company says kits are supplied 'complete with everything except paint. upholstery and headsets-it includes VFR instruments, and even a battery.' Build time is advertised as 'typically 600 hours from start to finish. Everything has I been thought of right down to resin mixing cups, mixing sticks, applicators and brushes.' The components are supplied in white gel coat finish. The fuselage comes in two halves (top and bottom). 'Most of the homebuilder's work involves fitting out the aircraft with components and hardware supplied. All locating points are identified by factory-drilled I holes and hard points are factory installed: , The wings are supplied complete except for fitting flap and aileron attachments and linking the fuel system. They are also gel coated out of the mould, The detailed constructor's manual is supplied on CD, 'with step-by-step procedures, checklists, engineering drawings and more than 100 photographs: Competition in the four-seat homebuilt market comes from Dyn'Aero with the MCR-4S (see flight test in Pilot. May 2007) the four-seat derivative of the MClOO Ban-Bi. Dyn'Aero's UK agent is Lyndhurst Touchdown Services; see www.avnet.co.uk/touchdown The next aircraft to keep an eye on has its origins in Filip Lambert's RAeS prizewinning design back in the mid-nineties. This is the M212 Mission. Visit www./ambert- aircraft.com/english to see more about Lambert Aircraft Engineering and the MR series. PliOl OClOhcr l003 I 47 ~' "I Ii... .... Flight test I Jabiru J400 8 I Adverse aileron drag becomes apparent when reversing turns, but hardly at all otherwise. View in turns was 'good'. 9 I Elevator handling, brisk enough in flight, became 'soggy, almost lethargic' when landing but was 'workable'. 10 I Author's closing advice is to seek Instruction before flying the J400, but he 'certainly enjoyed' his flight. , '/ ,~ flap, the stall was indicated at 62 Back in the pattern at Marco Island, knots; the book gives 60 knots-near above beautiful golf courses and lines enough. The rate of descent stuck on of verdant vegetation, I flew the the 7'00 fpm mark and with the stick downwind leg at eighty knots with held back there was a very slight roll flap down one stage. On final, I to the right. Very docile, but I hope applied full flap, and the speed that all who fly this aircraft will reduced to sixty knots in the flare recognise the stall as there was little over the numbers. Here I was a little pre-~taIl buffet. If the warner sounds disappointed with the elevator late, the stall might be missed by the response, as it appeared soggy, almost inexperienced. Aileron can be used lethargic. Had I not started my here, but there were quite visible roundout early, I may have come close signs of ad,'erse aileron yaw. As soon to arriving on the nosewheeI. It mav as I released the stick, having held be Australian but I had no wish to ' back the pressure and not trimmed imitate a kangaroo. I tried three more into this sink, speed picked up approaches: flapless, glide and smartly and she returned promptly to standard. With anticipation and timing true flight. the elevator is workable. We also With full flap, as on final, the stall increased the demonstrated crosswind is at 53 knots, some five knots higher from 14 to 18 knots. Not bad at all. than published. Leaving a trickle of I certainly enjoyed my J400 !light power, the audible stall-warner (a over the islands. That said, I would shaking reedy tone) came on at fifty advise anybody considering building knots. As it stalls, it is accompanied or acquiring one of these Antipodean, by a judder through the elevator four-seat homebuilt touring aircraft circuit. The stall-warner was a bit late to take particular care in loading. In sounding; it should be a warning, not addition, be mindful of the low a conllrmation! manoeu\Ting speed, as it is well In a balanced roll, from 300 of left below cruise speed. And learn to bank to 300 rh:ht and then back, took recognise the stall. Also. pleas" around t\n) se~'()nds. The roll rate is anticipate' the roundout. Instruction not ,lstounding hut it is l,rae-tic-.ll for will he a must, Ill'f(ll'" vou lh ..I ~......:.". ,;..,...~j'l .._..~,._.,___._____~,~:..!l'-a ., 1611~_ " Dimensions Wingspan Wing area Length Height Cabin height Cabin width 26 ft 4 in 86.1 sq ft 21 ft 5 in 7 ft 2 in 3 ft 7 in 3 ft 8 in Weights & loadings: Empty Useful load Mtow Fuel Max wing loading Max power loading g limits 6821b 8581b 1,540lb 37 imp gal 17.9 Ib/sq ft 12.83 Ib/hp + 3.8H9g Performance Vne Va Max level speed Cruise Stall, clean Stall, landing mode Take-off run Landing run Max climb. s/I Service ceiling Range 138 kt 90 kt 130 kt 120 kt 60 kt 48 kt 820 ft 720 ft 1,000 fpm 15,000 feet 520 nm Engine & propeller Engine: Jabiru 3,300 cc of 120 hp. Propeller: Sensenich, two-blade, fixed-pitch, wood !composite, 5 ft diameter. Manufacturer Jabiru Aircraft Pty Ltd, Bundaberg West. Queensland, Australia. Web: www.jabiru.net.au UK distributor ST Aviation Ltd, Technology House, High Street, Downham Market, Norfolk PE38 9HH. Tel: 0136 638 5558; e-mail: info@surveytech.co.uk web: www.jabiru.co,uk Price Complete kit including engine, instruments, propeller and Microair radio costs E29.000 plus VAT. e Pros: four-seat kit plane from established manufacturer, a practical tourer. = Cons: late stall-warner, lethargic in pitch. lowered flaps block the rear door, front seats/pedals not adjustable. " ~ RIBBON CUnlNG H,,~ STARBUCKS /f~ ~ in the Esplanade ( ~t ~ 740 N. Collier Blvd.. Suite 1121. Marco Island. Fl 34145 Starbucks treated everyone to fantastic coffee at their Ribbon Cutting. As you can see by the crowd, everyone LOVES Starbucks coffee! 161 1~ l!AD!ft!U'I' MAftfG eOV!ftl'fM!NT & TftAI'f!I'GftTAT'GI'f !!!!IGN The 2003 Leadership Marco class met for the Government and Transportation segment of the program. Government speakers included Ciry Councilman Mike Minozzi, Ciry Manager Bill Moss, Everette VanHoesen - Planning Board Chairman, Bill Patterson- Code Enforcement, Collier Counry Commissioner Donna Fiala and Counry Manager Jim Mudd. The lunch break speaker was State Representative Dudley Goodlette who spoke about important legislative issues. Transportation speakers included Diane Flagg-Director of Alternative Transportation for Collier County. Executive Director of Collier CounSV Airport Authority Gene Schmidt, lean Tremblay-Civil Air Patrol. Airport Manager Bob Tweedie and Laska Ryan-Senior Manager Marketing for Lee County Port Authority. TOP: Bob Tweedie BELOW: Laska Ryan Henning Coyle Cel&ltt'" E BLACK AFFAIRS ADVISORY BeAR I 1 an) MEETING January 27, 2003 M~UT }.;.'I:...~S Members Present: Marian Thompson, Chairwoman Rufus Watson Gerry Moore Laverne Franklin Jodi Bisogno, Vice - Chairwoman Staff and Others Present: John Dunnuck, Liaison to County Manager / BAAB I. The meeting was called to order at 6:05 PM II. Approved Regular Meeting Minutes -February 25, 2002 (5-0) III. Old Business Elections Marian Thompson elected Chair Jodi Bisogno elected Vice Chair Update: Human Relations Ordinance Discussion regarding the Commission's actions IV. New Business Future of Black Affairs Advisory Board Discussion whether the Board would be willing to dissolve the BAAB in favor of one Human Relations Board with representatives of many diverse backgrounds. After felt strongly that BAAB still plays a role in the community and voted (5-0) to recommend keeping this advisory board. Following vote there was discussion about developing a work plan for the advisory board to stay focused on the issues. It was decided that each member would submit ideas to John Dunnuck by February 10, 2003 in order to compile for discussion at the February 27, 2003 meeting. Once discussed it is anticipated that BAAB will be able to finalize a work plan at the March 1 ih meeting. Other issues that were discussed included: Inviting Commission~rs::t<?..Jll~e.tings, cha,nging the quorum qualifications of the Ordinance, providing. ... a... C~OPY'Of the Charter Ordinance to members for review. Board voted (5-~)to Ordinance to allow a quorum to be a majority of members in offic<e'. _ work on bringing that to the Board at the February 25,2003 COtymis,sion me~ing. Staffwill also provide a copy of the charter Ordinance to members.'! 7l.D l..,J))) ts"3 7:). tVi. Discussion of Meeting Schedule 161 {(33) The Board discussed whether Development Services was the appropriate place to hold meetings. After discussion, the Board voted (5-0) to rotate meetings throughout the community park and library locations. Hiring of New School Superintendent The School Board staff invited a representative from the Black Affairs Advisory Board to attend a session to help develop a profile to select the next School Superintendent. Rufus Watson was appointed spokesman by a vote of (5-0). The Board requested that he present an agenda that addressed concerns regarding raising individual school performance and credit superintendents who have supervised school systems with diverse populations. V. Meeting was adjourned at 7:45 PM Respectfully Submitted Approved by, John Dunnuck, Liaison Marian Thompson, Chairwoman 114~~UTJ 0 " ,; !:",. ," ... .,.A~ ''''g' '. ~ -' .':i!of .. l....l,r,In-... ~~jtjVle ( 'IQftiil THE BLACK AFFAIRS ADVISORY }o~ 1 (B 3 MEETING February 24, 2003 Members Present: Marian Thompson, Chairwoman Rufus Watson Gerry Moore Laverne Franklin Gary Pierrot Carolyn Spatta Jodi Bisogno, Vice - Chairwoman Staff and Others Present: John Dunnuck, Liaison to County Manager / BAAB I. The meeting was called to order at 6:05 PM II. Approved Regular Meeting Minutes -February 25, 2002 (5-0) III. Old Business Ordinance Change - Quorum Requirements Ordinance approved by the Board of County Commissioners to change quorum requirements. Work Plan Discussion Discussion was held based upon the written comments provided in advance of the meeting. Direction was provided to Mr. Dunnuck to put in the framework of a plan to) Market the Black Affairs Advisory Board better through media including: government access, radio, newspaper, churches, and Internet. 2) Invite and host meetings in the community to determine community issues 3) invite commissioners to meetings 4) Develop a consistent mechanism to provide the Board position statements as it relates to community activities. As a short term approach, the Board directed staff to develop a Resolution in support of keeping the name of Dr. Martin Luther King Jr. school in the Estates and has authorized the Chair to send a letter to the School Board requesting that it consider allowing more community involvement in the selection process via a community selection panel during the Administrator hiring process. 5) Develop a bud~~~l~oC~?J?pPrt these functions. . " O(;s: .i.~~_ IV. New Business Request relating to Volunteer Work from Mr. Pierrot ) (O(~ 1 DO:) Board discussed whether to authorize Mr. Pierrot on behalf ofBAAB to volunteer his services as a role model at the juvenile facility in ImmokaIee or Naples. BAAB supported his activities, but determined that it was not an appropriate function the BAAB. '..:.: To~ .. 16/1 ~~~ v. Meeting was adjourned at 7:45 PM Respectfully Submitted Approved by, John Dunnuck, Liaison Marian Thompson, Chairwoman MINUTE~F T Fiala Halas Henning CoylS Coletta 1611 ~61~ E BLACK AFFAIRS ADVISORY BOARD MEETING March 17, 2003 Location- Central Library Members Present: Marian Thompson, Chairwoman Rufus Watson Gerry Moore Laverne Franklin Gary Pierrot Carolyn Spatta Jodi Bisogno, Vice - Chairwoman Staff and Others Present: John Dunnuck, Liaison to County Manager / BAAB I. The meeting was called to order at 6:05 PM II. Approved Regular Meeting Minutes -February 24,2003 (7-0) III. Old Business Work Plan Discussion Work Plan was presented to BAAB. Voted (7-0) to approve and forward to Commission. Liaison to develop a schedule based upon work plan. IV. New Business Discussion regarding School decision to reconsider naming of Golden Gate Estates elementary school. Direction given to write a letter expressing Board's disappointment in decision and request to be a part of future naming discussion. Letter to be signed by Chair and reviewed by Mr. Pierrot. Discussion on School Superintendent selection process. Direction given to send letter from BAAB to School Chair requesting that community be more involved in the selection process. Discussion regarding Human Relations Coalition. Material handed out by Ms. Franklin to attend a coalition gathering. I, ~. -._)~ 0: .'~: 1:cl..-hL5_.__ ILi(12) I &~ '5 To: v. Meeting was adjourned at 7:30PM Respectfully Submitted John Dunnuck, Liaison 161' ..... Approved by, Marian Thompson, Chairwoman l (j~) MINUTES OF THE BLACK AFFAIRS ADVISORY BOA~ 6 '~l s J' MEETING U Fiala $ April 21, 2003 Halas Henning Coyle Location- Main Library r "I AHa ~~ L/ Members Present: Marian Thompson, Chairwoman Gerry Moore Gary Pierrot Carolyn Spatta Jodi Bisogno, Vice - Chairwoman Staff and Others Present: John Dunnuck, Liaison to County Manager / BAAB Barbara Pedone, Public Information Absent Rufus Watson Laverne Franklin I. The meeting was called to order at 6:15 PM II. Approved Regular Meeting Minutes -March 17,2003 (5-0) III. Old Business Work Plan Schedule Schedule was presented and discussed. Voted (5-0) to proceed. Follow-up regarding School Issues Voted (5-0) to send letter with minor changes. IV. New Business Community Relations and Referral- Public Information Office Barbara Pedone, Public Information Office presented the new pamphlet on the Community Relations and Referral service and how program will work. She is going to look to add a BAAB member to the upcoming "spotlight" segment. Also feedback on program users will be provided to BAAB in the futll!e. Finally a motion was made and approved (5-0) to provide the pamphlef:'in Hiifferent languages including French Creole and Spanish. . L} i ,.::~,..__. ~dL~ -!....2.,..). Revenue Commission Appointment ... ~ L )Lol1.)\~3 Marian Thompson was approved as the representative for this Commission (5-0). Joint Meeting with Hispanic Affairs Advisory Board Agreed to meeting recommended that it be held at same time as regularly scheduled BAAB meetings (5-0). v. Meeting was adjourned at 7:15PM Respectfully Submitted John Dunnuck, Liaison Approved by, Marian Thompson, Chairwoman 1 6 , 1 C~~J 16 I 1 (4) AGENDA J' COLLIER COUNTY CONTRACTORS' LICENSING BOARD *- DATE: October 15, 2003 ~i:II:S TIME: 9:00 A.M. W. HARMON TURNER BUILDING Henning j/ (ADMINISTRATION BUILDING) g~~:e? COURTHOUSE COMPLEX 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 THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II, ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: September 17,2003 V. DISCUSSION: VI. NEW BUSINESS: Julie Caron - Request to qualify a second company. Thomas Jardone - Request to qualify a second company VII. OLD BUSINESS: Frank R. Ragan - Request to qualify a second company. VIII PUBLIC HEARINGS: Arthur Wayne Francis - Contesting Citation #1529 issued for no tile license. IX. REPORTS: X. NEXT MEETING DATE: Wednesday, November19, 2003 \ ~1~.~~-? 'LP(~) \ ~'-\- ;-=;ala Halas Henning Coyle Coletta ..... 1 6 I 1 CB5\ / AGENDA COLLIER COUNTY HISTORICAL! ARCHAEOLOGICAL PRESERV A TION BOARD WILL MEET AT 8:30 AM, WEDNESDAY, OCTOBER 15,2003 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM "E", LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ADDENDA TO THE AGENDA: 2. APPROV AL OF MINUTES: September 17, 2003 3. PLANNING SERVICES DEPARTMENT REPORT: 4. OLD BUSINESS: A. Historic Preservation Guide B. Roberts Ranch Update C. North Naples Country Club Update S. NEW BUSINESS: A. Survey and Assessment Waiver , ) 6. DISCUSSION OF ADDENDA 1~~~1-9_~,__ If.c>LT:.-') 1 t s 7. ADJOURN Cl/Ardlw..'I'h)gll'al Hisl<)rical Prl'SlT\~ltl()1l B()anl/;\~l"IHia/f{B/sp 1611~1 ~~~ I~~f~l';(~\ (..~~.. . .~~~~-r~~fj '\1'- \ q; " \, ''---.J / "-, '-"-' .--"/ COLLIER COUNTY October 2, 2003 Ms. Susan M, Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board will hold a public hearing at 8:30 ,l.m. on Wednesday, October 15, 2003. I have enclosed a copy of the agenda for your review and records. The meeting that will be held in Conference Room "E" at the Community Development Services Building in Naples, Florida. In addition, I have also attached the minutes from the June 18,2003 meeting for your files. If you have any questions concerning these meetings, please do not hesitate to call me. My phone number is 239-403-2463 or you can e-mail meat:Rayhellm\.sillcolIier~()\.net. Sinmely, ~ {;:u.,>M;, Chief PI","" (Historic Preservation Coordinator) J Ii~[('ric Pn....Sl'fY.Hlt)l1/R\.H/sr cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron J amro Susan Murray Patrick \Vhite Christopher Brown Linda Bedtelyon 161 )~~ HISTORICAL / ARCHAEOLOGICAL PRESERVATION BOARD Conference Room "E" 2800 N. Horseshoe Drive, Naples Florida 8:30 AM September 17, 2003 LET IT BE REMEMBERED, that the Historical! Archaeological Preservation Board, in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Conference Room "E" of the Development Services Building, Naples, Florida, with the following members present: Members: Alexander Dusek William Dempsey John Thompson Joanne Quinn Thomas W. Franchino (Arrived at 8:49 AM) Collier County Staff: Ray Bellows Other: David Driapsa 1 6 11(~ The meeting was called to order at 8:40 AM. I. ADDENDA TO THE AGENDA: 11II Mr. Thompson added an update on the lab to the agenda. II. APPROVAL OF MINUTES: August 20, 2003 11II Mr. Thompson moved to approve the minutes of 8-20-03. It was seconded by Mr. Dempsey. All were in favor of the motion; the motion passed unanimously. III. PLANNING SERVICES REPORT: 11II Mr. Bellows stated that there will now be someone present at every meeting to take the minutes. The idea is for this committee to achieve a more formal style; by use of a more formal meeting room and possibly televised meetings. II Mr. Bellows stated that he will talk to Joe Schmitt about funding the inspectors for "car and burial" to be re-trained every two years. II Mr. Bellows stated that on October 16-17 he will be attending a workshop on tax incentives to encourage preservation. 11II Mr. Bellows explained that he was appointed to Chief of Current Planning over the last year and he will no longer be able to act as staff liaison for this committee. Chris Brown will probably be appointed as the new staff liaison. Mr. Brown, if appointed, will be taking over full time in December 2003. 11II Mr. Bellows noted that Will Dempsey and Bill Tyson have re-applied for a position on this committee. Alexander Dusek did not re-apply, so there will be one vacancy to fill. The committee decided to discuss the vacancy and the selection of a new chairman under new business. 16/CfS IV. OLD BUSINESS a. Guest Speaker - Terry Brennen ofWGCU III Mr. Brennen could not make it to this meeting. b. Roberts Ranch Update fill The committee reviewed the revised plans for "Robert Ranch Pioneer Museum". Mr. Bellows explained that the owner could not afford all of the necessary elements of the original plan at this time. The owner is now using a phasing approach for their construction. c. Historic Preservation Guide III Mr. Bellows noted that Chris was going to give an update on the guide, but he was unable to attend the meeting. Mr. Bellows explained that Chris had updated the guide to put in all the county museum locations, added sites, and a map is being prepared. Mr. Bellows stated that they would have a copy of the updated guide to the committee members before the next meeting. V. NEW BUSINESS: a. Update on the Lab fill Mr. Thompson reminded the committee members that they are always invited to the lab on Tuesday's and Thursday mornings. They have been looking at Addison Key. This site was once known as no-name key and was visited by Mr. Moore in the 1890's and Mr. Herdlicker in the 1930's. No report was ever written on this site. Mr. Thompson noted that they made some errors in the Cross Key report and he believes that they need database to assist in writing their reports. Mr. Thompson added that there are currently two departments; Department of State and a Department of Community Affairs. It has now been decided that these two departments will merge. Staff and budget cuts are not planned with this merge. 1 6 I 1 (6S") b. Re-appointments, Nominations, and Elections iIII The committee reviewed the applicants. III Mr. Dusek made a motion to recommend to the BCC that Bill Tyson be re-appointed to this committee. It was seconded by Mr. Thompson. All were in favor of the motion; the motion passed unanimously, 5-0. 11II Mr. Thompson made a motion to recommend to the BCC that Mr. Dempsey be re-appointed to this committee. It was seconded by Mr. Dusek. All were in favor of the motion; the motion passed unanimously, 5-0. III Mr. Dempsey made a motion to recommend to the BCC that Adam Brooks be appointed to this committee. It was seconded by Joanne Quinn. All were in favor of the motion; the motion passed unanimously, 5-0. III Mr. Bellows noted that he would write out the committee recommendations and forward them to Sue Filson. III Mr. Franchino nominated Joanne Quinn to be the new Chairperson of this committee. It was seconded by Mr. Thompson. All were in favor of the nomination; the nomination passed unanimously, 5-0. c. Comments from Mr. Driapsa III Mr. Driapsa stated that the past president of the Florida Federation of Garden Clubs, Cindy Davis, explained that the Garden Club may donate money to the Nearling Garden and asked for the opinion of Mr. Driapsa on this matter. Mr. Driapsa informed her that he believed it was not a good prospect, since in the past, the owners have refused cultural landscape reports. The property is owned by the Fleischmann's. Mr. Driapsa asked if this committee agreed with his recommendation. III Although the committee members expressed a desire to preserve this land, they felt that the owners would be unwilling to allow the land to be designated for preservation or significance. II Mr. Dempsey did not participate in this discussion since he represented the Fleischmann's. 1 6 I 1 ,( Bs J .. Mr. Driapsa brought in an effigy pipe for the committee to see. The pipe was found in Ohio and is associated with the Hope well Indian culture. Mr. Driapsa also brought in a book for the committee to review; Ancient Monuments of the Mississippi Valley. VI. DISCUSSION OF ADDENDA III The next meeting will be on the 3rd Wednesday of October; October 15,2003. VII. Adjournment II Mr. Thompson made a motion to adjourn. It was seconded by Mr. Dempsey. All were in favor of the motion; the motion passed unanimously. lIIl There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:34 AM. ) sePtel~.lol C~h) Fiala H(\~as H~r' "ing r\(J'i!"" ."'.~ '-@ C_~2tta TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, September 3, 2003 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in REGULAR SESSION in Conference Room "E" in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN : Peter VanArsdale Charles Abbott Dalas Disney Robert Duane - Absent Marco Espinar Blair Foley Brian Jones - Absent Dino Longo Robert Mulhere Justin Martin Thomas Masters Brian Milk - Absent Thomas Peek Herbert Savage ALSO PRESENT: Amy Patterson - CDES Garrett Mullee - CDES Phil Tindall- Transportation Roger Kastel- WW Reuse Patrick White - Assistant County At~9.m~bmG: Joe Schmitt - Community Dev. & Environmental Russell Webb - Planning Item# Ib(J2-) I ti.p Page 1 CO,);8S To: septem!r? zL}. (Bb) Chairman Peter VanArsdale called the meeting to order at 3:35 PM. I. Approval of Agenda - a revised Agenda was handed out. Mr. VanArsdale has a letter to pass out under "Old Business". Tom Peek moved to approve the Agenda. Dino Longo Seconded. Carried unanimously 8-0. II. Approval of Minutes - August 6, 2003. Tom Peek mentioned there are duplicate pages of the minutes in their packet and the format used for the Sub- Committee was rather confusing. Joe Schmitt informed the Committee that Ana has taken a different position and Sue Rossi along with a temp is helping in the office. Connie is trying to keep things together until they get staffed. Tom Peek moved to approve the minutes. Seconded by Herb Savage. Carried unanimously 9-0. III. Staff Announcements: A. Development Services Division Update - Joe Schmitt - informed the committee Margaret Wuerstle has tendered her resignation and has not appointed a new Planning Service Director at this time. Stan, Susan and Randy will report directly to him until he knows what exactly he is going to do. As to fees, he will give updates to the Committee when they have the business system purchase. There will be impacts for about six months and will try to shorten the fielding time and process mapping. B. Transportation Division Update - Phil Tindall reported they are working on check book concurrency. Stan reported they will have the draft ofthe LDC filed next week. Joe Schmitt said the Comp Plan Amendment goes to the Board of County Commissioners - the 1 vs. 3 years. They are supporting the 1 year as it is supported by the BCC. The Comp Plan will come back in October and then December and January when the 3rd cycle of the LDC goes to the BCC. The Comp Plan Amendment has gone to the Board 6 weeks ago and to DCA for transmittal and will go for adoption in November. Peter VanArsdale was wondering if the Committee should take a stand on the Comp Plan Amendment. Bob Mulhere mentioned in reality it is a political issue. The Board voted 3-2 - for adoption it needs a super majority vote. The approval by the Board for rezoning will not take place unless staff can validate the issuance of a local development order of one year the improvements will be in place. The local development order will either be a Site Development Plan or Final Plat. The improvements need to be already started in Transportation. Stan talked about the "Real Time" declining balance ledger. (The 1 vs. 3 year) Discussion pursued about what roads are deficient under the different cycles and Transportation Concurrency Management concepts. Page 2 161]. ( (jl, ) September 3,2003 Dino Longo asked about where the accountability is. He wonders if it actually happens. Joe answered if Staff and Board approve it, they are basically given assurance the project will be constructed within the twelve months. He also mentioned the only way the LDC would be changed is to go back and change the Comp Plan. Dino was still concerned about the accountability, and a developer spending millions of dollars and then wondering if it will really happen or not. Stan noted the Certificates are still issued for three years. So if the road is not built on schedule, and the developer is holding a certificate, they will not be stopped on going forward. Dalas Disney felt the Chairman should write a letter to the Board of County Commissioners on how important it is to have the three year vs. the 1 year. But a legitimate rationale of why should be stated and not be self-serving. The issue is that it would result in less than a negative impact and fewer consequences to the industry that is already suffering. The perception from the Public is different than what the issue really is. It is a lack of understanding from the Public regarding the SDP or fmal plat and when the project is actually finished. That is why the Board is looking at the 12 months. David Ellis, CBI - has had discussion with staff and DCA and they are alarmed at the information received and concerned about the one year scenario. There may still be some shifting and compromising and definitely some concerns. He will provide the Committee with information he has gathered. (Maps etc.) It is confusing and political at this time. It was noted the Commissioners that voted against were Commissioners Henning and Coletta. They want to go with the longer timeframe. C. Public Utilities Division Update - None IV. Old Business: Update on FEMA - Joe Schmitt reported they have had a conference call with FEMA and have gotten a 6 month extension. He is asking the Board for a Budget Amendment for $47,000 that will pay for more data and a company to come out a validate sites and verification of maps. (2D Study) They have to go back to the Contractor and have them certify it to The Federal Standards to the specifications FEMA requires. The LightR data is missing and needs to be certified. Marco asked about the current vacant DEP position and funding. Joe Schmitt said it has gone nowhere with no action. Page 3 sePte!b~3\ol (6 b) v. New Business: A. Indexing of Road Impact Fees - Amy Patterson gave a visual presentation on the indexing of the Roads Impact Fees Annual Mid-Year. (Enclosed in packet) _ Gave Requirements for the indexing establish by Ordinance 2002-66 which was adopted by the BCC on December 3, 2002. _ Timeline was given for Implementation - Resolution presented to BCC on September 9, 2003. _ Staff is recommending a delayed effective date of October 1, 2003. _ Examples were shown of Proposed Road Impact Fees for Single Family, Office, Retail and Industrial. Mid year Indexing - every three years - they will do a full impact fee Study and this is an Annual Study. Every October 1 st an adjustment will be made. An update and accumulative fees will be put in the Committees next packet. Dalas Disney asked where they stood in the state as far as ranking in impact fees -the answer is "highest" - he said now they are going to go up again 9.4% average. He stated he is not too thrilled and if the elected officials had any backbone at all, they would adjust the ad Valorem taxes to take the burden off. Amy gave the 7 areas of impact updates. (Correctional Facilities and Law Enforcement, the Schools, Emergency Medical Services, Library and Government Buildings) Dino Longo wondered what standards they are using in the County. His concerns are the landscaping of medians which have been ripped out several times along Davis and Pine Ridge - are they designing the roads with certain criteria. What design is utilized to calculate construction per lane mile? There is past history of road data. When a fee goes up Amy will report to the Committee. B. LDC 2nd Cycle Amendments - Russell Webb - reported that 2.2.16.2.1. Change was: Adding four uses to the industrial district section. 2.4.4.2. Change was: Clearly state that palms may be substituted for up to 30% of entire parking lot plantings and Type D right-of-way buffers. Bob Mulhere moved to recommend approval of the changes to the two LDC Amendments as presented. Tom Peek Second. Carried unanimously 11-0. The date for the next LDC Sub-Committee is September 17th at 2:00 PM. Page 4 septell>J, tol (~h) Discussion followed on the cycles, timing and number of cycles. C. Review of Proposed Changes to CDES fees - Joe Schmitt passed out two handouts for his presentation. (Enclosed) A slide presentation was given. The cost of doing business: _ Department Revenue and Expenses and Funds 113 and 131. _ Each will be free standing. _ Re-Slicing Fee Revenue Pie _ How Individual Fees are computed _ Proposed Fee Schedule Changes _ Future Events & Commitments The other hand-out: Fiscal Year 2004 Community Development & Environmental Services Proposed Fee Changes. (Enclosed) Will adjust fees if necessary yearly or sooner if needed. He is committed to earn only the Revenues that are needed to operate. If the fees do not get approved, he has two options, one is to get General Fund money from Board or cut staff. Some of the projections were discussed. Joe stated they need to look at the PUD Amendment process again. Dalas Disney didn't feel any ofthe figures presented correlated with what was talked about in Sub-Committee. Appropriations were overstated and the revenues were understated, he could not figure out any of the numbers and was quite concerned. Herb Savage would like to pass the report and give it 6 months or a year review on this format. After a lengthy discussion Dino decided to give his Subcommittee Report on Operations and Budget: _ Issues in Efficiency and Accountability _ Interest - line item in Budget - What are we getting? _ Government is inefficient _ Get an "efficient" operating system - Funds are separated - Is it fair and equitable? _ Board requirements of staff time. (Now separated out) _ This time next year - accountability - Standards set _ After new Computer System better tracking _ More efficient at what they do. Page 5 1611 September 3,2003 lBb) - Shifted dollars Joe is looking to the Committee to help evaluate some of the processes. Some changes are being made already. Bob Mulhere reviewed and questioned different categories in the report of the proposed fee changes. Joe mentioned the two committees - The Productivity Committee and the Revenue Committees are two different Committees. Some of the same people are on them, but they are different. The Subcommittee will meet on Wed., September 10th at 3:00, and Dino is asking for questions from the Committee. Bob Mulhere left at 5:30 PM. Dino Longo moved to approve the Proposed Fee Changes subject to the Subcommittee approval on any issues or conditions raised by the Subcommittee. Seconded Dalas Disney. Carried unanimously 10-0. Tom Masters & Blair Foley left at 5:32 PM. VI. Subcommittee Reports: A. Land Development Regulation (Bob Duane) - Marco reported the LDC Cycle 3 Subcommittee meeting will be September 17th, 2:00 PM. B. Operations and Budget (Dino Longo) - given above C. Utility Code (Justin Martin) - Continued next month. D. Letter from Chairman VanArsdale -- handed out letter for the Board of County Commissioners concerning getting their interest money returned. Patrick White wanted to clarify whose money it really is after it is turned over to the County. VII. Committee Member Comments - None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:36 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Peter VanArsdale Page 6 Fiala Halas Henning Coyle Coletta J ./ ~ 1611'.~ October 1, 2003 (Bl,) TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, October 1, 2003 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in REGULAR SESSION in Conference Room "E" in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: Peter VanArsdale Charles Abbott Dalas Disney Robert Duane Marco Espinar Blair Foley (Excused) Brian Jones Robert Mulhere (Excused) Justin Martin Thomas Masters Brian Milk (Excused) Thomas Peek Dino Longo ( Absent) Herbert Savage Clay Brooker (Absent) ALSO PRESENT: Russell Webb, Planning Joe Schmitt, Dev. Services Ray Bellows, Planning Norm Feder, Transportation Don Scott, Transportation Ed Perico, Public Utilities Ed Kant, Transportation Patrick White, Asst. Co. Att. Phil TindalI;,-l:'ttnsportation Denny B~~t~ )(.0(1: ') \~ (J) Page 1 To: 1 6 I ll~b) October 1, 2003 Chairman Peter VanArsdale called the meeting to order at 3:35 PM. I. Approval of Agenda - Mr. Robert Duane was at a Conference at the last meeting and would like to be excused. _ It was announced Tom Masters was elected the new Chairman ofthe LDC Sub- Committee. _ Review of"LDC Cycle III" was added to New Business. _ Tom Peek moved to approve the Agenda as amended. Marco Espinar Seconded. Carried unanimously 10-0. II. Approval of Minutes - September 3, 2003. It was noted to excuse Robert Duane from the September 3rd meeting. _ Tom Masters moved to approve the Minutes of September 3, 2003 with the above correction to the attendance. Seconded by Tom Peek. Carried unanimously 10-3. III. Staff Announcements: A. Development Services Division Update - Denny Baker introduced Amy Patterson (Coordinator) - a sheet on Impact fees was handed out. (Attached) She covered the different type of impact fees and the various totals on single family homes. (Effective October 1, 2003) Examples were given per handout. _ Denny Baker mentioned the school impact fees being significant with a joint workshop being held between the Board of County Commissioners and the School Board. _ A question was asked how the rates compare with other counties in the the State. A comparison will be done with the top 15 counties in the state. A model will be worked up to blend it all together for a true picture. _ Mr. Savage felt it was unfair to have high impact fees because of new growth and should be paying more taxes for property to pay expenses rather than impact fees. Justin Martin also supports higher property taxes. B. Transportation Division Update - Norman Feder, Transportation - - - _ Indexing impact fees were updated. _ Overpass issue will be brought up in OctlNov. ROW study done but not to design yet. Need to confIrm the need and a concept on community character for Naples/Collier County. Community meetings have been held with good response. Concerns on Goodlette Frank Road and 41 in the City. Joint meeting was held with the City with consultants hired by the City. Consultant study found they needed an overpass at Goodlette Frank. 41 no major problem and will continue to monitor. Committed to look at the whole corridor. Page 2 octobJlloJ3 1 @~ _ Reviewing bridge analysis - southern crossing south side of Airport will be a reliefto Davis but not Golden Gate - with or without an overpass. _ Improvements - $10M - but not the improvements necessary - will be taking back to the BCC as they get ready for the ROW acquisition. _ Discussion followed on the interchange and rezoning. _ Ed Kant, Transportation talked about building permits for pipes being installed early and recommending changes on swale enclosures. Discussion followed on the drainage systems and swales. They are issuing over 200 driveway permits a month. Joe Schmitt rave a report - the fee resolution for the fees going into effect on November 3f were passed by the Board of County Commissioners excluding one portion that was not in compliance with State Statutes. Rates will then be in line with the State Statutes. Building Permit fees will go down approx. 24% and Planning will go up to make up the losses from the Building Permit fees. C. Public Utilities Division Update - none IV. OLD BUSINESS: V. NEW BUSINESS: VI. Subcommittee Reports: A. Land Development Regulations (Bob Duane) (Met at 2:00 PM) Tom Peek covered the confusion ofthe different committee meeting times. _ He suggested ifthey want the "full committee" to meet at 2:00 PM to consider fmal actions on the LDC Amendments, that it be made a part ofthe regular monthly meeting and make it as an Agenda item which would start at 2:00 PM and run until it is concluded. _ It would be "One" meeting. The first item on the Agenda could be the LDC Amendments and everyone would have a copy of the proposed amendments for reVIew. _ Those members not interested in the Amendments wouldn't have to attend until 3:30 PM. He felt that would eliminate the confusion. Tom Peek moved to hold "one meeting with one agenda" beginning at 2:00 PM with discussion of the LDC Amendments and then considered by full committee. The "regular Sub-committee" will still meet separately to review the Amendments thoroughly. There should be a time certain for starting the regular agenda items. Seconded by Tom Masters. Carried unanimously 10-0. Page 3 1611 ~.th October 1, Th03 ~ ) The motion was amended and seconded as follows: Summary - The agenda for 2:00 PM will start with discussion of the LDC Amendments first. The Agenda will have a time certain of 3:30 PM for the regular DSAC items; for public and/or staff reports and input, and continue with the Amendments if needed. Carried unanimously 10-0. Russell Webb mentioned the Eastern Lands and Rural Fringe Amendments will not be available until October 15th. The Sub-committee can hold a meeting shortly after that date if so wished. The subcommittee usually meets the 3rd Wednesday of each month at 3:00 PM. Tom Masters - comments and changes looked at for LDC Amendments: _ Turtle issue - State was amicable to relocating diseased turtles to a site that isn't presently populated with turtles - can delete off agenda. _ Page 11 - Section 2.2.3.4.3 - Yard requirements - a "sliding scale" was suggested - staff did not make the changes. Tom Peek went into detail concerning the comer lots and being non-conforming and used examples. (Would not get a bonus for being non-conforming) The Sub-committee agreed to the sliding scale, staff did not want to change. Joe Schmitt stated builders did not understand it and a lengthy discussion pursued. Tom Peek left at 4:37 PM. _ Page 20 - Building Heights - Dev. 6.3 definitions - Sub committee's recommendation was to delete ftrst line and insert the FEMA elevation and keep the deletion of garage parking. (2 story) Joe stated that it is not so much the height as clarifying it so everyone understands it. The subcommittee felt ''truth in advertising" is important and supports the FEMA position. Discussion followed. David Ellis discussed the issue of Truth in Advertising. As an Industry they are trying to work on better communications, understanding and create better guidelines on how this is done. It is not only Vanderbilt beach but a number of single family homes also. Creating better advertising on what the real height is will be better understood by the Planning Commission, Board of County Commissioners and the public. Peter VanArsdale said part of their recommendation was to measure from grade from FEMA and eliminates the height exception. _ The consensus was to go along with the Sub-committees recommendation. Patrick White - Assistant County Attorney - stated the Section the Committee is discussing is not being proposed for Amendment in the Cycle - the Section is 2.6.3.2. What the Committee is discussing has nothing to do with parking. The Page 4 1611 October 1, 2003 ~b) defmition is recognizing that it is germane to the overall consideration of what height means in a particular structure. He wants to be able to explain to the public with Truth in Advertising. Tom Masters moved to change the Amendment to - utilize the base elevation being FEMA elevation. Second by Dalas Disney. Carried unanimously 8-0. (Charles Abbott was out of the room). _ Page 157 _ Section 3.2.8.3.25 - Irrigation lines - was discussed on the color- coded pipes. Justin Martin moved to strike "using the Pantone Purple 522C Pipe" in the sentence and replace it with - "must be color-coded in accordance with the Collier County's Utility Ordinance and Technical Standards". Second by Dalas Disney. Discussion followed. Carried unanimously 9-0. Tom Masters moved to recommend approval of all the other Amendments with the exception of the ones otherwise discussed where separate approvals were made. (The Gopherffortoise Amendment not included). Second by Duane Arnold. Carried unanimously 9-0. Tom Masters moved to recommend denial of the Gopherffortoise Amendment. Second by Dalas Disney. Carried 8-1. Marco Espinar abstained. Robert Duane left at 5:10 PM. Tom Masters stated he was elected Chairman of the LDC Sub-committee and welcomed others to attend the meetings if there are issues they are interested in. B. Operations & Budget (Dino Longo) No report. C. Utility Code (Justin Martin) Minutes were passed out and explanatory. Committee is working on manual and will be brought to the Committee in January or February. Justin Martin moved to approve the Utility Committee minutes for September 16, 2003. Second by Herb Savage. Carried unanimously 8-0. D. Ad Hoc Committee on fees. None David Ellis mentioned to the Committee of a meeting next Wednesday with the City of Naples, and an upcoming CBI Trade Show. Page 5 1 6 I 1 <'(r. ) October 1, 2ao3 \.bi:, There being no further business for the good ofthe County, the meeting was adjourned by order ofthe Chair at 12:00 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Peter VanArsdale Page 6 J Fia\a Ha\as Henning co')'\e = coletta 16 11 ~1 ./ REVENUE COMMISSION Conference Room "E" 2800 N. Horseshoe Drive, Naples Florida 10:00 AM August 13,2003 = LET IT BE REMEMBERED, that the Revenue Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Conference Room "E" of the Development Services Building, Naples, Florida, with the following members present: Members: Douglas Fee James Gibson William Harrison (left at 11:21am) Jeff Mangan Theresa Nelson Rodney Robinson James Peterka Clark Russell (left at 11:25am) Janet Vasey Collier County Staff:Doug Essman, Winona Stone, Joe Schmitt, Ana Diaz, Mike Smykowski & Bleu Wallace (left at 10:33aW)' a~d Stan i/,. ~::~,c.., '~:r~r'r~,:t')' Litsinger(10:30-11:13am),c~ . ,-~'i'~ I '.......,-, ['dLe.~ I1com# Ilc$) \ t>--Z ,....'. c GG\:',CS To: 1611 @7) I. Attendance: -The meeting was called to order at 9:08 AM. Committee Members: Douglas Fee, James Gibson, William Harrison (left at 11 :21), Jeff Mangan, Teresa Nelson, James Peterka, Rodney Robinson, Clark Russell (left at 11 :25), Janet Vasey -Carol Girardin, Robert Guididas, Matthew Hudson, Joseph Moran, and Clive Walcott had excused absences. Collier County Staff: Joe Schmitt, Mike Smykowski & Bleu Wallace (left at 10:33), Doug Essman, Winona Stone, Stan Litsinger (10:30-11 : 13) II. Overview of the County's current revenue streams and review of those essential services funded by enterprise funds & Discussion on potential alternate revenue sources - Mike Smykowski -Mr. Schmitt provided the committee with an overview of the meeting's agenda. -Mr. Smykowski provided the committee with a handout that discussed the existing revenue services and available alternative revenue services. Mr. Smykowski reviewed the "Existing Revenue Sources", (1 st page ofthe handout); ad valorem taxes, constitutional gas tax, county fuel tax, local option gas tax, county revenue sharing program, half cent sales tax, mobile home license tax, user fees, tourist taxes, impact fees, E-911 fee, and communications services tax. The 2nd, 3rd, & 4th pages of the handout, "The Federal, State, and Local Fuel Tax Rates in Florida's Counties for 2001", provided a comparison of fuel taxes charged throughout the state. On the 8th & 9th pages of the handout, there was a county comparison table for the tourist taxes that are available, the potential levy, and what is currently being levied. Collier County has 4 pennies available for potential levy and 3 are currently being taxed. -Mr. Schmitt noted that "Government Facilities" will probably be added to the impact fee taxes by the end 0 fthe year. -Mr. Smykowski explained that most ofthe existing impact fees are related to a study, but the bulk of these revenue sources are dictated by statute, with the exception of ad valorem, and there is no local latitude on what rate to charge. Janet Vasey asked if 16 1 1 Cl:> 1) Collier County was capitalizing more than most counties. Mr. Smykowski stated that the county revenue sharing, the sales taxes, communication services, & the mobile home taxes are uniform, but the tourist tax fees, impact fees, and the ad valorem levies will vary throughout the counties. -Mr. Smykowski added that Collier County has the highest impact fees in the state. Mr. Schmitt stated that Collier County uses a consultant to verify the need for these impact taxes and that they must pass a legal challenge. Mr. Russell pointed out that when the county is built out there will be no replacement revenue stream for the lost impact fees. Mr. Russell felt that the commission should be looking at the long term plan rather than the impact fees for sources of future revenue. -Mr. Smykowski reviewed page five of the handout; "Available Alternative Revenue Sources": Proposed Impact fees - (law enforcement impact fees & government buildings impact fees), infrastructures sales tax, franchise fees, stonnwater utility fees, tourist taxes, and beach parking stickers. -Mr. Schmitt pointed out that the law enforcement impact fees were currently under study. He expected the study to be complete in December 2003. Mr. Schmitt explained that this fee would compensate for the satellite branches of law enforcement services and increasing services that the county is considering. -Janet Vasey stated that the Productivity Committee is currently looking at the potential for an impact fee for boat and beach access. Mr. Schmitt added that the county is exploring the purchase of2 potential sites for boat and beach access; ~$26million & ~$24million. Mr. Schmitt felt that this committee could review the costlbenefit analysis ofthese purchases. -The committee discussed concerns about the definition of "infrastructure requirements". Because this was part of the commission's charge, the committee decided to put this on the next agenda for discussion. -Doug Fee asked if the BCC had recently adopted a level of service for boat and beach access as a policy and then asked about how to fund this new policy. Mr. Schmitt explained that the LDC has two categories of services: category A and Category B. Category A's services are a level of service required by the state and Category B's are a level of service that the local government would like to see, but needs to find funding 16/1 (B7) sources for. These categories are reviewed annually in the AUIR Workshop. Mr. Schmitt felt that it would be a good idea for this commission to have a workshop on the AUIR. The county is looking at improving beach & boat access, median & landscaping improvements, differential cost of new utility lines, and drainage improvements. If approved, the county will look at franchise fees to pay for these improvements. -Bien Wallace added that they would be meeting with FP&L and Lee County Electric Cooperative later that morning. The county will try to negotiate a franchise agreement with the power provider. Mr. Wallace added that the providers want a "no compete clause" with Collier County, since some government entities are getting into the power business. FP&L was amenable to enter into a franchise agreement and they would like to cap the franchise fee at 5.<)0,/0, which will bring ~$llmillion into the county. Mr. Wallace added that this money could help to pay for some ofthe BCe's UFRs; Un-financed Requirements. _ Mr. Schmitt noted that another way to possible pay for the UFRs is through the general fund or by creating an MSTU, where the beneficiaries of the service are paying for it. Janet Vasey added that cost sharing policies should be considered as welL -Mr. Wallace stated that when one considers how much money is spent annually on right- of-way and right-of-way maintenance, one should also consider that the only revenue coming in from the people using the right-of-way are from the communications services tax. -Mr. Fee asked if they could spend TDC funds for bathroom and parking facilities, non- sand related uses, if approved by the voters. Mr. Schmitt informed him that 2/3 of the TDC funds go to the beach re-nourishment program and turtle monitoring. The other 1/3 of the funds is for tourism promotion. Mr. Wallace clarified that the referendum only set aside 1 penny for beach re-nourishment, but the BCC set it at 2/3 of the TDC revenue. Whatever is left is spent on tourism promotion and museums. Mr. Schmitt stated that it could probably be argued that some of the tourism dollars should be spent on restroom facilities, but it is a dividing line between tourism dollars or parks & recreation dollars. Mr. Schmitt added that they are considering amending the uses allowed for the fourth cent oftourism taxes in order to pay for additional advertising needs. Mr. Gibson explained that other counties have an option for a tourist high impact fee. Mr. 16/1'1i'1) ., Smykowski informed him that Collier County did not qualify for this tax. Janet Vasey asked if some of the tourist development taxes were being used for parking. Mr. Schmitt stated that this is currently in the courts. The committee discussed the beach & boat access shortage further. Janet Vasey and Mr. Fee felt that the shortage was related to growth and therefore could be handled through impact fees. Mr. Russell pointed out that many residents of Collier County do not use the beaches or the boat access points. He explained that the more the county provides services such as boat access for free, then the less demand there is for the private sector to provide these services. When the demand is low on the private sector, then the private sector will sell their properties to condos, etc... where there is a higher demand. Mr. Schmitt agreed that this commission needed to consider how much money the local government should be putting into these types of services. -Mr. Robinson asked for a list that discussed what it was that this commission was trying to fund. Mr. Smykowski provided the committee with copies ofthe UFR list that was created by the BCC as a list of public services wanted, but without funding. III. Review of Essential Public Services - Joe Schmitt -Stan Litsinger explained that Category A essential services are concurrency driven services; where the state requires that a particular level of service be met and maintained. Category A facilities are water & sewer, drainage, solid waste, roads (transportation network), and parks & recreation. Parks & Recreation includes community parks, capital facilities within the park lands, and the regional parks. Beach and boat access would be under parks and recreation, but there is no level of service required by the state for these services. Mr. Litsinger explained that Category B facilities are tracked with the AUIR, which they generally collect impact fees on, and there is some budgetary obligation on the BCC to fund these facilities, but they are not concurrency facilities. -Mr. Fee asked, in regards to the goals of this commission, which of the essential services is the county lacking in. Mr. Litsinger stated that the county is always on a year to year basis, because it is evolving so quickly. Mr. Schmitt added that this information would come up in the AUIR. He added that at the next meeting they will review last year's AUIR. 1 6 1 1 (By) -Mr. Robinson asked if the county was playing "catch up" more for their capital needs or their operating needs. Mr. Litsinger replied both, but generally relative to the operating side of things. Mr. Peterka added that it is both, because of the capital shortfall to support growth and the county is trying to play "catch up". IV. Finalize Commission's Overall Goal -Mr. Schmitt felt the commission should focus on current services, possible future services, and where does the county fmd the revenue to fund these services. Mr. Peterka felt that it was the commission's responsibility to look for additional sources ofrevenue, but the counties legislative and executive departments will determine the level of services. Mr. Gibson felt that their charge was to evaluate an equitable and balanced revenue stream to support the infrastructure and service delivery needs of Collier County. Mr. Gibson was concerned because, although it was out of their scope, they were only looking at Y2 the revenue stream that county taxpayers are required to pay; more than Y2 of the county property taxes go to levy the BCC education and the fife districts. -Janet Vasey noted that most of the county government services were being met and things are operating well. Therefore, she felt that the commission needed to be considering the margin and what the importance is of some ofthese items, (UFR's). -Mr. Schmitt reviewed the functions, powers, and duties of the commission that were listed in the ordinance; identify the infrastructure requirements, governmental services, & community needs of Collier County, explore private and public revenue sources to meet these needs, and submit the findings and recommendations to the BCC. -Mr. Robinson asked ifthe BCC was primarily looking for how to fund the UFR's or are they looking for how to fund infrastructure. Winona Stone stated that the UFR list was created after this commission was created. Mr. Schmitt added that the UFR list was a good representation of where the county manager found compelling needs with no funding sources. -Janet Vasey stated that this commission also needs to look to the future and fmd what kind of revenue sources the county can have "in our hip pocket" when serious funding problems arise. Janet Vasey added that the current discussion is what they will need to consider when creating the goals of this commission. 1611 (67) * At this point the commission approved the minutes for July 8, 2003 and elected a Chairman and Vice Chairman before returning to the creation of a goaL -Mr. Gibson suggested a "generic" goal: "The purpose ofthe commission is to evaluate an equitable and balanced revenue structure that will support the infrastructure and service needs of Collier County." -Mr. Fee requested that the departments involved with the Essential Services put together a list of areas where they see future problems with funding sources. Mr. Schmitt explained that staff does this through the annual budget and the AUIR. Mr. Schmitt noted that he will bring last year's AUIR report to the next meeting. -Mr. Mangan asked if the needs that were not being met, without funding sources, were only in the parks and recreation services. Mr. Litsinger replied that there are other valid needs of the county that are not being met or even presented on the budget proposal due to the lack of funding; these items deal with the community character. Mr. Schmitt stated that the main item under parks and recreation was beach and boat access. -Janet Vasey stated that they needed to create a list of funding sources that is based on priorities; a list that includes when a funding source should and should not be used. -Mr. Russell believed that the commission should give the BCC a list of what the current funding is, what the potential funding is, what is supported by the public, and legally acceptable within each category. V. Approval of Minutes - July 8, 2003 -Mr. Fee and Mr. Gibson should be added to the Members Present list. -Janet Vasey noted that on the 3rd page under resolution #3, "sunshine" should be replaced with "sunset". * After a Chairman and a Vice Chairman were elected, the commission approved the minutes. -Mr. Russell made a motion to approve the minutes as corrected. It was seconded by Janet Vasey. The motion passed unanimously, 9-0. VI. Election of Chairman and Vice-Chairman 1611 (B7) -James Gibson stated that he thought over the nomination and if the goal of the commission was to examine the revenue streams available, then he would accept the nomination. Mr. Gibson stated that for unfunded budget requests, he did not want to see the commission become a budget entity. Mr. Schmitt agreed. Mr. Gibson added that he had no desire to be the long-term chairman but he would accept the position in the interim. -Janet Vasey made a motion to elect Mr. Gibson as the Chairman. It was seconded by Doug Fee. The motion passed unanimously, 9-0. -Mr. Gibson is the Chairman of the Revenue Commission. -Mr. Mangan stated that he thought over the nomination, but he did not feel that he had the time to serve as the Vice Chairman. -Mr. Mangan made a motion to elect Mr. Fee as the Vice Chairman. It was seconded by Janet Vasey. The motion passed unanimously, 9-0. -Mr. Fee is the Vice Chairman of the Revenue Commission. VII. Schedule Next Meeting _ The commission agreed to hold these meetings monthly for two hours at a time. -The commission will meet the second Wednesday of each month at 9:00am in Conference Room "E" of the Development Services Building; 2800 North Horseshoe Drive. * After the commission finished their discussion on the commission goal, they discussed the topics ofthe next meeting's agenda. -Mr. Gibson asked to see something that shows the reserve levels for all fund balances. Mr. Schmitt noted that a lot ofthe reserved funds were already dedicated funds. Mr. Gibson stated that the more dedicated funds that there are, then the more the reserve funds go up. He questioned the possibility of legitimately combining revenue streams to remove some of the efficiencies. Mr. Schmitt stated that he followed this and he would bring the information to the next meeting. -Mr. Gibson asked to see what the dollar amount is for 2004 that Collier County will lose because of state action and that the number be qualified in loss of freedom of action. 1611"~1) Winona Stone stated that they are trying to figure this out. Mr. Schmitt stated that he would invite Jim to the next meeting. -Mr. Mangan requested that the BCC read the minutes from the revenue commission on a regular basis so they can be pro-active instead ofre-active. Mr. Schmitt stated that he would see that they get forwarded to the BCC. -Mr. Schmitt added some items to the agenda for the next meeting: briefing on essential public services, overview of impact fees and their upcoming adjustments, a list of reserve funds, request Jim Mitchell to speak on the impact of article 5. VIII. Adjournment -There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 11 :33AM. Collier County Committee ETC. ETC. Chairman (James Gibson) Fiala Halas Henning Coyle Coletta 1611 @1) REVENUE COMMISSION Conference Room "E" 2800 N. Horseshoe Drive, Naples Florida 9:05 AM September 10, 2003 LET IT BE REMEMBERED, that the Revenue Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Conference Room "E" of the Development Services Building, Naples, Florida, with the following members present: Members: Douglas Fee James Gibson Theresa Nelson James Peterka Clark Russell Janet Vasey Clive Walcott Carol Girardin (left at 11:05) Mayme Dembecki Matthew Hudson Joseph Moran Collier County Staff: Winona Stone, Joe Schmitt, Mike Smykowski, Stan Litsinger (left at 10:48), Susan Rossi, Dwight Brock & Jim Mitchell (left at 10:03), Denny Baker, Amy Pattersen (~g.~!etL~t~10:15), Paula Fleischmann, . __ \ _ \ Date:~O~ Itc.m# }LRl:rt) I ~I To- v, ---, - 16' 1 (B 7 J -The meeting was called to order at 9:05 AM. I. Review of Impact of Article V on the County - Dwight Brock and Jim Mitchell -Dwight Brock stated that article 5 ofthe Florida Constitution deals with the judicial branch of the state government. The costs associated with the state attorney's office are found in Florida Statute Chapter 27. This predominately relates to the cost of the non- personnel related office needs of the State Attorney's Office. The county governments have the obligation of paying for these costs. Mr. Brock explained that although this does not seem to involve much money, in actuality, it involves a large amount of money. Mr. Brock listed and discussed some of the specific costs associated with this county obligation. It costs approximately two million dollars to run the County Clerks Office and its court functions. Mr. Brock then reviewed some of the specifics that made up this two million dollar cost. The current legislature has decided that the County Clerks Offices' will now be responsible to pay for all of the data processing requirements, whereas in the past, they only had to pay that portion of the operation costs related to the county courts. The funds to pay for these services come from the collection of fmes and that portion of money that goes to the county; fine and forfeiture funds. Any ofthe costs remaining to run the responsibilities of article five within the county becomes the responsibility of the county and comes out ofthe general ad valorem taxes. Historically, Collier County has never been able to generate the revenue necessary to provide the funding for these services solely out ofthe fine and forfeiture fund; a portion of general ad valorem taxes has always been required. With the change in article five, there will be a tremendous amount of costs associated with running article five that will be left with the BCC. Mr. Brock explained some ofthe particulars costs that will now be the responsibility of the county. In addition to the new costs associated with article five, the legislature has taken some ofthe sales taxes away from the county. At the end of this year, any revenue generated by the clerks office that was not spent by the clerks office will revert to the general fund of the county. The fme and forfeiture money can only be spent on the functions associated with article five. At the end of the year, any ofthese funds remaining will revert to the BCC general fund. Collier County usually turned _...-..--'~'" ....;.__._----,_.~. 1 6 , l(B~ ~$2million over to the BCC at the end of the year. This money will now go to the state of Florida instead of Collier County. The only way to correct this new problem is to change the new legislation. Mr. Brock explained that the new legislation also states that at the end of every month he must turn into the Clerks Office Trust Fund, for use by other counties, 1/3 of his office's gross revenue of the previous month. One major complication that Mr. Brock noticed was that this money, which is due on the fifth ofthe month, when removed could leave him with no money to budget payroll ifthe payroll comes on the sixth ofthe month, etc... Mr. Brock summarized that article five will not save Collier County money and it will negatively affect the county. Because the counties receiving money from this new trust fund are only the counties in deficit and Collier County will actually become a "donor" county for others in the state. Beginning on November 1, 2003, the Collier County Clerks Office budget will be approved by a conference that is made up ofthe clerks from Dade County, Broward County, Orange County, Hillsboro County, Lake County, Union County, GolfCounty, Columbia County, and a judge from the ninth circuit. In addition to these changes, Mr. Brock's budget in the coming year can be no more than 3% of what he spent last year. -Janet Vasey asked how much money the county would be short next year after this new legislation is in place. Mr. Mitchell explained that they are currently trying to figure out what the true fiscal impact on the county will be. He expects to have a solid number within 2-3 weeks and will provide this number to the committee for their review. Mr. Brock added that things are complicated since the governor signed this change into legislation five days before the counties were to implement the changes; the effective date. -Clive Walcott asked if the conference could increase or decrease the budget that Mr. Brock will be submitted to them. Mr. Brock explained that the conference will now fix his budget; he only sends them a "proposed budget". Because Mr. Brock's budget cannot exceed 3% of what he spent the prior year, in two years he will not be able to hire people in the Clerks Office of Collier County. The legislature does not factor in growth or cost ofliving. Mr. Brock also explained that this legislature actually acts as an incentive to spend money. Now that Mr. Brock has empirical data to show the effects of this legislature, he can prove the negative effects that it will have on the county. 1611(&7) III. Review of Essential Public Services and 2002 Annual Update and Inventory Report (AUIR) - Joe Schmitt and Stan Litsinger -Stan Litsinger, Comprehensive Planning Manager, provided the committee with a CD copy of the report, (not provided to the court reporter), and a summarized handout of the report. Mr. Litsinger explained that the overall amount of money being discussed in the AUIR was ~$1,000,000; $983,510,036 in recommended project costs for FY 03-07 and $983,510,036 in recommended revenue. The AUIR affects two very specific requirements that do not have any latitude. One ofthese aspects is to provide adequate public facilities; Parks & Recreation, Solid Waste, Drainage, Roads, and Water & Sewer. The second requirement is that a level of service standard must be obtained with a fmancially feasible capital improvement plan. Then, revenues must be identified to balance the capital improvement plan and they must be revenues currently available to the BCC and which may be available to the BCC and has not been rejected by referendum. Mr. Litsinger then reviewed the recommended projects costs and recommended revenues for FY 03-07 with the committee. He also noted where funds were available for the recommended project costs and where funds were not currently available. Mr. Litsinger explained that Category A facilities are the five previously mentioned facilities that are statutory concurrency facilities; the county must be able to demonstrate through a concurrency management system that they have maintained and will be able to sustain the adopted level of service. Category B facilities are related to other important provisions of services that the board wants to provide and they are usually linked to impact fees; policy binding on the budget, but not statutory binding. Mr. Smykowski added that ifthe Category A facilities do not maintain their level of service, then a moratorium is enacted, but this is not so with Category B facilities. On Page 50fthe handout, Mr. Litsinger explained that they were presenting the AUIR information in a summary form that points out the "decision points" for the BCC. The most key facility in last years AUIR was roads, which was summarized on Page 5. Mr. Litsinger reviewed this with the committee. Mr. Litsinger pointed out that Collier County has the highest impact fees in the state of Florida and the lowest milage rate. 1611@7) On Page 16 of the handout, Attachment "D", Mr. Litsinger discussed that a lot of "balancing figures" and the funding to pay for the new facilities are being put on those building new properties; increase in road impact fees and school board impact fees. Mr. Smykowski pointed out that the concern is what would happen to the recommended revenue stream if the growth slowed; if impact fees do not gain revenue because of a slow in growth, then expected project completions will move into the outer years. Mr. Litsinger referred to a graph that was on the CD, "Capital Facilities", which illustrated how they relate revenues to what they need to do; the population facility demand factor is graphed against the programs, the facilities proposed in the five year plan, and the proposed revenues. Page 32 of the handout is what becomes adopted by ordinance; adopted into ordinance for the 2002 AUlR. Mr. Litsinger added that there is always a new search for new revenues that are not associated with ad valorem taxes. IV. Review of Collier County's Impact Fees - Amy Patterson -Amy Patterson and Denny Baker used a slide show presentation to discuss Collier County's Impact fee program, (a copy ofthe slide presentation was provided). Slide 1: -Collier County currently has 10 impact fees that may be assessed to residential construction which are as follows: community parks, regional parks, library, school, road, EMS, jail, fife, water and sewer. _ There are currently 5 different impact fees that may be assessed to commercial construction as follows: road, EMS, jail, water, sewer and fire. -For projects requiring a SDP or Final Plat, 50% of the estimated transportation impact fees are paid prior to the approval ofthe local development order. -Carol Girardin asked if most counties had the same number of impact fees. Amy Patterson informed her that it varies county to county. Slide 2: -Currently the county utilizes indexing methodology to update the parks and recreational facilities impact fees and the road impact fees in the years between the formal three-year required updates. 1611 (B7) _ The indexing methodology is based on set formulas, established by the county's contracted consultants, that utilize such variables as the CPI, changes in Just Value of real property, constructions costs, etc... -Indexing ofthe Parks rates in 2003 resulted in a 3.2% increase above previously adopted rates and the proposed road impact fee indexing equates to an average increase of9.5%. Slide 3: -Currently, EMS, library, jail, school and fife impact fees are in the formal (3 year) update process. Formulas for indexing will be developed for each of the (above) fees as part of the scope ofthe studies. -Additionally, NEW impact fees are being developed to provide funding for law enforcement and general government buildings. -2004 is the formal update year for the consolidated impact fee ordinance. -Water and sewer impact fees are being reviewed and adjusted annually. -Mr. Baker pointed out that there are two, new impact fees, law enforcement and general government buildings, which will go forward in December 2003. -James Peterka asked if the new impact fees would be in the up-front category. Mr. Schmitt stated that they would not, only the roads. -Mr. Baker noted that the entire impact fee collection process and the legalities of it are based on the county ordinance, which is up for a formal update next year. Slide 4: -Quarterly reports on impact fee collections: -Useful tool to analyze trends in impact fee collections and expenditures. _ Provides accurate information for budgeting. -Provides indications of other economic trends, such as changes in the building industry, etc... -Update of administrative procedures manual -Incorporates administrative and policy changes. -Provides written guidelines for the policies and procedures for impact fee assessment and administration. 1611lD7) -Mr. Baker noted that collections for the first three quarters of this fiscal year are 11 % below what they were at this time last year. This decrease is because of a decrease in single family-units, affordable housing deferral agreements, and multi-family units, "year to year". Mr. Baker added that the road impact fees are collected by district and they can only be spent in the district that they are collected in or an adjacent district. Mr. Gibson asked ifthey could consolidate some of the districts to allow for more flexibility. Mr. Schmitt stated thought that it could be possible, but it probably would require an ordinance passed by the board. Amy Patterson added that they have done this in the past. -Mr. Baker then reviewed a graph with the committee that provided an impact fee comparison and property taxes, (2,000 square feet, 3BR, $250,000 Single Family Homes was used as the comparable), between all applicable counties. For a different view at the next meeting, Mr. Baker added that he will stack the property taxes on the impact fees and re-rank the counties on the graph. Slide 5: -Listed examples of impact fees assessed for a 2,000 square foot single-family home. Slide 6: -Listed examples of impact fees assessed for a 5,000 square foot retail building. Slide 7: -Listed examples of impact fees assessed for a 20,000 square foot office building. -Also included in the packet was a schedule that estimated all of the impact fees; where they were in terms of updating them. V. Overview of current status of Reserves in the County's budget as analyzed by Funds - Mike Smykowski -Due to time constraints, Mike Smykowski's presentation was moved to next months meeting of the Revenue Commission. Mr. Smykowski handed out a packet of information for the committee to review in the mean-time. 1 6' llt) 7 ) VI. Finalize Commission's Overall Goal -Mr. Gibson felt that the generic, overall purpose of this commission was to evaluate an equitable and balanced stream or sources of revenue that would adequately support both the infrastructure and the ongoing operation requirements of the county. -Mr. Moran asked about attention to unfunded needs. Mr. Gibson felt that this could be added if it was the desire ofthe committee. -Mr. Russell felt that their goal should be to create a deliverable project for the commissioners, which identifies revenue streams and where the public support is. Mr. Russell believed that this information would be best presented as a spreadsheet. He felt that the template should list the viable revenue streams, measure the application and legalities ofthese revenue streams, and measure the public's support of them and where they want the money spent. -Mr. Hudson agreed with this, but also believed that the committee should give consideration to unfunded needs. -The committee directed staff to draft language that related Mr. Russell's thoughts on the Revenue Commission goal. At the next meeting, the committee will discuss this further and vote on the matter. Staff agreed to draft the language. VI. Approval of Minutes - 8-13-03 -On page four, fourth sentence down the words "could be handled through impact fees", were corrected by Mr. Fee to read "might be handled through impact fees". Janet Vasey did not object to this change. -Mr. Clark made a motion to approve the minutes of8-13-03 as amended. It was seconded by Mr. Walcott. All were in favor of the motion; the motion passed unanimously. -Mr. Fee encouraged people to go the BCC Franchise Fee workshop on September 30, 2003 at 9am in the BCC chambers. 16 I 107) V. Adjournment -Janet Vasey made a motion to adjourn. It was seconded by Mr. Hudson. All were in favor ofthe motion; the motion passed unanimously. _ There being no further business for the good ofthe County, the meeting was adjourned by order of the Chair at ~11:20AM. I Collier County ee.~ ~ QM)..)L ~l ~SWV' ~ , ,IIfIY , ....... Radio Road Beautification M.S.T.U. Advisory Committee 2705 S. Horseshoe Drive Naples FL 34104 1611CM) October 2~ 2003 AGENDA L CALL MEETING TO ORDER: II. ATTENDANCE: ID. APPROVAL OF MINUTES: September 16, 2003 IV. APPROVAL OF AGENDA: V. TRANSPORTATION SERVICES REPORT: A. Budget Report VI. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report B. Devonshire Irrigation VII. COMMITTEE MEMBERS REPORT: VIII. OLD BUSINESS: A. Progress Report on Devonshire B. Water Tower Landscaping C. Update on extension of Livingston Rd median beautification IX. NEW BUSINESS: X. PUBLIC COMMENTS: XI. ADJOURNMENT: The next meeting wiU be held at 4:30 PM, Tuesday, November 18th, 2003 Collier County Dept. of Transportation Road Maintenance Office 2705 South Horseshoe Drive Naples, FL 34104 16 11 ~8J FLORIDA DEPARTMENT OF TRANSPORT A TION COLLIER COUNTY DEPARTMENT OF TRANSPORTATION STUDY NAPLES, FLORIDA DATE: 5/8103 COLLISION DIAGRAM LOCATION: Radio Road (CR 856) @BerkshireCommons/CountrysidePlazas PERIOD: 1/1/02 - 12/31/02 Street: Berkshire Commons Street: -.J- I t 1-'. 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(\") N- It) ..-.. 0000000 0000000 cicicicicicici 000 00 "<t100 (ON N N r--:ci 0> T'"" ON (\") N- W ..J I- i= w :;) z w > w ~ W :::> z W ~ [ij ~ ~~..J~ ~1- :20~~ wI-W4: :2 1-~()Z:2 W cnoWW- ~ W..J::J<9~ o ~4:0'W ..J W>()Clu. ;;~~~~~o Clcnl-I-I-$~ 4:IZZI~1O I-I-WWI-OW zcn:2:::>cnu.> wWI-OW>-i= ~~cnz~~4: ~WW:JW~<9 :::>1->wl-4:W ()~~Cl~()Z 0000000 Ol'-CX)ONOO T'""T'""T'""N(\,,)NO> T"""'T"""'T"""'~..-(j)0> T'""(O(OT'""(OCX)CX) (\")(\")(\")(\")(\")"<t"<t 1000101000 "<tCX)CX)"<t"<tT'""T'"" 1000101000 NO>O>NNO>O> (OCX)CX)(O(OT'""T'"" T'""O>O>T'"" T'""O> 0> 161 l'~B) o o o o M N en It) ~ <( :!: :!: :;) en w :;) z w > W 0::: . Radio Road Beauti,wion ~1. ~ Advisory Committee Halas 2705 S. Horseshoe Drive Henning ~ Naples FL 34104 Coyle / Coletta 1611 ~B) September 16, 2003 I. Crystal Kinzel called the meeting to order at 4:30 PM. ll. A TIENDANCE: Members: Crystal Kinzel, Susan Saum, Dale Lewis, Helen Carella & Bill Jaeger - Excused. (Note: Bill is excused from the Aug. 19th meeting). County: Bob Petersen & Val Prince - Landscape Operations Others: Robert Kindelan-CLM, Sue Chapin-Manpower Services III. APPROVAL OF MINUTES: August 19,2003 Page 3-last Par. Should read Dale Hannula - Hannula Landscaping. Dale moved to approve the Sept. 16th Agenda and Minutes of August 19th, 2003. Seconded Susan Saum. Carried unanimously 3-0. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report - Val handed out the Budget sheets. The invoice for the bricks from Commercial Land Maintenance is not in yet. Starting new fiscal year-October 1st, maintenance costs will only include Devonshire. V. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report: - Bricks are in, sanded, and concreted. _ He will pick-up barricade left at Bank intersection - Plant material finished _ Ficus Green Island is drought tolerant installed at Sunny Hills entrance. _ Santa Barbara Intersection looks nice - but needs sand again _ Pink Mullee Grass transplanted - not looking good - will trim _ Bougainvilleas - trim various ones this week _ Thryallis and Magnolias - trim now before season, so as not to get leggy. B. Plantings & Pavers - covered above. C. Devonshire Irrigation - major conflict with utilities - using part of the existing system - replacing new parts (heads, wires, valves, etc.) Discussion followed on the work that will be done with the pipe, sod cutting in front of the sidewalk, new water source, hooking up to it's own clocl~"aIld~m try to stay on schedule. (End of October)'" \...0.J. VII. OLD BUSINESS: O;'tte: G-\-:;J ()~ \~\~o VI. COMMITTEE MEMBERS REPORT: None 1 16 I 1 CBs) A. Update on Devonshire Survey Date - trees are in the right-of-way on both sides of Devonshire. Diane Flagg had a meeting with the Attorney and Michelle Arnold/Code Enforcement. Val does not have the results at this time. The hedge will be maintained by the County. The Committee viewed a large aerial map of the area. Water Tower on Radio Road - Bob stated Utilities are supposed to be landscaping it. Crystal will contact Pam Libby (Water Dept.) for information on what is being done and who to contact on the landscaping for the Water Tower area. Bus Shelters and their locations on Radio Road were discussed. B. Berkshire Plantings Approval Update - Irrigation not yet installed. Planting selections pending, also need answer from Norm Feder on curb changes - when? C. Accidents Reported at Radio Road Intersection - Bob gave a handout from FDOT to the Committee of a Collision Diagram of Radio Road @ Berkshire Commons/Countryside Plazas. (Attached) There were a total of 14 accidents, with 1 injury from Jan 1st-May 15th, 2002. A pork chop will be part of the future Santa Barbara construction. The Committee questioned the ongoing use of "Pork Chops" and "U-Turns". D. Update on Devonshire Roadway & Improvements - discussed earlier. Bob will ask Michelle Arnold from Code Enforcement to attend the next meeting addressing the Devonshire plantings and buffering with the Berkshire Lakes developer, Mr. Higgs. VIII. NEW BUSINESS: _ Crystal asked about the final decision of the Extension of Livingston median Beautification south of Golden Gate Parkway. Will it include the median all the way to Radio Road? Bob and Val mentioned they are having a meeting concerning the issue. The concept should be Radio Road and north. Briarwood residents have been paying into the Radio Road MSTU and no reason they should not have landscaping along that particular area of narrow median on Livingston Road. The Briarwood residents need to speak up in favor of funds for this project. A lengthy discussion followed. IX. PUBLIC COMMENTS: None X. Being no further business to come before the Committee Susan Saum moved to adjourn. Seconded Dale Lewis. Meeting was adjourned at 5:30 PM. The next meeting will be held at 4:30 PM, Tuesday, October 21st, 2003 Collier County Dept. of Transportation Road Maintenance Office 2705 South Horseshoe Drive Naples, FL 34104 2 ,J / 1611 CEf1) Fiala Halas Henning Coyle Coletta IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE SUMMARY OF MINUTES FOR SEPT. 17,.2003 III. Approval of Minutes: Dorcus moved to approve the May 21st and July 16th minutes. Seconded Cherryle Thomas. Carried. IV. Transportation Services Report: Budget - Val Prince handed out the Budget Sheets, The Committee discussed more simplicity of the Budget so they can all understand it. Val will give them separate sheets for the Triangle and mark items that are paid by MSTU & MSTD. Accident monies have been deposited into the Lighting Maintenance Line Item Account. New Budget sheets will be given out at the October meeting for the Fiscal year 03/04. The Committee would like to continue north with improvements which would include lighting, sidewalks and landscaping. Cherryle Thomas moved to order Banners to replace the old ones missing long with Cornucopia and Christmas banners for the Triangle, light poles and extras for replacement when necessary. Seconded Dorcus Howard. Carried unanimously 3-0. Sharon Tims moved for McGee & Associates to submit a proposal for scope of services for street lights from 9th street to the Triangle, sidewalks, landscaped boulevard and to remove the Cobra lights. Seconded Dorcus Howard. Carried unanimously 3-0. v. Landscape Architects Report: Mike McGee & Assoc. A lengthy discussion followed on the pros and cons of a fence; costs, colors, height and getting permission from the State and County Attorney. It would be place in the widest parts ofthe median to eliminate destroying plant material. VI. Old Business: ' . .- ., r,' Cherryle Thomas moved to have the County order 5 Foxtair:p.tois'lo be kept in reserve for replacements when necessary. S~oq~ed I d 1-- 'l,,",r;~ Sharon Tims. Carried unanimously 3-0. t c. \.8. _..._4\.L..-... I LcL=t)'-~~ 1 ...;..;" "10: it';." 1611 (Sq) F. Easements: Val showed the Committee a map of the area. After much discussion he suggested the Committee draft a letter to be sent to the property owners for a 6 foot easement for maintenance of the landscaping in the front. A meeting can be set up for explaining what it entails and that their building rights will not be affected. 2 1611 (Bq) IMMOKALEE BEAUTIFICATION l\;1.S.T.U. ADVISORY COMMITTEE !VI i n utes September 17,2003 I. Meeting was called to order by Sharon Tims at 4:00 PM. Sharon stated that Rita Avalos is excused due to working in Fort Meyers. Rita asked if the meeting time could be changed. II. ATTENDANCE: Members: Sharon Tims, Dorcus Howard, Cherryle Thomas, Rita Avalos- Excused. Comer County: Bob Petersen- Landscaping Operations, Val Prince- Landscape Operations, Rick Torres, Phillip Salinas & Cristina Perez-Code Enforcement. Others: Brent Bixby-Commercial Land Maintenance, Mike McGee- McGee & Assoc., Sue Chapin-Manpower Services III. APPROVAL OF MINUTES: Dorcus moved to approve the May 21 at and July 16"', 2003 minutes. Seconded Cherryl. Thomas. Carried unanimously 3-0. IV . TRANSPORTATION SERVICES REPORT: Val Prince handed out budget sheets (Attached). He covered the Revenues. He mentioned they have collected a total of $3,585.40 for the accidents pertaining to the lights that have been hit. Those funds have been deposited in the Lighting Maintenance Line Item Account. New Budget sheets will be given out at the October meeting for the new Fiscal YeGr 03/04. Cherryl. Thomas would like the Budget simplified. Bob mentioned it is a complicated Budget and have simplified as much as they can.oSharon Tlms suggested if a Line Item is not used one month, leGve it 1 off, and just show the expenses that month. Those paid by MSTU 1 6 I .1" and MSTD to be marked. If the Committee has questions on Budget figures they can call Bob or Val at their offices for an explanation at any time. There are individual sheets on the Triangle expenses. Approx. $176,000 has been spent. Val will provide the Committee with back-up sheets for the Triangle expenses. Having the lights in a separate budget and grant money waS discussed. They would have to check the grant items to see what funds were expended for what particular items. Cherryle would like to see the lights extended. A meeting is set up with Bryan Dennis, State Landscape Architect, in early October and Bob will check on the expenditures at that time. Val and Bob continued to explain the expenditure figures of the Triangle to the Committee. (Bq) Phase lIB & III will cost $7-8,000 with $300,000 being State Grant money. Mike McGee stated they are working on the plans and have the new aerial for Phase II with the layout of the sidewalks and should have a set of plans by November. State money becomes available next year and the MSTU will then have enough money in reserveS to continue with the projects for next year. If the MSTU falls short, the funds would be rolled into the next Budget year for 04/05. Mike asked the Committee if they wanted to continue north from Main to the Triangle. The Committee felt it would add beauty to the City. The sidewalks, changing the lights out, poles being hit and banners were discussed. Some poles do not have banners on them. Cherryl Thomas moved to order Banners to replace the old ones missing along with Cornucopia and Christmas banners for the Triangle, light poles and extras for replacement when necessary. Seconded by Dorcus Howard. Carried unanimously 3-0. Bob and Val gave further breakdown of the expenditures. Sharon Tims moved for McGee & Assoc. to submit a proposal for scope of services for street lights from 9th street to the Triangle, sidewalks, landscaped boulevard and to remove the Cobra lights. Seconded Dorcus Howard. Carried unanimously 3-0. 2 v. 1611 TRANSPORTATION MAINTENANCE REPORT: Brent Bixby - elM - Irrigation leaks - Planter 23 - will fix. - Medians have been mulched. - Will replace some Foxtail Palms. - 2 Benches need painting - planter 23. - 5th & Main- Banner loose on pole. (6Cl) VI. LANDSCAPE ARCHITECTS REPORT: Mike McGee/McGee & Assoc. _ Discussed the plant material for the MSTD to replace. Need a more suitable plant. - Many plants missing in the median which is happening quite often and goes back to his original idea of placing a low decorative chain-link fence. It would discourage walking in the area even though they can walk over it. _ A lengthy discussion followed on the pros and cons of a fence; costs, colors, height, and getting permission from the State and County Attorney. Mike will ask Bryan Dennis when they meet with him in October. Placing the fence would be done in the widest area of the median. Mike will investigate it further and bring information back to the Committee. VII. OLD BUSINESS: A. Immokalee Triangle Update - The County will meet with Bryan Dennis from the State concerning site lines and possibly removing some limbs. They will discuss if it is a design or landscape problem. Foxtail Palms were also discussed. Cherryle Thomas moved to have the County order 5 Foxtail Palms to be kept in reserve for replacements when necessary. Seconded Sharon Tims. Carried unanimously 3-0. B. Ribbon Cutting Ceremony was a Success C. Extending MSTU Boundary - Bob will report at next months meeting as he needs a response from Legal Services. D. New Member - Sharon mentioned she has someone interested in becoming a member of the MSTU Committee - an application will be sent to her. E. Code Enforcement Issues: Three new Code Enforcement employees attended the meeting - Rick Torres, Philip Salinas and Cristina Perez. Rick discussed several concerns in the area; 215 W. Main St. - Replacing Palm, pavers, drainage ditch, and sewer. The sewer is maintained by Commercial Land Maintenance and they will clean it out. Philip Salinas was introduced replacing Evelyn Claudio - Housing. Initiative. He discussed putting out notices and explaining to property 3 1611 (59) owners about having addresses on their homes and both sides of their mailboxes in case of emergencies. Soda machines/vending machines by the old theatre waS discussed. There are problems with cars and other caseS concerning the Bentley Apts. The Landscaping Code was discussed and wondered if it waS relaxed for the Immokalee area. If not, the Ordinances need to be enforced. Rick stated the Community needs to agree with the Codes, cooperate and help enforce them - he stated it has been very difficult. F. Easements - Val showed the Committee a map of the area. After much discussion he suggested they draft a letter and send out to all the property owners indicating to them that the MSTU is trying to compliment the median improvements and by them providing the easement in front, the County would take over the maintenance for them. The County Attorney would have to be contacted. It would allow the contractor to go onto the property (6 foot easement) on both sides of the hedge so it can be pruned, trimmed, fertilized and mulched. Their building rights will not be affected. The Committee would like to send letters for 846 and Main Street. A meeting could also be held with the property ownerS to explain what the MSTU & County is trying to accomplish - if no responses, the Ordinance will need to be enforced. Sharon is concerned about the responses and time frame it may take before something gets done. Mike McGee commented that because of the way it is developed in that area, the best alternative is to have control of the Landscaping for better maintenance of the hedges or any other plant material. Val mentioned in some areaS the right-of-way extends beyond the sidewalk with a hedge and variouS trees and screens the view. [)orcus stated the County should draft a letter for their review and/or changes. Val mentioned to have the Chairman sign the letter and insert a current list of the Committee members with the letter for the property ownerS to contact them if they so wish. NEW BUSINESS: None XI. PUBUC COMMENT - Phillip Salinas asked about the beautification of homes in having the MSTU donate the paint and the homeowners paint their homes themselves. 4 16'1. Bob mentioned the current Ordinance would not allow it and the County is hesitant to do improvements on private property. He suggested contacting some of the Charities for such a program. ****PLEASE NOTEAAU The next meeting will be on Wednesdav. October 22nd at 4:00 PM. Being no other discussions the meeting adjotrned at 5:50 pm. The next meeting will be held on Wednesday. October 22nd. 4:00 PM At the Immokalee Community Park 321 First Street South Immokalee, FL 5 (Bq) 1611 (e/t) IMMOKALEE B.:AUTIFICATION l\1.S.T.U. ADVISORY COMMITTEE AGENDA October 22. 2003 I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVALOFAGENDA IV. APPROVAL OF MINUTES: September 17, 2003. v. TRANSPORTA nON SERVICES REPORT: A. Budget - Val Prince 1. Fiscal Year 03/04 Budget 2. Reimbursement of Banners to CLM (Chamber) VI. TRANSPORTA nON MAINTENANCE REPORT: CLM VII. LANDSCAPE ARCHITECTS REPORT: Mike McGee A. Proposal for Street Lights B. Phase lIB & III vm. OLD BUSINESS: A. Immokalee Triangle Update B. Banners C. Extending MSTU Boundary - Bob Petersen D. New Member E. Code Enforcement Issues F. 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Wi I~ i .' $ lK; e8i< 00 00 00 10 o o o 6~~~66g6666bb 0000000000000 01 .W 0> U1 m~ -0) o 0...... 0 6 b 6 b 6 b g..g; 6 b 6 b b 0000000000000 > "'S:1ll gmc: ",Zo NOG} OS:m S!l1-1 -I m '" Z 0.,,0 OcC: ,:",zS: ~~lll S ~ o "'Ill > g>"o ~S:~C:! oZo> S~ ' > '" < g~~ ':"'zS: 10 o III ~lilr;:; ~ o Q) U o ~ ~ ;0 Q) 10 ~ o~ ~~ g.ff ~ I:l:l l:l N '" '" c:::. l:l ~~~. S ~S'?-t3 ~~~. ~ :5;-iiO\ w;:t~ O'cn ~~ :51:l:l w~ ~ '" .... FISCAL YEAR 2002-2003 1611(Bq) Vendor I Contractor: E. B Simmonds PO #: 312404/New 4500002151 Fund Number: 156-162723-646451-66072 Lighting Maintenance Budgeted Amount: $33,000.00 Revised Budget 53,000.00 Invoice Date Description of Services I Materials Adjustments Invoice Amt Balance on PO 29-0ct-02 Original Purchase Order $10,000.00 22-0ct-02 Inv. 13350 Light Pole & Build, Install Med 7B $994.40 $9,005.60 22-0ct-02 Inv. 13337 Repair Liqhts & Paint Pole #1 $2,685.00 $6,320.60 30-Nov-02 Inv. 13443 Replace ballast pole # 32 $783.00 $5,537.60 13-Nov-02 Inv. 13411 Replace Light Pole 1 B on CR 846 $2,724.00 $2,813.60 and 1 A on SR 29, check other Iiqhts & $2,813.60 Repair 42 $2,813.60 2-Dec-02 Inv. 13474; Trouble Shoot and Repair $190.00 $2,623.60 Damaged Pole #35 $2,623.60 16-Dec-02 Inv. 13473; Remove Damaged Pole 2A , $830.00 $1,793.60 Replace Base for New Pole When Del $1,793.60 31-Dec-02 Inv. 13492; Troubleshoot and Repair $1,208.00 $585.60 Underground by Pole #32 $585.60 PO Increase $23,000.00 $23,585.60 11-Feb-03 Inv. 13541; Troubleshoot Circuits for $1,392.00 $22,193.60 Streetlights on SR 29, Repair Pole 20, $22,193.60 Pick-up 1B on CR 846 $22,193.60 14-Mar-03 Inv. 13591; Troubleshoot & Repair $2,411.00 $19,782.60 Under Ground on SR 29, Repair Short $19,782.60 Between Pole 26 & 24, Install Handhole, $19,782.60 Repair Overhead Lights 47, 44, 42, 33, $19,782.60 24, 34, 1 $19,782.60 $19,782.60 27-Mar-03 Inv. 13622; Receive, Build, Install Poles $2,949.00 $16,833.60 1B, 2A, 2B, Chip Old Base Pour New $16,833.60 Base for Pole 4B $16,833.60 10-Mar-03 Inv. 13645; Trouble Shoot & Repair $410.00 $16,423.60 Blue Lights No. Side SR 29 $16,423.60 30-MaY-03 Inv. 13724; Troubleshoot & Repair $1,727.00 $14,696.60 Imm. Street Lights Poles 20,29,32 & 40 $14,696.60 30-May-03 Inv. 13727; Move Pole Locations for $4,781.80 $9,914.80 Street Liqhting Poles 1A, 1B, 2B, & 4B $9,914.80 Chip Out Old Base, Move Pipe Work, $9,914.80 Pour New Base & MOT $9,914.80 13-Jun-03 Inv. 13732; Picked-up Pole #10 710 Main $1,218.00 $8,696.80 Street, Install New Pole $8,696.80 24-Jun-03 Inv. 13743; Repair Overhead Lights $2,773.00 $5,923.80 #44,38,12,2,1,21,23 &31 Hiqh & Low $5,923.80 1-Jul-03 Budqet Increase $20,000.00 $25,923.80 21-Jul-03 Recovery Check # 119078874J $1,195.40 $27,119.20 31-Jul-03 Recovery Check # 77063316 $1,218.00 $28,337.20 31-Jul-03 Inv. 13804; Receive, Build, & Install $865.00 $27,472.20 1611 Pole #48 in CR 846 Med $27,472.20 31-Jul-03 Inv. 13804; Receive, Build, & Install $770.40 $26,701.80 Pole #2B in CR 846 Med $26,701.80 31-Jul-03 Inv. 13806; Receive, Build, & Install $770.40 $25,931.40 Pole #1 B in CR 846 Med $25,931.40 31-Jul-03 Inv. 13807; Receive, Build, & Install $988.40 $24,943.00 Pole #1 A in SR 29 Repair Conduits to Base $24,943.00 8-Aug-03 PO I Increase $3,475.00 $28,418.00 12-Aug-03 Inv. 13820; Repair Overhead Liqhts #49, $1,276.00 $27,142.00 31,26,22,5,4,& 2 $27,142.00 25-Aug-03 Recovery Check # 0000098222 $3,585.40 $30,727.40 $30,727.40 $30,727.40 $30,727.40 $30,727.40 $30,727.40 $30,727.40 $30,727.40 $30,727.40 Totals to Date $52,473.80 $31,746.40 $62,473.80 lb~) 1611 ( bq ) FISCAL YEAR 2002-2003 Vendor I Contractor: Lumec, Inc PO #: 4500002482 Fund Number: 156-162723-646451-66072 Lighting Maintenance Budgeted Amount: $33,000.00 Invoice Date Description of Services I Materials PO Amt Invoice Amt Balance on PO Original Purchase Order $23,000.00 1-0ct-02 Iny. 69290; PO 204990 Repair and Paint Pole $807.08 $807.08 $22,192.92 Type "A" & Type "c" $22,192.92 10-Mar-03 Iny. 71384; Lumec 3 & 1 Poles $11,400.00 $10,792.92 18-Jul-03 Iny. 72909; Lumec 4 Poles, PO $14,290.00 $14,290.00 $10,792.92 4500009577 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 $10,792.92 Totals to Date $15,097.08 $26,497.08 $38,097.08 FISCAL YEAR 2002-2003 Vendor I Contractor: Hannula Landscaping, Inc. PO#: Fund Number: 156-162723-763100-66071 Improvements General 1611(~q) Budgeted Amount: $294,214.50 Description of Expense Adjustments eted Amount $34,514.35 $8,351.50 -$3,813.00 Totals to Date Invoice Amt $63,210.02 $41,639.85 $43,781.40 $24,866.08 $39,052.85 $173,497.35 Balance on PO $134,444.50 $168,958.85 $105,748.83 $114,100.33 $110,287.33 $68,647.48 $24,866.08 $0.00 $0.00 $0.00 $0.00 $0.00 Vendor I Contractor: McGee & Associates FISCAL YEAR 2002-2003 Fund Number: 156-162723-763100-66071 Imm. MSTU Phase" Sub. Phase B Task I Final Design 1611 (JJ~) PO #: 207301 Budgeted Amount: $294,214.50 Invoice Date 23-0ct-02 1-Jul-03 Description of Services I M'aterials Ori inal Purchase Order Inv. 3-June; Totals to Date Adjustments Invoice Balance Amt on PO $29,170.00 $1,335.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $27,835.00 $0.00 $1,335.00 161 t!~ i c~q) FISCAL YEAR 2002-2003 Vendor I Contractor: McGee & Associates PO #: 207297 Fund Number: 156-162723-763100-66071 Budgeted Amount: $294,214.50 Imm. MSTU Phase III Task I Final Landscape, Irrigation, and Hardscape Invoice Description of Services I Materials Adjustments Invoice Balance Date Amt on PO 16-Sep-02 Original Purchase Order $58,200.00 1-Jul-03 Inv. 3-June; $1,294.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 $56,906.00 Totals to Date $0.00 $1,294.00 16,11 FISCAL YEAR 2002-2003 Vendor I Contractor: PO#: Fund Number: 156-162723-763100-66072 Improvements General Budgeted Amount: $301,900.00 Invoice Description of Expense . Adjustments Invoice Balance Date Amt on PO Original Bud eted Amount $301,900.00 30-Nov-02 Moved $20,000 to Lighting Maint. -$20,000.00 $281,900.00 30-Nov-02 Permit Fee $125.00 $281,775.00 10-Jan-03 Inv. Ruck Brothers, PO 4500001858 $525.00 $281,250.00 Bricks for si n at New MarketlSR29 $281,250.00 Trian Ie $281,250.00 20-Jun-03 Inv. 13735; Relocate & Install Service $16,509.00 $264,741.00 for Blue Lights PO 4500010619 $264,741.00 Inv. Signcraft $2,425.00 $262,316.00 3-Feb-03 Inv. Lumec Tri. Lights $37,885.00 $224,431.00 $224,431.00 $224,431.00 Totals to Date -$20,000.00 $57,469.00 _"'_^,__'^~M~_'.",""'__'~",,""",,",~______._.. LeA) Fia\a Halas Henning coyle - Coletta J 16' 1$10' PARKS AND RECREATION ADVISORY BOARD ./ Octobel2: 2:00 pm Max Hasse Jr. Community Park ..""-"-"'-,_._'-_.....-,-,_...,.,~,,,.,.-._..,',. .~_,e,",_...~_____ Present: Absent: Staff: Others: 16 I 1 (610 ~ MINUTES PARKS AND RECREATION ADVISORY BOARD MEETING Veterans Community Park September 17,2003 John Ribes, Chairman Ski Olesky, Vice-Chairman Frank Donohue Chuck MacMahon Jeff Brown Mary Ellen Rand John MacDougall Marla Ramsey, Director Steve Whittier, Recreation Manager Joe Delate, Project Manager John Veit, Parks Superintendent Amanda Oswald Townsend, Operations Coordinator Barbara Johnson, Sr.. Admin. Assistant Attached Guest List I. Call to Order by John Ribes, Chairman II. Pledge to Flag III. Invocation IV. Approval of Minutes - Minutes of last meeting approved V. Awards: Kristin Lofbloom VI. New Business A. Presentation: Children's Museum - Lisa Barnett The document included in the packet contained general information about the museum, the Board of Directors, and people proposing this venture. The Board, in existence for approximately a year, has a goal of providing an exciting, inspiring, environment in which children and their families play, learn and dream together. The group is requesting that PARAB recommend the use of two acres in North Naples Regional Park and approval to take the item before BCC. The private, not-for-profit institution will build the building and pay their share of infrastructure. 1 161 ,to: (BID~ The two acres in question were originally going to be used for a high rope course apparatus, but was eliminated early in the planning process and is not currently designated for any special activity. It is located in the corner near the bus parking area. The Department wanted a hands interpretative area, which was also eliminated in the plans due to cost, and the museum would provide this feature. The unique playground that is different than any other, as well as the variety of facilities planned, would provide a destination for families. Permitting for the rest of the park would not be delayed because it would go in as a modification and that would be the responsibility of the Museum group. The Museum intends to pay to subsidize trips for school children and is considering a 20,000 square building with the ability to expand in the future. An Executive Director will be hired fairly soon and a volunteer base started. There will be a reasonable admission fee. MOTION: by Ski - Accept offer and work through with it. Seconded by Frank Donohue. Motion passed 6-0. B. Golden Gate Neighborhood Park - presentation by Kaydee Tuff There are a number of rental homes in the area being considered, the neighborhood has no sidewalks, and the children play in the street. There are 5 lots available in Golden Gate Unit 2, Block 40, which may be suitable for a tot lot and space for the children to safely play. No research has been conducted on the price of the land considered. There was no designated neighborhood park in this budget year; any money would have to come from 306 Fund reserves. This application may be considered as a stand alone or in November, the deadline for next year's budget year. The point system, when applied, would determine if the required criteria had been met. A survey of homeowners had not been taken, but residents asked were in favor of the park. MOTION: JeffBroWll - direct staff to go forward in evaluating the possibility of moving forward - make recommendation to BCC for this fiscal year. Chuck seconded. Avatar is to be contacted as well for any available land and the value of the requested lots to be checked. This information will be brought back to the next meeting.. Motion passed 5-1, with Frank Donohue opposed. (He desired the cost of the land be determined before voting.) C. Naples Park Neighborhood Park - Mary Ellen Rand excused herself from the Board and became a member of the public for this item. She is a resident of Naples Park, has been actively involved in the neighborhood park process, and cannot vote on this item. 2 16 I 1 (B \0) Some the residents in this area are confused about the Best Friends Neighborhood Park. Per the request of some Naples Park residents for a neighborhood park, this parcel ofland was purchased by the County in 2001 and at that time signatures of property owners in favor of the park were submitted to the Department. The park committee in Naples Park asked Parks and Recreation not to follow the normal procedure of developing that park the following year (2002) , but to use that money for purchasing another site before all available land in the area disappeared. The residents would develop the park themselves by raising funds, etc. A request for a site on 11 Oth was submitted, but the asking price was $200,000 - more than the designated County funds ($155,000) that were available. The $155,000 (originally designated for developing the first park) is still available; staffs recommendation is that the Best Friends Park be developed now using this money. Never has the Department indicated that taxpayers would be assessed a one-time $30 fee to pay for the playground equipment. This park was requested as a neighborhood park, met the requirements of the Neighborhood Park Policy, and is not a part of the Dover, Kohl Plan. Public Speaken: Barbara Batement. Originally the Naples Park Area Association was in favor of the neighborhood park but recently sent a letter to the Parks and Recreation Department rescinding their support letter of March 2002. The lot on 104th A venue is currently underwater, the park would not benefit children but create havoc, the noise level would be annoying, sexual predators live in the area, and litter, drinking and drug use could also be other potential problems. Loretta Leleux: Was a member of the original committee who came before P ARAB to petition for the fIrst park, and again, requesting land be purchased for a second park in lieu of developing the first parcel, which would be developed by the residents. A neighborhood park is a place that one can walk to, and part of the concept is that the neighbors will take ownership and help watch the park. If there is a problem after dark one can call the sheriffs office. Ms. Leleux asked to keep the Best Friends Park and would like the additional parcel also. Mary Ellen Rand - Is a member of P ARAB, been involved with Parks and Recreation, is a single mom, a landscape architect, and believes that parks are good for the people and good for the neighborhood. Ms. Rand is in favor of reserving the land first, saving the greenspace while it is still available, and developing the sites at a later date. John Austin: Lives on 97th Street and is a member of the Planning Board. Mr. Austin thinks that each property owner should have been polled before the land was purchased for the Best Friends Park. He does not believe the ad hoc committee should have proceeded with the request for purchasing the land without a vote of the entire 2,669 property owners of the 345 lots in Naples Park. There are 14 sex offenders in the area and he is afraid the park will soon be surrounded by drug and alcohol users. 3 161 (6 \ D) Don Swartz: Lives on 11 Oth Avenue and sells parks and recreation playground equipment. He believes playgrounds and parks bring out the good in the community and there would be no expense to the home owner if a playground were installed on that property. Park projects have a lot of planning and thought going into them- designs want children to be in plain sight, not in enclosed tunnels, etc. as part of the equipment. The lots have standing water on them but fill would be added, and residents who have pride in their neighborhood would be watching out for the children. A park would be an asset to the community and resale value of property as well; it is a positive thing for a neighborhood. Chris Carpenter: Not interested in having a park with playground equipment. Deborah Cahill: In favor of the park. Families with children would utilize playground equipment. Staff's Discussion: Staff's recommendation is to go forward with building on the site already purchased. A committee, comprised of 6 to 8 individuals, would be formed to design, pick out colors, etc. for the park. Public advertising for the park was done through the process of BCC Agendas, the budget process (another public hearing for budget tomorrow night) and the number of times discussed at P ARAB. There were two letters from home owner associations in the community and abutting property owners who were in favor of purchasing the original sites. This is the first time that anyone in opposition has appeared before PARAB. Chuck McMahon - feels that children need a safe place to play. Drugs do not happen in parks but in houses where parents do not care; foul language is heard every where, not just parks; a neighborhood park is a walk to park so no parking is needed., available land is becoming scarce, and children are the future of tomorrow. It is up to the adults to provide a safe play area for children without having to climb fences or cross major thoroughfares. Jeff Brown - Part of P ARAB's job is to look at the next generation and see what Parks and Recreation can bring to the community in the future - not just 5 years from now, but 20 to 30 years. Correct facts should be documented and made available to the community to replace the misinformation that residents in the Naples Park area seem to have. Ski: Sexual predicators are everywhere. The chance of children being attacked in a park are very slim. I am looking for this project to go - a lot of time and work has been spent on this project. Frank: OK with recommendation. 4 161 (B 10) . .1. John: Lots are disappearing quickly. Some way misinformation is getting out to the people, but the Board does everything that has to be done - maybe communication could be better, but it is also the responsibility of the public to be informed. There has been a lot of work done to get the project to this stage. The difference between Livingston Woods and this neighborhood park is that Livingston Woods was bought before the Neighborhood Park Policy was put in place. P ARAB wants to move forward and the Board will determine when to take the funds set aside and commit them to original use if and when a motion is made. To change the funding source, it is necessary to take the item to BCC and it would be advertised like any other BCC meeting. Has the second park been approved? Funding in the amount of$155,000 was approved but the site cannot be purchased for that. Staff's recommendation was going to be to eliminate the second park. Residents can come back through the process for other parks in the future. MOTION by Ski: Make Motion to do that. Vote on staff recommendation taking money available to purchase the second neighborhood park and use it to develop the first park. Seconded by Chuck. To develop the entire park - engineering, fill, Water Management permits, anything that needs to be done. All existing neighborhood parks have something for young children. Passive parks have sidewalks and benches.; active parks have playing fields, tennis courts, etc. Each park is a little different and is developed by a community committee. Motion passed 5-0. Support additional properties at a later date. Mary Ellen Rand left meeting. VII. OLD BUSINESS A. Cable Water Support System - Nick DiMasi This presentation is to answer questions raised at last month's meeting and to pass on to BCC the possibility of having the Cable Water Sports System installed at Sugden Regional Park. (Photos handed out) *The lake is now used half for sailing and half for skiing. With the proposed configuration there would be plenty of space for everything. * Traffic - there would be no parking in the rear - the 451 spaces are not close to being full. * Sound - have no decibel reading but when walking on the path I could hear East Naples school kids on the playground. The cable would be quieter than that. * Admission price - the same as the cable park in Broward, less than Orlando's rate. 5 1611 (BID) * Tower that neighbors may not want - on the south side of the lake one cannot see through the trees. I did not see where any resident was making an effort to look into the lake area from their property. * PermitslEngineering cost - can budget up to $150,000. * Wetlands - Plans do not indicate area where wetlands are. * Building - would be 1,000 square foot structure, up on posts and as aesthetically pleasing as possible. * Walkway -level 18" in variation oflake. * Number of circles show direction pictures were taken. We would expect to utilize the existing bathrooms. It is a several hundred foot walk to the parking lot. * Cost - $400,000 to build and install. Plan would be to hold some community programs, and over $6,000 would be generated under a lease agreement. * Homeowners - have not spoken to them * Environmental impact - a positive environmental impact, help relieve beach impact, and this plan has less impact to the sailing program. The Gulf Coast Skimmers supports the idea. * Estimate is 4,000 participants - 16 per day, 350 days per year. The fifth year $10,000 should be generated. Speaker: Patricia Rosen - representing the County's Sailing Program After working a little over a year with a foundation in New York, Tradewinds agreed to pay $23,000 a year per instructor as long as a special needs program was offered free of charge. One of the reasons that Tradewinds was interested in this location was that it was less crowded with boat traffic than Naples Landing. A volunteer group has been organized to help the handicapped person get into the unique, specially equipped boats that will not capsize. The CAT bus provides the participant transportation to and from his/her home. Each hour on the hour the participants are switched. Every day kids from the sailing center use the lake and help bring in revenue to help offset the operation costs. On Tuesday and Thursday, from 4:00 to 6:00 pm, a free program is offered to East Naples kids, providing them an opportunity to learn to sail. The programs really use much of the space and the entire lake is available for sailing when the Skimmers are not there. Funding is being obtained to purchase larger boats necessary for high school kids so a program may be started for this age group. Last week a sailing tournament was held and participants/spectators were surprised to see that it was sponsored by the Parks and Recreation Department and not a sailing club. The Orlando Cable is located in more of an industrial area than the setting provided at Sugden. The sailing program would like the use of the whole lake but is willing to share it. It would be sad if Tradewinds reduced their funding due to the smaller area available for the program, and the handicapped and underprivileged children were not offered the chance to learn to sail. Staff comments - Some of the issues that would have to be dealt with are 6 1611 (610) * Sugden has a FCT grant on it with a Management Plan which states that development can only be on the north and east side of the park. This happens to be on the south side. An update and modification of the plan would need to go through the State. * Non-profits - this needs to be clarified. "Collier County will not allow revenue producing concessions without approval of FCT'. All revenue can be only used for this location. (Sugden) * FCT has the ability to approve or deny * Any contract at this location producing revenue has to be approved by FCT before going to BCC. * Residents on north side of Guilford - all owners in the association were polled when park was purchased. They were promised there would be no further development of the park except by the Skimmers. One individual homeowner is specifically named and any further requests would have to go through him personally. There is a second homeowners association on the other side of the lake. The concept is a good one but Sugden may not be the place for it and it may take at least five years before the project could be started. The Department suggested two sites near the fairgrounds. One owner is interested in selling but wishes to be contacted by the interested agency, not Parks and Recreation. It is a 10 acre parcel with a small amount of upland for parking and a small building. MOTION by Chuck: We continue to look at lake properties and see if we can find some. It would be nice to see Parks and Recreation involved and tie it into the parks somehow. The Department is still hoping to get a parcel near the fairgrounds but cannot offer it at this time. Chuck asked not to give up looking but table the request until the Board has more information. Motion not seconded - withdrawn. MOTION: To not look favorably on looking at Sugden Park for this activity. Do support the activity being in our community but this particular property is not a good match. Chuck seconded. Approved 5/0. Mr. DiMasi said he would look at other sites; he was not aware of the grant restrictions. B. Regional ParkIWilshire Lakes Fence Lisa McClenaghan: At last P ARAB meeting a motion was made to look at the fence issue and staff make recommendations. Mr. Donohue came to examine the site, and everyone is welcome to come. The WCLA is requesting the fence to differentiate the development amenities and the regional park. Stan Weiner: Parks and Recreation was against a fence with a gate and expressed a concern that people could walk in on special events without paying. The area will not 7 161.1 ( 61D ) look like a preserve when the exotics are removed. Right now you would need a canoe to go through because the land is under water. Staff comments: The Department asked for a waiver from a concrete wall because the it is desired that the water continue to flow and animals can cross back and forth the boundary line. A split rail fence is being requested with a cost of $1 0,000 for a wood fence or $20,00 for a vinyl fence. There currently is a barbed wire fence a little south of the property line which will have to be removed. The proposed berm is north of the property line and meanders from 130 to 140 up to 200 feet in places from the property line. The new fence would have to be on the County side due to permitting issues. The Department has no problems with this type of fence as it has no gate and does not restrict the water flow or animal crossing. 1,400 feet of fencing would be required. FPL is obtaining an easement along that property line to install poles and the Department is asking FPL to make an amendment to the South Florida Management permit. There will actually be an electrical line approximately 10 feet north of the property line. MOTION: Chuck - go forward with split rail, probably wood, and let it go natural and build up with landscape. Seconded by Frank. Ski questioned if it were the Department's responsibility to provide a fence - if aesthetics were the question, the FPL poles would not be a plus. Motion passed 3-2. The remainder of the agenda - review of reports - was dispensed with. Meeting adjourned at 5:15 pm. Next meeting October 15th at Max Hasse Community Park. 8 t' CONSERVATION COLLIER lAND ACQUISITION ADVISORY COMMITTEE Fiala Halas Henning coyle Co'etta AGENDA October 20, 2003 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Roll Call II. Approval of Agenda III. Approval of September 8,2003 Minutes IV. Old Business: A. Wilderness PUD application review V. New Business: A. Presentation - Collier County Grants Coordinator, Marlene Foord B. Initial Criteria Screening Reports a. Visnich b. North Golden Gate Estates Unit 53 c. Marco Lake d. Sch roen Estate e. Mcintosh Trust f. Hack Living Trust g. Wozniak h. Malt i. Moore/Dick j. Varela Realty LLC C. Discussion of Ranking Methodology VI. Subcommittee meeting reports A. Budget - Marco Espinar, Chair B. Outreach - Bill Poteet, Chair C. Lands Evaluation and Management - Marco Espinar, Chair D. Ordinance Policy and Procedures - Will Kriz, Chair VII. Committee Member Comments VIII. Public General Comments IX. Staff Comments X. Adjournment 16111511) ~ ~', " '"' t~:J o?L__ ill lPL'D l bit ******************************************************************************************************** Committee Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 17, 2003 if yOU cannot attend this meetinQ. 1611 (B \ \) CONSERV A TION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Board Meeting Room, 3rd Floor, Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 AM September 8, 2003 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Michael Delate Wayne Jenkins Linda Lawson Bill Poteet Will Kriz Ellin Goetz (via phone) Ed Carlson Marco Espinar Excused absences: Kathy Prosser Collier County Staff: Alex Sulecki, Bill Lorenz, Jacqueline Hubbard Robinson - Assistant County Attorney, Marla Ramsey, Ed Kant 1611 (BIV) I. Roll Call -The meeting was called to order at 9:03 AM. A quorum was established. -Members: Michael Delate, Wayne Jenkins, Linda Lawson, Bill Poteet, Will Kriz, Ed Carlson, Marco Espinar, Ellin Goetz (via phone) -Kathy Prosser had an excused absence. -Collier County Staff: Alex Sulecki, Bill Lorenz, Jacqueline Hubbard Robinson- Assistant County Attorney, Marla Ramsey, Ed Kant II. Approval of Agenda -Alex Sulecki added to the agenda the review of the Bucheal parcel, which staff does not believe meets the initial screening criteria, and four additional applications received after the deadline. -The committee members agreed to the additions. III. Approval of July 14,2003 Minute -Alex Sulecki noted that Fleischmann was spelled with two "n's" not one, that the Fleischmann parcel #19 was 145 acres not 45 acres, and on the top of page 8 she noted that the two legal opinions were forwarded to the CCLAAC not the BCe. -Mr. Kriz made a motion to approve the minutes of August 11, 2003 as amended. It was seconded by Linda Lawson. All were in favor of the motion; the motion passed unanimously, 8- O. IV. Old Business A) Parks and Recreation Department staff appearance -Marla Ramsey, Parks & Recreation was presented and she stated that she would answer the questions of the CCLAAe. -Mr. Carlson asked how the CCLAAC could formalize a relationship with Parks & Recreation. Marla Ramsey informed him that once the CCLAAC acquires land, then Parks & Recreation will review the lands to see how they would relate to recreational elements and they would do this on a case by case basis. Mr. Carlson asked if Parks & Recreation at times will purchase lands that have additional acreage next to them that would be suitable and available for the CCLAAe. Marla Ramsey stated that this does occur and they have informed Alex Sulecki of a few parcels that they have noticed. -Bill Poteet asked what percentage of the parks are considered passive or low intensity use parks. Marla Ramsey stated that, at this time, they have very few passive parks. Mr. 2 16 I 1 (6 \ \) Poteet asked if the water skiing element at Sugdeon Park was a typical element or an exception to the rule. Marla Ramsey stated that Sugdeon Park included the only fresh lake in the entire Park system. -Mr. Kriz asked if Parks & Recreation had money in their budget for acquisition. Marla Ramsey informed him that they have development and land acquisition dollars in order to keep up with the growth related element. -Linda Lawson asked how far into the future the Parks & Recreation planned. Marla Ramsey stated that they currently have a five year plan in place, but it goes out about 20 years when they work with the school system. These plans change on an annual basis. -Mr. Poteet asked if they targeted specific parcels for their five year plan. Marla Ramsey replied that there are some target areas listed, but as they locate lands, they are trying to purchase the lands immediately. -Mr. Delate asked if there was a written program for the development plan ofa typical passive park. Marla Ramsey informed him that they did not have one and they reviewed the sites on a case by case basis. Mr. Delate asked if the Parks & Recreation staff regularly communicated with Alex Sulecki or only when a particular item for discussion arises. Marla Ramsey replied that they have a regular line of communication. -Alex Sulecki and Marla Ramsey reviewed some of the plans for the North Naples Regional Park. -Mr. Lorenz noted that if there is a possible partnership with the Parks & Recreation Department on a particular parcel of land, then staff would note this information on the parcel report. He added that the ordinance requires that a comprehensive land management plan be developed closer to the purchase of a particular land, and at that point staff would discuss the possible partnership in greater detail with Parks & Recreation. This second report would also be forwarded to the CCLAAC. V. New Business A) The Bucheal Property -Alex Sulecki stated that staff did not believe the Bucheal property met the initial screening criteria. In section 9-1 of the ordinance it outlines the criteria that must be met to be considered for acquisition. Section 13-3 states that if this criteria is not met, then the parcel is to be presented to the CCLAAC and may only continue through the evaluation process if there is a vote with five members in favor of a complete evaluation. Alex Sulecki presented the Bucheal property to the CCLAAC. It is a six acre parcel next 3 1611 (?~) to the Fleischmann parcel. The property does have a central location and is within a wellfield protection zone, but due to the fact that the parcel had been cleared for development, it did not meet any of the environmental criteria. -Linda Lawson asked if the owners had been notified that the property did not meet the initial screening criteria and asked why they nominated the property. Alex Sulecki reported that the owners stated that they had proposed the parcel since it was adjacent to the Fleischmann parcel and it lies in its natural state. -Mr. Poteet felt that further investigation should be completed before the CCLAAC made a decision on this parcel since it is in the urban core. -Mr. Kriz felt that one member of the CCLAAC should make a site visit to the property and confirm or deny the initial screening criteria reported by staff. Alex Sulecki stated that she was fine with this. -Mr. Kriz made a motion that a site visit be done with at least one member of the CCLAAC present. The motion was seconded by Mr. Poteet. -Ellin Goetz felt that the Stormwater management department should look into this parcel as capable of meeting some of their needs for water management storage. Alex Sulecki noted that Ed Kant would address this topic later in the meeting. -The original motion was recalled. All were in favor of the motion; the motion passed unanimously, 8-0. B) Four parcels that were nominated after the deadline 1) Owned by the White Sands Florida Land Trust -Alex Sulecki stated that this is a five acre parcel, over 50% vegetated. There are listed species present on the property and it is contiguous with a group of other parcels that were accepted for consideration during this cycle. -Mr. Espinar abstained from voting on this parcel since he worked for the owner of the property. -Mr. Carlson moved to include this parcel for consideration during this cycle. It was seconded by Ellin Goetz. All were in favor of the motion; the motion passed unanimously, 7-0 (Mr. Espinar abstained). 2) School Board nomination -Alex Sulecki explained that this property is ~9 acres and is adjacent to a future school site. It does meet the initial screening criteria. Alex Sulecki noted that 4 16jl $") there are some errors in the application that need to be corrected; regarding the size and owner of the property. -Marla Ramsey, Parks & Recreation, discussed some of the details on this site; how Parks & Recreation will be working with the school on this. -Alex Sulecki noted that the owner tried to fax the nomination in before the deadline, but the fax did not go through. -Mr. Kriz moved to include this parcel for consideration during this cycle. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 8-0. 3) 2 Parcels north of Wilshire -Alex Sulecki explained that these two nominations were contiguous with another grouping of nominations that will be considered during this cycle. She felt that they were good nominations since they are adjacent to the Wilshire Lakes Conservation area and they provide the potential for a nice greenway. Alex Sulecki added that the owner advises that there are wetlands and endangered species on the parcels. -Mr. Kriz moved to include these parcels for consideration during this cycle. It was seconded by Mr. Poteet. All were in favor of the motion; the motion passed unanimously, 8-0. -Jacqueline Hubbard Robinson noted that it appeared as though some of the properties being nominated are deed restricted properties or properties within private developments. She felt that the CCLAAC may want to discuss whether or not to consider this type of propeliy in the future. Alex Sulecki stated that if any properties were of this type, she would note it in the initial screening criteria so that the CCLAAC would have the opportunity to discuss it. The committee agreed to this approach. C) Initial Criteria Screening Reports -Alex Sulecki presented the Fleischmann property initial screening report to the CCLAAC. She explained that this report would serve as an example of future reports and asked that the CCLAAC make recommendations on any changes they would like to see in future reports or the future presentations of the reports. Alex Sulecki then reviewed 5 1611 ~\~ section 2 - (the statement for satisfying the initial screening criteria), the scoring form, and sections 2 through 5 with the committee. -The Fleischmann parcel: Parcel "18" is actually composed of three parcels for sale as a single unit, zoned within the city for highway commercial/residential 312. -Alex Sulecki noted that she believed this property met the initial screening criteria and reviewed this portion of the report with the committee; pages 7-11. -The potential for appropriate uses of the land, page 12, was reviewed; hiking, nature photography, bird-watching, and fishing. -Pages 13-15; assessment of management needs and costs: Alex Sulecki noted that the owner has offered to donate some portion off the purchase price up to $250,000 to assist with the initial removal of exotics. Annually reoccurring costs are estimated $6,000-$22,000. The owner agrees to remove the litter from the property, but has requested that the Collier County Sheriffs Department remove the homeless people, who have been living on the property. -Page 16; potential for matching funds: Florida's Community Trust may be a possibility. Funds would not be available for this project from the Save Our Rivers Program and funds would be unlikely from the Florida Forever Program. -Pages 17-21; summary of secondary screening criteria: This property had a total score of296/500. The category scores were: ecological score - 59/100, human values/aesthetics score - 73/100, parcel size - 50/100, vulnerability - 80/100, and management - 35/100. -Mr. Kriz felt that the report was missing a staff recommendation on whether or not the parcel should be placed on the active acquisition list. Mr. Lorenz explained that if a property passes the initial screening criteria, then staff feels that the property is worthy to be purchased with Collier County funds. The next step after the CCLAAC hears all of the reports, is for the CCLAAC to create an acquisition list, which will prioritize the acquisition of the properties. -Mr. Jenkins asked if there was any news on the possible partnership with the Transportation/Stormwater Management Department. Alex Sulecki stated that Ed Kant, Transportation Department, would be addressing this issue later in the meeting. -Mr. Carlson felt that the report was "fantastic". Since the report was easily read and understood by the committee members, he did not see a need to go through the entire report at the meeting, rather he felt that they should allow time for the members to ask 6 1611~\~ staff for any clarifications or questions they may have. Mr. Carlson also believed that the wildlife scoring was too liberal. Mr. Delate agreed with the suggested form of the presentation, (to show a photo of the property, read through the summary, and allow time for questions and comments), but requested that any irregularities in the property be pointed out to the committee as well. -Ed Kant, Transportation Department, stated that the Transportation Department is not trying to insert themselves within any of the decisions being made by the CCLAAC. He noted that the Transportation Department is not in a position to say they are interested in the entire parcel and their projects usually only requires a 4-6 acre site for their stormwater management needs. Mr. Kant explained that they are only interested in that portion of the property that will serve the needs of the Transportation Department, but they would be interested in working with the CCLAAC, "if it comes to it". Mr. Kant was unable to make any commitments at this time as to what the needs of his department will be. Public Speakers 1) Scott Cameron, representing the Fleischmann's and the Bucheal's, stated that the Fleischmann's were willing to contribute up to $250,000 for exotic removal. Mr. Cameron felt that this should have a positive impact on the scoring process. If the Fleischmann's are given a "clearly identifiable business transaction", then they would also be willing to spread the payments out over two years, with the first payment due in the beginning of 2004. Mr. Cameron also felt that the scoring should be adjusted to show that ST overlay on the Fleischmann property, is on less than 25% of the property. Mr. Cameron added that the Bucheal property was primarily nominated because it was adjacent to the Fleishmann property. -Alexandra Sulecki corrected Mr. Cameron explaining that the ST overlay was a wellfield ST overlay and that it covered the entire parcel. 2) Judy Heiner, Rookery Bay, asked who provided the invasive plant control estimates for this property. Alex Sulecki stated that this was one of the estimates completed and it came from a firm contracted by the county. She noted that she would provide Judy Heiner with more detailed information in the future; the name of the firm. -Alexandra Sulecki asked that the committee accept the report as the format ofthe report that they will be providing on the parcels. Mr. Lorenz clarified that this report was an 7 1611 lb \\) example to present the format, but ultimately the committee also needs to except the individual reports as "their" reports. If the committee finds items that they would like to see changed or further investigated in the specific reports, then these tasks should be outlined to the staff before the report is accepted. -Linda Lawson was not comfortable taking any specific action on any individual report until all reports have been presented to the committee, but she was comfortable with the format discussed for all future reports. -Mr. Lorenz explained that he was looking for verification that the information they will be working with has been in some way approved by the committee. Linda Lawson noted that if the committee found something objectionable in an individual report, then they could take a motion to direct staffto go back and review the item in question, but she did not see a reason to formally accept any individual reports in a piecemeal fashion. Mr. Poteet agreed with Linda Lawson, but added that the format, as a blueprint for future reports, was fine. -Linda Lawson also felt that the committee could not make recommendations on particular items in the report that should be changed or adjusted in future reports, because they need a range of reports to get a feel for the item. For example, in regards to Mr. Carlson's concerns about the liberal wildlife scoring, Linda Lawson felt that a variety of reports would need to be reviewed before the committee could say that this scoring was always too liberal. Mr. Carlson agreed, stating that he would need to see the trend that carried through various reports. -Mr. Espinar noted that the Lands Evaluation Subcommittee could re-examine the "weighing issue" related to endangered species. -Mr. Lorenz noted that at the next CCLAAC meeting there would be at least a dozen reports for the committee to review. He expected that a second meeting in October 2003 would be needed to review the final reports. Then the reports would be ranked in November 2003. Mr. Lorenz noted that they were expecting a dozen properties at a time for staffto be working towards acquisition on. -Mr. Delate asked that any irregularities of a property be included in the executive summary ofthe report. Alex Sulecki agreed to this. -Mr. Jenkins made a motion to accept the format of the reports. It was seconded by Mr. Kriz. All were in favor of the motion; the motion passed unanimously, 8-0. -The committee took a break from 11:05am to 11:23am. 8 1611 ~Il) D) Discussion of Site Visit Policy -Alex Sulecki explained that she was concerned that if the public attended the site visits, they may be unprepared for possibly dangerous situation, that staff would be held liable for the public's safety, and that the site visit would take longer to complete. She requested that the CCLAAC adopt a policy regarding the site visits and public attendance. Alex Sulecki recommended that initial site visits be completed by staff. If there are any questions after the report has been reviewed by the committee, then one committee member could attend a second site visit. At this point, if a member of the public expressed a strong desire to still see the property, then they could attend a second site visit as well. -Linda Lawson suggested a "hold harmless" contract for anyone who would attend a site visit. Jacqueline Hubbard Robinson stated that the legal department could draft a document of this nature. Alex Sulecki agreed that this could be done, but maintained that there were still the same concerns remaining, and her recommendation stood. -Mr. Espinar asked ifthere was some sort of permission slip from the owner that allowed staff and the CCLAAC to go onto the property. Alex Sulecki informed him that there was and that it currently includes members of the public, but one owner has had an issue with the public on his property. -Linda Lawson asked if there have been problems or if this was a hypothetical situation. Alex Sulecki stated that it was a hypothetical situation and she was trying to avoid this problem possibly arising in the future. Linda Lawson noted that a "hold harmless" contract should be signed by anyone who attends the site visit. Alex Sulecki noted that if any members of the public attended at any point, then she would have them sign a "hold harmless" contract. -Linda Lawson made a motion for approval of Alex Sulecki's recommendation on the policy for site visits. The motion was seconded by Ellin Goetz. All were in favor of the motion; the motion passed unanimously, 8-0. E) Discussion of Ranking Methodology -Mr. Kriz stated that the Ordinance, Policies, & Procedures subcommittee discussed the ranking methodology briefly in their last meet. Based on the recommendations of other committees, the subcommittee did not feel that the CCLAAC should be ranking properties sequentially, rather the CCLAAC should use an A, B, & C list. The A list 9 1611 \b\\) would be highly desirable properties, the B list would be desirable - but not highly critical, and the C list would be the properties that do not meet the initial screening criteria. -Alex Sulecki asked the committee to direct her in where they would like her research to focus; the types of information desired from various counties with the same programs. -Mr. Delate felt that the Lands Evaluation Subcommittee should review the scoring system and recommend to the full committee how to organize properties into an A and a B category. The subcommittee agreed to meet on October 15,2003 to discuss this item. Mr. Carlson requested that the subcommittee receive the reports prior to the meeting. Alex Sulecki stated that she would set this up. -The committee directed Alex Sulecki to focus her research on Florida Forever and three surrounding successful counties. -Ellin Goetz suggested that if time were "of the essence", then Alex Sulecki could speak to an agency with a broad perspective on this issue rather than speaking with numerous counties. Alex Sulecki stated that she would do this. VI. Subcommittee Meeting reports A) Budget - Marco Espinar, Chair -There was no subcommittee meeting or report. B) Outreach - Bill Poteet, Chair - There was no subcommittee meeting or report. C) Lands Evaluation and Management - Marco Espinar, Chair -Mr. Espinar stated that at their last meeting they approved the initial screening criteria. The next meeting will be October 15, 2003 to discuss ranking categories and endangered speCIes scormg. D) Ordinance Policies & Procedures - Will Kriz, Chair -Mr. Kriz stated that on the advice of the County Attorney's office, they are not pursuing any ordinance amendments at this time. He noted that the committee will need to consider how ownership will play out in the ranking and acquisition procedure. VII. Committee Member Comments -Linda Lawson asked Alex Sulecki why the ranking meeting was moved from October to November/December. Alex Sulecki stated that this was a change in schedule from what was anticipated since the staff received more nominations than expected. Linda Lawson asked if the 10 ranking would now be in November or December. Alex Sulecki stated tbat tb~ d~t ~O~for <, ~ \ \) sure how long the presentations will take, but the plan is to have all the properties presented to the committee by November. This does not change the overall schedule for the year. Mr. Lorenz added that the committee can schedule additional meetings as needed. VIII. Public General Comments 1) Brad Cornell, Collier Audubon Society, stated that he supported and encouraged the need to change the ordinance and felt that this item needed to be on the agenda as soon as the "initial investigations" were complete. Mr. Cornell felt that the committee needed to discuss issue related to partnerships in acquisition; who requires the title, etc... -Jacqueline Hubbard Robinson replied that she had forwarded answers to the committee for two questions regarding partnerships in acquisition and title requirements. The title does not have to be in the name of Collier County. Under section 4 & 6 of the ordinance rules for acquisitions regarding partnership are outlined; this is a very broad section of the ordinance that allows the county to come up with various ways to partner with other agencies. Alex Sulecki noted that she did not forward the memo to the committee members as of that time, but she would do so. Jacqueline Hubbard Robinson then when on to say that the county could enter into an agreement with another agency obtaining the title, but the county would need some assurances that the other agency would use the land in accordance with Conservation Collier needs. 2) Lincoln Borman, with the Nature Conservancy, did not believe that this agreement would be a problem since the state and the county have similar objectives in purchasing these properties. He added that there is a provision in the ordinance, which states that all land purchased by this group must be re-zoned with all development rights removed. Mr. Borman felt that this may bring about problems regarding value since the land value is decreased when the development rights are removed. -Jacqueline Hubbard Robinson did not agree about the issues with decreased land values; she believed that these issues could be worked out in the agreement. IX. Staff Comments -Jacqueline Hubbard Robinson stated that she will no longer be the counsel for this committee due to her position change. She introduced Michael Pettit, Assistant County Attorney, who will be the new counsel for this committee. -Alex Sulecki added the she and Ellin Goetz would be participating in a County Highlights to discuss the Conservation Collier program. They will be filming on September 12,2003 and a site 11 1611 \? \\) visit will also be filmed on September 10,2003. This program will air on September 22,2003 at 9pm. A new brochure is being drafted and will be considered at the next Outreach Subcommittee meeting. The website will be up and running shortly. X. Adjournment -Mr. Espinar made a motion to adjourn. It was seconded by Mr. Carlson. All were in favor; the motion passed unanimously, 8-0. The meeting was adjourned at 12: 17 pm. - There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12: 17 pm. Collier County Committee ETC. ETC. Chairman (Kathy Prosser) 12 Fiala Halas Henning Coyle Coletta J/ v/ V 6/ 1611 (B\ 1-. J Memorandum To: Sue Filson, Executive Manager County Commissioners' Office From: Helene caseltin~EcD, Economic Development Manager Community Redevelopment/Planning Services Department Date: September 26, 2003 Subject: Draft EZDA Minutes Attached are minutes from the 7/23/03 Enterprise Zone Development Agency board meeting, as approved by the EZDA board at their regular meeting held 9/24/03. For your information and BCC review, also attached are draft minutes from the 9/24/03 EZDA board meeting, Also, as an aside, I have resigned from my position as E.D. Manager, effective 10/2103. If you have questions or need additional information, please call Randy Cohen, Manager of the Redevelopment Section, at x2903. It's been a pleasure working with you! /hc Attachments: EZDA minutes c: Randall Cohen, Manager, Community Redevelopment Section ", .. ,- \ , \ . _." ......" ~',~":. ~ ....,' .)t: i_ ..,: I~l~~ . .lLPt:C)\b\L . v'- ~ 'u, Community Redevelopment Section ph: 239/403-2398 fax: 239/213-2916 2800 North Horseshoe Drive Naples FL 34104 phone: 239/403-2398 fax: 239/213-2916 ENTERPRISE ZONE DEVELOPMENT AGENCY MINUTES OF JULY 23, 2003 EZDA MEETING The Enterprise Zone Development Agency meeting was held on Wednesday, July 23, 2003, at the OneStop Career & Service Center on 5th Street South, Immokalee, FL Officio and Ex-Officio members in attendance: Raymond Holland, Chairman Fred Thomas, Jr., Vice Chair Clara Ayala Jerry Hubbart Ann Olesky Denise Blanton Floyd Crews Rick Torres Ira Malamut Benny Starling Guests attending Monica Biondo, Collier EDC Julio Estremera, FGCU-SBDC Frederica Cosper, FL Dept. of Revenue not in attendance: Charlie Esquivel AI Neuman Sgt. Mansberger Tony Sanchez staff attending (all Planning Services) Iliana Martinez Aaron Blair Helene Caseltine 1. Roll Call- Raymond Holland called the meeting to order at 10: 12am; a quorum was present. EZDA Board - open position "Business in the Zone" Raymond reminded board members to contact friends and business associates to make application for this position 2. Approval of Minutes from May 29,2003 Floyd Crews made a motion to approve; seconded by Fred Thomas; approved unanimously 3. Zone Activity Nothing to report Helene Caseltine announced that funding for the Community Contribution Tax Credit program has already depleted for remainder of the State's current fiscal year. EZDA Meeting 7/23/03 Page two 1611 (B\1..) 4. Old Business Countywide economic incentives - already covered under CRA Advisory Board meeting Fred gave an update on the Immokalee residential impact fee deferral proposal, stating that members of the Immokalee Chamber Community Development Corp. are waiting for county staff to draft the legislation, and added that the Commissioners seemed to support the proposals. 5. New Business New FL Dept. of Revenue representative - Fredrica Cosper Board members introduced themselves; Fredrica then explained her responsibilities 6. Adjourn - 1 0:27am Respectfully submitted: Helene Caseltine, CEcD Economic Development Manager Collier County Planning Services Department 2800 North Horseshoe Drive Naples FL 34104 phone: 239/403-2398 fax: 239/213-2946 1611 (~~t) Collier County Planning Services Department - ENTERPRISE ZONE DEVELOPMENT AGENCY DRAFT MINUTES OF September 24, 2003 EZDA MEETING The Enterprise Zone Development Agency meeting was held on Wednesday, September 24, 2003, at the OneStop Career & Service Center on SthNinth Street South, lmmokalee, FL Officio and Ex-Officio members in attendance: Raymond Holland, Chairman Fred Thomas, Jr., Vice Chair Clara Ayala Denise Blanton Ann Olesky Rick Torres ] ames Mansberger Guests attending Monica Biondo, Collier EDC Julio Estremera, SBOC Marcie Elliott, NDN not in attendance: Charlie Esquivel Floyd Crews Ira Malamut Tony Sanchez Jerry Hubbart AI Neuman Benny Starling staff attending (all Planning Services) lliana Martinez John David Moss Helene Caseltine 1. Roll Call - Raymond called the meeting to order at 10: 51 am; a quorum was present. Agenda approved unanimously EZDA Board - open position "Business in the Zone" Helene stated that Gary Holloway, Resource Coordinator at the lmmokalee Career and Service Center, has sent in an application to fill this position. Fred recommended approval, Clara seconded, approved unanimously. 2. Approval of Minutes from July 23, 2003 F red made motion to approve, seconded by Denise, approved unanimously 3. Zone Activity Helene stated that 3 lmmokalee companies have sent in Requests for Sales Tax Refunds on business equipment purchased: Salazar Welding, Lightner Contracting, and Jack Queen Construction; she added that the last two were very excited about this program, knowing they could receive refunds of approximately $7,000 and $12,000 respectively. 4. Old Business Economic development incentives - discussed at CRA Advisory Board meeting earlier EZDA Meeting 9/24/03 Page two 1611 (~\t.) 5. New Business Opportunity to expand EZ boundary Helene explained that she was notified by the Governor's office that legislation was passed this year allowing the lmmokalee EZ to be one of a few Enterprise Zones in Florida with the opportunity to expand their EZ boundary by an adjacent 25 acres. After explaining the criteria, and much discussion by the Board, members didn't feel this is enough of a change to warrant moving forward. 6. Adjourn - 11 :02am Respectfully submitted: Helene Caseltine, CEcD Economic Development Manager Collier County Planning Services Department 1611 (6l3 ) t~ COWER COUNlY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive . Suite 605 · Naples, Florida 34108. (239) 597-1749. Fax (239) 597-4502 Fiala Halas Henning Coyle Coletta NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE p." '1-- _F THE PELICAN BAY SERVICES DIVISION BOARD AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, OCTOBER 8, 2003 at 3:00 P.M. AGENDA 1 . Roll Call 2. Approval of Minutes of the September 10, 2003 Meeting 3. Audience Comments 4. Discussion - defining "The Mission" 5. Review of Strategic Objectives 6. Committee requests 7. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. . ~. .' -Gl~_.e , dl~~~\B\3 c o ~. {~'j c y c o J..t .... t; Y 1611 ~lBI3) LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 10, 2003 at 3:00.P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples. Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. David Nordhoff Mr. Edward Staros (Absent) ALSO PRESENT: Four (4) Pelican Bay residents; Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward. Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1 . Roll Call 2. Approval of Minutes of the August 6. 2003 Meeting 3. Audience Comments 4. Management Reporting - Formulate recommendation for transition to new reporting system 5. Planning - Workshop on Step I - Mission and Objectives 6. Committee Requests 7. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show all members present with the exception of Mr. Edward Staros with an excused absence. APPROV AL OF MINUTES OF THE AUGUST 6. 2003 MEETING Mr. laizzo moved, second by Mr. Nordhoff and approved unanimously the Minutes of the August 6, 2003 Meeting. AUDIENCE COMMENTS No comments were received from the audience. MANAGEMENT REPORTING - FORMULATE RECOMMENDATION FOR TRANSITION TO NEW REPORTING SYSTEM Mr. Sutphin explained, "At the Regular Board Meeting,. Chairman Carroll instructed the Sub- committee to make a specific recommendation to the Board at their next meeting on a transition from the old manual reporting system to the new County accounting system". The only thing I perceived in the discussion we had at the full Board Meeting was Mr. laizzo's concern of whether or not we could track the budget? Mr. Ward. you may want to clarify,how everything ties together. 21 . Budget Sub-committee September 10, 2003 16; Mr. Ward explained, "In terms of the County's reporting system and your current adopted budget, which has been approved by the Board of County Commissioners, the budget format you approved is input into the County system and it is already there". It would not be a problem to report in that new format starting October 1 st. There really is no difference whatsoever with the way this budget is prepared and the budget in the County system, other than its' location on a page. The account number structure is the same as you will see on the County system if you would try to tie those fund numbers, object codes, etc. together. They are exactly what you see in your budget book. Mr. Sutphin asked, "If part way through the year somebody had an issue that they did not remember being in the budget, could you go back to a specific line item in the budget that we approved and say here it is and this is the amount it was? Mr. Ward replied, "Yes". For example, if you look at Fund 109. Object Code 182602, Account 634999. which is called Other Contractual Services in the County's reporting system, you will see a line item for $117,800. You can go to your budget book and it will tie exactly into what is on the County budget page in their reporting system. The budget book will provide you the written detail of what is in it, but it is a one for one match. Mr. Sutphin asked for comments. Mr. laizzo replied. "I do not see a problem". Mr. Carroll stated, "I have a problem with the color coding". Mrs. Jean Smith stated, "I do not think I can do anything about that. Mr. laizzo stated, "Some of the fonts are large and others are small", If the larger font size could be maintained that would help. Otherwise, I really don't see a problem because the numbers are what they are when we established them and that number is just being reduced on a monthly basis. What I would like to see up front is the favorable/unfavorable, the red/green flag report. If we hit a budget problem, meaning that we are going over budget. I would like to see that show up in the unfavorable. Mr. Sutphin stated. "I would like to second what Mr. laizzo has just mentioned". I personally feel that the red/green flag report, or the Manager's Overview, is a very critical document in terms of keeping the Board informed of what is going on frO;r:TI your perspective. I think the qualitative items on that sheet 22 Budget Sub-committee September 10, 2003 16 j 1 \()\J) are every bit, if not more important, than the quantitative items. If you see something drifting off track. or things like the Public Hearing on the Waterside Shops and the possibility of that getting coupled with the parking garage, those are the kinds of things I would like to see you bring to the Board's attention. If it is acceptable to the balance of the Sub-committee, I will recommend at the October Board Meeting that we formally make a transition to the new accounting system and the Manager's Overview, concurrent with the start of the new Fiscal Year. Mr. laizzo and Mr. Nordhoff both replied, "Accepted". Mr. laizzo stated, "I would like to repeat that this does not preclude the fact that you must look at the budget". We still need to look at the budget on a monthly basis, but I don't think we need to look at it in detail to the point where we are looking for a dollar that is going outside of its' range. I believe the favorable/unfavorable, red/green flag report will indicate that. Mr. Sutphin replied, "I agree". This overview format can be tweaked as we see more of it and learn more about it. Certainly, the Chairman has the final say in what he wants to see. I am looking at a methodology for bringing information to the Board. If we have accomplished that and the Board approves our recommendation at their next meeting, I consider this part of our charter complete and we will spend all of our ongoing time on the budgeting process. Mr. laizzo asked, "Mr. Ward. have you ever seen a line item get into trouble"? Mr. Ward replied, "No". Mr. Sutphin stated, ''What I like about the new accounting system is that If you take as a premise what the County charges us for administrative services like this, it is not negotiable". This system is free and our other system is requiring the use of our own resources to generate. If I understand Mr. Ward correctly, we can get any level of detail we want, virtually on demand. Mr. Ward replied, "I agree, and there are such controls within the County system so that my going over budget is literally not possible". Mrs. Jean Smith stated. "\ will work with SAP experts at the County to see if I can get a larger font". 23 Budget Sub-committee September 10, 2003 1611 b\3) Mr. Sutphin asked, "Is there any way a Board Member can tap into the financial system from home"? Mr. Ward replied, "No, you can only access it from the County's system and it cannot be accessed from off-site". PLANNING - WORKSHOP ON STEP I - MISSION AND OBJECTIVES Mr. Sutphin explained, "In the e-mail thatlhadsenttoMr.Ward.ldimensioned what I think our options are going right back to the beginning as one of, or a mixture of, three broad choices". The middle option being the status quo and doing what we have been doing in terms of providing services, hopefully better and more cost effectively, along with all of the things that go with it. That would keep Pelican Bay as it is and has been. Mr. Sutphin continued, "Option "A" would be to emulate the best in Florida". Recognizing that today's communities are a little better than Pelican Bay, from an infrastructure and physical plant standpoint. Mr. Sutphin stated, "The low cost option would be to feed the need for people for lower taxes and Just perform bare-bone services such as don't plant annuals, don't provide security, cut the grass, keep the mangroves alive, which I would see as recognition that Pelican Bay is. over time, going to become just another place to live". Mr. Sutphin continued, "I have no preconceived opinions on which of those optIons is the way to go". That is the purpose of this phase of the planning process and at this point I would certainly welcome any input from our audience. Mr. Nordhoff replied, "I feel as if status quo is like running in place and that means that everybody else passes you". I don't view status quo as a viable option. 1 don't consider the third option of just letting it go to seed as a viable option either, because part of the Mission is to protect property values. By process of elimination, we end up with the first option, which I would have chosen given a choice. The other two options. with all due respect to your write up, do not cut it. Mr. Sutphin replied. "I would certainly not vote for Option #3". Recognizing that it is an option and in our first discussion on zero based budgeting, the ultimate in zero based budgeting for the Pelican Bay 24 Budget Sub-committee September 10, 2003 fj\~) SeNices Division is to put it out of business and just give it back to the County. I think we rejected that as being unacceptable. We will probably end up rejecting Option "C", bare bones operation, although believe the Board should have a chance to examine it. Mr. Nordhoff replied, "The Board should examine all of the options". You are wise to layout the options and I believe we can put more definition to them. I would like to know, in the first option, whether we are talking about the best facility in Florida, the United States or in the world? I would like to know what our com parables are. Mr. Sutphin stated, "I see Mr. Ward as a resource who can provide us with a lot of information on that issue because of his involvement, professionally, with other communities". Mr. Domenie stated, "I agree, Option #3 is out". Option #2 is what we are working with at the moment and under Option #1, we could have a shopping list that could run a couple of million dollars a year. Again, once that is established we can set priorities. Some people say the berm should be heightened by six feet, which would require earth, trees, etc. Others say we need more lights on Pelican Bay Boulevard or that Pelican Bay should become a gated community. In which case. if you think police protection is expensive, by the time we get gates in here that would cost a lot. I believe these options could be played forward and we would not have to make use of them each year. Perhaps we could stretch them over a period of years. Mr. Sutphin replied, "Exactly". That is why this is so critical. In my view we are talking about a fundamental change in our mission and the strategies that evolve from that. It is multi-year and may have a minimal impact on next year's budget. If you are talking about such things as attempting to make Pelican Bay a gated community, I certainly have not thought it through, but the first thing that comes to mind is that you could not even conceive that if you did not have the full support of the Foundation. The Foundation would have to be intimately involved in implementing something of that magnitude. It might take three to five years to get there. but it has a long term implication on what it is going to cost people to live in Pelican Bay. We are not going to be arguing over $100,000 for the mangroves; we are talking about an escalation in the level of seNices, the quality of the community and what it costs to live here. see it as just that fundamental. If people aren't prepared for that. then we should not pursue it. 25 Budget Sub-committee September 10, 2003 16 j 1 ~ \3 ) Mr. Carroll stated, "The swamp is a current problem and to me appears to fit into the category of upgrading from where we are". We get so much flack about this issue and just telling the people that we want to preserve the mangroves is really not doing the job. Possibly an item in stepping up is some major change to that entire situation. I don't know what it is, but that is an example. Mr. laizzo stated, "I go along with that also, that area needs to be explored". The culvert boards are coming up at a certain height and there is a four-inch tube that allows the flow. That tube is always blocked, the water can never get through and the west side is starving for the water. There is plenty of water on the east side of the berm and nothing on the west side of the berm. That has to be monitored continuously. I would say once or twice a week someone has to go down and clean that tube so that the water flows. Mr. Lukasz replied, "Water is supposed to be backed up on the east side". Mr. laizzo stated, "The four inch tube allows water to trickle into the west side of the berm". Mr. Nordhoff stated. "This was brought up as an example and I don't believe it is our charge to try to solve that right now". Mr. Sutphin stated. "It gets to the point that if you want to choose Option "A" in some form, in my opinion, the biggest asset that Pelican Bay has is the beach". If you are going to move to making Pelican Bay equal to the best in Florida or our version of that, I think it does require that the Foundation sign on with anything we might do. The Pelican Bay Services Division does not control all of the pieces that are required to make that happen. Mr. Carroll stated, "I don't see that as a deterrent". I believe that the Foundation would be supportive. Mr. Sutphin replied, "My point is that to the extent that it has a financial implication, and let's say that if over a five year period it would double the Non-ad Valorem assessments that people pay in Pelican Bay, it is going to have an impact on the annual Foundation dues as well". These things are not free. There is a cost to put them in and there is a cost to keep it that way; Mr. Ward stated. "I agree". In terms of the high end, the best in Florida, if we are going to utilize the words and name "Best in Florida". we need to understand that comes at a cost and with a certain 26 Budget Sub-committee September 10, 2003 16 environment. You have to take a look at what the environment is that you want it to be with some specificity and put some numbers to it and then decide whether you want to proceed with that "Sest in Florida Program". That can take the form of gating the community, whether we get new streetlights, whether we do brick pavers, whether we do round-abouts, whether we do improvements to the front or back berm, a ton of infrastructure that could possibly be constructed to make Pelican Bay the "Sest in Florida". We need to put the ideas on a piece of paper and define what we think is "Sest in Florida" and then from there we can figure out if we can afford it. Mr. Sutphin replied, "I totally agree". Since you brought the subject up, what would you suggest as being the best way to get that done, given the constraints that we have as a Sub-committee in having what I call "off-the-record brainstorming sessions"? Mr. Ward replied, "I believe within the context of this meeting, you can probably do it". I can tell you what assets are being constructed in the environment of new communities being built in Florida today. From there, we can develop a plan of infrastructure that meets the "Sest in Florida" test, whether it is like Fiddler's Creek or Mediterra at the north end of the County. Just look at those communities as "Best in Florida" right now, but I also will tell you that there are new communities coming in this County that in one to two years are going to put these to shame. If we recognize that we want to do that, we can put the assets together and cost them out and figure out whether or not we can pay for it. Mr. Sutphin stated, "Going one step beyond, if that becomes the mission and you recognize that the goal keeps getting higher, as long as the mission is unchanged, then that becomes part of the annual planning exercise that we now have to modify if we want to keep up". Mr. Ward replied. "Yes. you have to do that". One thing that you need to keep in mind, within the context of the kind of government in which we work, we levy special assessments on a yearly basis to provide for certain programs. When you get into the position of doing major capital assessments. something in excess of $7,000.000. we can actually finance those kinds of longer-term improvements over a longer period of time than one year. For example. for most of the communities that I work in right now. we do municipal bond issues that range in terms of anywhere from seven years out to thirty years. depending upon the type. quality and kinds of infrastructure that we want to do. Your annual debt service 27 Budget Sub-committee September 10, 2003 1 b I 1 (613) on a per unit basis becomes reasonable at that pOint in time. A good example is that I have done a $10.000,000 improvement program on the East Coast for a thirty-year old community that has fewer residents than Pelican Bay and it worked out to be a $12,000,000 bond issue over twenty years. The program ended up costing approximately $200.00 per unit. per year, over twenty years. In this community if you did a $10,000,000 improvement program for a $12,000,000 bond issue, you would be looking at approximately $130.00-$140.00 per unit, per year. You can do a whole lot of infrastructure improvements for not a lot of capital dollars, on a yearly basis. I am not going to be here in ten years, but someone else will be who will be benefiting from that improvement, so I don't necessarily want to pay for it all up front. so we can finance it over a longer period of time. The downside is that you have to pay the interest that goes along with that, but when you are paying for it over a long period of time and the dollar value is high, it really allows you to do some significant capital improvements for reasonable numbers at that pOint in time. Mr. Sutphin asked, 'What kind of approval is legally required and is typically obtained to embark on such financing"? Mr. Ward replied, "It is not a particularly difficult process". It is a Special Assessment, so it is similar to the process that you go through to adopt your annual Operating Assessment. It requires notification to the property owners of a public hearing that is required at the Commission level. Beyond that. the issuance of a Municipal Bond requires bond counsel, underwriters and engineers in order to issue the bonds, but the documentation is not particularly difficult. It takes approximately four months to go through that process and requires a Validation Hearing in the Circuit Court. Generally, for anybody who issues debt for longer than five years in the State of Florida, the courts have to opine that you have the legal authority to do it and that is called "validation", We go through a process to validate your Bond Issue and then we proceed forward to do it. Mr. Sutphin asked, "Do communities typically have referendums to determine whether they want a bond issue"? Mr. Ward replied, "No, they really don't". The referendum comes in the form of the Public Hearing. You send a notification to your (apdowners that says that you are going to levy an Assessment 28 Budget Sub-committee September 10, 2003 16' ] (513) and that they have the right to appear at a Public Hearing and express their input, whether good or bad. into that process. Mr. Sutphin stated. "If we are even thinking of embarking on something of this magnitude. whether it be a gated community, etc., going for "Best in Florida" status over a multi-year period, I would certainly want it to be something that had been widely disseminated to the community, with the Foundation as our partner. I would want the feeling, even before we got to the Public Notice stage, that this was something that to the best of our knowledge the community wanted and was willing to pay for. Mr. Ward stated, "The community which was done recently was an older community with relatively limited and low incomes". We spent a year really defining the program, identifying the capital improvements that were going to be made and then doing three to five big hearings with the residents outlining the program and the costs, before we ever got to the point of doing the Special Assessment Hearing. It worked extremely well, with a population of 12,000 people in 5.000 units and demographics of being older and on limited incomes, it was difficult to do that large of a capital program. Mr. Nordhoff stated, "You will even find in this community that there are demographic differences and therefore there will be problems". There will be residents, due to income and also frame of mind, who are more conservative and less willing to change and then there are probably newer, more affluent residents who want change. Mr. Ward replied, "As we say in this business, "Less than 10% of the population controls 100% of the will of the community to move forward". That 10% of the population is usually the 10% that doesn't want change. Mr. Nordhoff stated. "I have been involved in a project where our architect at the outset said. there will be 1/3 for it gung-ho, 1/3 against it rock solid and there will be 1/3 who you will have to sway to get to that 2/3rds for it". I know that you have to pre-sell for a year or more, with town hall meetings. to disseminate extreme amounts of information to convince people that it can be done at the cost you are stating. Nothing should deter us from doing that, should we choose to, but it is a process. Mr. Carroll stated, "On the Long Range Planning Committee of the Foundation, we had a group and we struggled to come up with some very significant differences like Mr. Ward has alluded to that are 29 Budget Sub-committee September 10, 2003 161 1 (BI3) being done in different places". The only things we finally came up with are to build a pier like the Naples Pier, or possibly a community swimming pool, which a lot of people said wasn't need because they had their own. We had consultants come in to provide us ideas and they all said that the beach was our main asset. In the final analysis, we did not come up with any dramatic changes that I believe fit your definition of "Best in Florida". In order to get the items you have to reach out and find what these other communities are doing. We tried to come up with things and when we had the town hall meeting, to which only fifty people attended, they all ended up saying they like it the way it is. We are going to have to rise above that mentality some how. Mr. Sutphin replied, "I see that, no matter what we do, getting the consensus of the community in advance is going to be extremely difficult". I know you remember the Ordinance sessions that were conducted. Everyone felt this was so important, but the most we had attend a meeting was fifteen residents. Mr. Ward stated. 'When you drive through Pelican Bay you get a feel for what it looks like and you can drive into Bay Colony and get a different feel for the way things appear". You can drive into Fiddler's Creek and once you are off State Road 951 you get a different feel for that community than you have in Pelican Bay and it is the same for Mediterra. Gating a community is one of the most important things that the new communities in Florida are really trying to achieve for a lot of reasons. Post September 11,2001 it a very big issue. Whether that means gating the community or providing stronger security at the front entrance to the berm, those things ought to be looked at. What I am seeing in new communities now are round-abouts. The preliminary concept of that was the fountain that you see at Pelican's Marsh before you drive into the gatehouse. If you flip that behind the gate and do it in the form of a roundabout where you can drive around it, is the latest concept in Florida for some of these newer communities. As time goes on they are getting bigger and more magnificent for residents. Providing walking access within the community is a big issue right now, not in terms of asphalt going down, but in terms of brick pavers. Walking paths that have identification mC!rkers as to what you are looking at as you are going through it is a really big asset right now In these newer communities that I am working in. On the road systems we are seeing brick paver crosswalks going in throughout the communities, which I 30 Budget Sub-committee September 10, 2003 1611(61,) think are very helpful. I am starting to see a lot of bike paths in the newer communities. I know that when we changed the signs out a few years ago it was a status quo kind of change and we spent approximately $150.000 for each sign. These days. that is a "chump change" type of number. If you look at what we did at Fiddler's Creek. we put signs in based on the concept that the community was going to develop itself out in the $250.000-$275.000 price range. Now the price range bracket is $500,000-$4.000.000 and we have spent another $1,000.000 putting in new entrances and in another two years the ones on the back side are coming out and new and better ones are going in to deal with the higher end product lines. At that point in time the growth in that community and the teardowns are going to start to happen and the lots are starting to get bigger. The same concept that happened in Pelican Bay a number of years ago. when we went from Pelican Bay Woods to Oakmont and then into Bay Colony, where you see differences in housing styles and prices, lot sizes and what people are really looking for. Mr. Sutphin stated. "You are now looking at the first tear-down in Bay Colony Shores". These things come with a price tag. To put it into perspective. Bay Colony Community Association fees. which do not include the beach club, are $3.500 a year. That fee covers the maintenance of the common elements in Bay Colony, not condominium common elements. but the fancy landscaping. access control and all of the bells and whistles. The beach club and tennis courts are subsidized and are an internal issue that Bay Colony management is dealing with. The point is it is not cheap. When you talk about this type of upgrade, there is a huge price tag that goes with it and it is that aspect that needs to be disseminated. If you are talking about round-abouts. fountains and paver block crossways does that involve taking over our own road maintenance? Mr. Ward replied. "The operating cost of that is dramatically different than what you have right now". It is a ton of money. Mr. Nordhoff asked. "By throwing out a price of $3.500 a year. could we get from you what the fees are at places such as Mediterra and Fiddler's Creek so that we can start to construct how much you get for what kind of dollars"? 31 Budget Sub-committee September 10, 2003 1 6 I 1 (!) rs ') Mr. Ward replied, "To provide you some ranges to put you in the ballpark, operationally, they run approximately $1,100-$1,400 a year right now and will probably hit the $2,000 mark in the next five years in those communities". Mr. Nordhoff asked, 'Would that be comparable to our Ad Valorem Assessment or our Foundation fees"? Mr. laizzo replied, "A combination of both". Mr. Ward replied, "No, I don't believe so". Those fees are exclusive and on top of their Foundation assessments in those communities. I don't know what their Foundation fees are, but their programs are not nearly as extensive as what you have in Pelican Bay, other than Fiddler's Creek. For debt service, they are looking at anywhere between $1,000-$3,500 a year depending upon the type and size of house that you build. Mr. Nordhoff asked, "Doesn't Pelican's Marsh have a bond issue also"? Mr. Ward replied, "Both Pelican's Marsh and Fiddler's Creek have bond issues between $40,000,000-$60,000.000 each, which are running upwards of $3.500-$4,000 per unit a year". Also. neither one of those projects are lacking in selling units. Mr. Domenie asked. "For the repayment of those bonds, is it an Ad Valorem or Non-ad Valorem Assessment"? Mr. Ward replied. "Generally, we do it is the form of a Non-ad Valorem Assessment". If you do it as an Ad Valorem Assessment you cannot limit it to just Pelican Bay, because it is a countywide Ad Valorem Assessment. Mr. Domenie stated. "I believe it would be wise to make a shopping list of all of the things that we can possibly imagine and then prioritize them as to if and when we would want them and how much it would cost". Yes, round-abouts are beautiful because the new communities have wider roads and more area. If you drive in the Vineyards there is a lot of greenery because they have the space. We don't have the space. Mr. Ward replied, "In Pelican's Marsh the roads are as narrow as a twelve foot travel lane along the boulevard", 32 Budget Sub-committee September 10, 2003 1611 B\3) Mr. laizzo stated, "The difference is that it is gated". Mr. Ward replied, "In Pelican Bay you have twenty-four feet on each side, which is a huge road right-of-way to work with to do round-abouts and to widen your medians". You have a ton a room for infrastructure in this community. Mr. Carroll stated, "Is it feasible for Pelican Bay to take over the road system from the County"? Mr. Ward replied, "I think it is feasible". There is nothing under the current law that would preclude you from gating Pelican Bay. It is really a political issue as to whether or not the Commission has the wherewithal to allow the community to be gated. The best example in Collier County is what happened in Foxfire a couple of years ago. The real issue is the cut through traffic that happened in that area. I believe the County desires to have some of these cut throughs. but they have a deleterious affect on property value when you have that kind of a thing in a community. You have to decide whether you think it is important to try to mitigate the impact of that affect and if you can, I believe there is a legal way to do it if there is the force within the community to try to do it. Mr. Sutphin stated, "I think we have rejected Option "C", unless there are members of the full Board that feel we should spend time discussing it. but I doubt that is going to happen". Option "B", is the sort of run in place option and if that is the consensus of the Board, then we don't have a whole lot of work to do. Mr. laizzo stated, "We have to fulfill the Mission which is to preserve, enhance and protect". think we have to look at the budget in terms of where do we want to spend additional dollars, is it along the U.S. 41 berm, along the tram berm, is it entrance or is it being a gated community? We have to take a position and act on it. We are still fiddling on a way to spend more or less money. Mr. Sutphin stated, "I agree conceptually, but I don't think we are fiddling". Mr. laizzo replied, 'We are still looking for the pieces and grabbing at straws". Mr. Sutphin stated. "I see as our next step is getting Board endorsement of pursuing Option #1 ". If there is not a consensus on the Board that we should stay with th?t, then we are wasting our time. Mr. Carroll stated. "I don't think you can go to the Board unless you develop some examples of what Mr. Ward has been talking about over the past few minutes". Otherwise, The "Best in Florida" 33 Budget Sub-committee September 10, 2003 1611(8/3) consists of a lot of sparks and you don't know they are. You may possible have to start with a gated community to develop some things that are reasonable, but maybe expensive, and bring them up. Mr. Sutphin replied, "Maybe I am being too simplistic, but as I see it, the status quo is to continue the current general levels of service, maintaining the existing infrastructure with an assessment implication that is probably going to grow somewhere at the rate of inflation". The other option is a change in Mission that we will develop with the objective being to emulate "Best in Florida" with an assessment implication, and to just pick something out of the air, tripling over the next five years as this picks up steam. Is the Board prepared to support that? Mr. Domenie stated, 'We need a shopping list of suggestions of what would go into our becoming the "Best in Florida" and can we do them all at once and finance it over thirty years or do we want to take them one at a time"? Mr. Sutphin replied, "You could not control them all at once". I am looking for some validation that this community would accept assessment levels three times the current rate, assuming they got value for their money. There would be well thought out and well executed programs that ultimately enhanced their property values. Mr. Ward stated, "My experience in this community is that the answer to that question is yes and traditionally has been yes". The question for the past few years is that we have not been able to articulate, with any degree of reasonableness, what that value is for what it is that we are doing. That's why I think the budget process has been so difficult for the last three years. To some extent I think you do need to articulate what we will call "Best of Florida" and put it on a piece of paper. The community and the Board will validate that, if in fact there is value in it. The same is true for status quo. We need to evaluate or articulate the value you are getting from being status quo, if any at all. Maybe some of the answer is that as a part of that analysis we are going to figure out that there is no value to status quo. there is very little value to status quo or there is a great amount of value to status quo. I don't know the answer to the question; I can just tell you that I know for the past three years the definition to the value of status quo is getting more difficult to figure out. 34 Budget Sub-committee September 10, 2003 1611513) Mr. Nordhoff asked, "Can we put together numbers on property values in our community versus some of the other communities"? Would we be able to say that in the last five years our property values have gone up 20%, but those at Mediterra or someplace else have gone up 30%? Is that data available and accessible? Mr. Ward replied, "I think it is available, but I am not so sure how understandable it will be", The reason for that is that you are going from zero to a very high number in those new communities, where in Pelican Bay you have history to look at, which you don't have in the newer communities. Mr. Sutphin stated, "You are also starting a new phase in Pelican Bay with the tear down issue". What does it take in a community when that lot becomes sufficiently valuable to tear a $1,000,000 house down and build a $2,000,000 house? Mr. Ward stated, 'With the beach access and the amenities that you have here, compared to what I see on the East Coast and in the Tampa, your prices are depressed because the level of infrastructure and quality of the infrastructure you have here are not sufficient to support the prices that you should be able to support". In the context of my life. a lot price in Pelican Bay Woods would be $1,300,000-$1,400,000 and they are $1,000,000. It is interesting to look at the differences as I travel around this State. If you go to Fiddler's Creek and look at the lot prices over there, they are $1,000,000, without water access. Mr. Sutphin stated, "I totally agree. there is an area of demographics in Pelican Bay that I believe would be heavily impacted by this, but it would be nice to get a feel for it". The older condominiums, which numerically there are a lot of residential units in that category that do not have enclosed garages and are relatively small by today's standards. is there a demonstrable upward impact on their valuation by infrastructure improvements? Mr. Ward replied. "Demonstrable". Mr. Domenie asked, 'What infrastructure are you talking about"? Mr. Ward replied. "Look at the quality of the roads, the lighting systems. the walking facilities, the gating of the communities, the round-abouts to slow down traffic to get cars off the road and to get people into the roads for walking and bicycling. T~ose all have dramatic affects on housing prices. 35 Budget Sub-committee September 10, 2003 Mr. Sutphin stated, "The key is to develop the program and market it well". I see this as a marketing issue to the community and the Foundation. If we see this as the way to go, that becomes a very important part of our job. Mr. Nordhoff stated, "There is a fundamental difference here versus Fiddler's Creek or Mediterra. in that we are going to be trying to upgrade and ask residents to spend a lot more money". Fiddler's Creek and Mediterra are selling an upgraded community to a new buyer and that buyer isn't being asked to spend more money than he used to spend. Aren't they selling to a more affluent buyer than we have as a resident? Mr. Ward replied, "No, I don't find the affluence of the buyer in Fiddler's Creek or Pelican's Marsh any different than what I find the residential base in Pelican Bay to be". I actually think they are being asked to spend more, they are not unsophisticated buyers, they are not coming to Pelican Bay and looking at property before they decide to by in Fiddler's Creek. The fact is that they are spending more money and are being asked to spend more money to buy in those communities based on the level of that infrastructure and they are choosing to make the decision to spend more money because of what they are getting for those dollars. The downside is that I think many are going to want to keep the status quo and not want to spend a dollar more. The fact is that is probably not the right way to look at it, because I think people will come in and be willing to spend more money for the property if the value is here. You have to be able to show them the value and that is what we have really tried to do over the past few years. What we have tried to do has been very limited. Mr. Nordhoff stated, "I am worried about the resident such as the lady who wrote the letter about us now charging $5.00 for a guest fee". That mentality is out there and as soon as you start talking about significantly increasing costs, you are going to run into a lot of flack. Mr. Ward replied, "As I said. 10% of the population will control 100% of what you do in the future", The will of this community is whether or not Board's or elected public officials have the spunk to get up and say we need to move beyond this issue and recognize that Jhere is a brighter future for us and a better vision for our residents. or the heirs that we are going to leave our property to. beyond what we have here today. 36 Budget Sub-committee September 10, 2003 16' (B13 Mr. Domenie stated, "I am not a golfer, but isn't a lot of that also influenced by the ability to play golf"? If you buy in Stonebridge you automatically become a member of the golf club and you have to pay the maintenance, etc. even if you don't play golf. Aren't some of these communities developing because of their golfing facilities? Mr. Ward replied, "They all have golf and in this State golf is a losing proposition and operation", There has not been one golf course developed in this State because people like to play golf. Golf courses are developed because people like the views and developers can charge a ton of money to have a golf course or water view. If you look at it, the amount of money that it costs them to take the land for golf courses out of production is well overcome by the value that they get for having those views. Naples has the interesting statistic of having the highest number of golf holes per capita, but that is why golf courses get built. Mr. Nordhoff stated, "There is a downside to those free golf course memberships because when they get so many members the residents cannot get tee times, it becomes a negative, but it can and does happen". Some clubs are not 350 members as a charging golf course might be, it is a membership of 600-700 and then you get to play occasionally when you can get a tee-time. The first residents in get the benefit for a few years. Mr. Sutphin stated, "There are only three country clubs in the Naples area that do not have a waiting list to get out and Pelican Bay is one of them". Mr. Domenie stated, "The Social Memberships are falling". Mr. Carroll stated, "Pelican Bay has 530 members and we have approximately 13,000 residents". I belong to Quail Creek and 180 of our total membership are Pelican Bay residents. Mr. Nordhoff asked, "\ am still wondering about ways to show that spending more will bring you more value and if you can't do it countywide, I am wondering if we can look at Bay Colony where you are telling us what you spend"? I am of a mind that resales in the high-rise condominiums and the single- family residences have appreciated more in Bay Colony than anywhere else in Pelican Bay. Mr. Sutphin replied, "The high end real estate market in Naples, and in general, has gone to pot". Mr. Nordhoff stated, "If you make your base 1995, that may work". 37 Budget Sub-committee September 10, 2003 16' 1 (5 \3 ) Mr. Sutphin replied, "I know what has sold Bay Colony and that is one word, "exclusivity". It is a gated community; it has a private beach club and private tennis. Mr. Nordhoff stated, "And it costs more, which says something about the people who are looking to buy there". Mr. Ward stated, "That is exactly what you have in Pelican Bay without the infrastructure to support it". You have a non-gated community that has beach access. Mr. Sutphin stated, "There are a lot of Bay Colony type things that can be emulated in Pelican Bay at a cost". Mr. Nordhoff stated, "Maybe that is the way to go". We could get the rest of our Pelican Bay residents to get more knowledgeable about and interested in what those infrastructure benefits have brought in property values. Mr. Sutphin replied, "That is what it is all about, what is the return on spending money for exclusivity. going forward, in terms of property value? Mr. Carroll stated, "You are on to something that appeals to me, I understand what you are saying". Mr. Nordhoff stated, "Bay Colony's golf course is separately removed and separately joined. so it is comparable to the Club at Pelican Bay". Mr. Sutphin stated, "We are not members of the Bay Colony Golf Club". There is a relatively small membership and I do not know where the cap is. but there are over 1,000 residents in Bay Colony. Mr. Nordhoff stated, 'We could make a list of all of the additional enhancements that cost S3.500 a year". There are numbers available. Mr. Sutphin stated, "I know that Ms. Karen Todd will be more than happy to provide budget figures". She had previously provided me the access control budget, which I shared with Mr. laizzo. Access control is a $400,000 a year budget item. What you have to be careful of in looking at those numbers is that the tennis facilities are heavily subsidized. The fine dining facility at the beach club is subsidized and it cannot stand on it's own, but the beach club is a separate assessment. / 38 Budget Sub-committee September 10, 2003 1611(8\~' Mr. Nordhoff replied, "The Foundation subsidizes our restaurants and our tennis in Pelican Bay". You are throwing the Foundation into the mix, but in a similar situation, perhaps we could combine with the Foundation and start talking about what they subsidize and what we spend and make a situation comparison. So to speak, Bay Colony is our kid who went to Harvard and that is what we want to show off. Mr. Sutphin stated, "There is a reasonable demographic mix in Bay Colony". There are 2,000 square foot condominiums and there are 12,000 square foot single-family houses on The Strand. There is the same demographic mix but newer and in a controlled environment. Mr. Nordhoff stated, "If we choose to take "Best in Florida", maybe there is a way that we can show some examples of what you get when you pay for it". Mr. Sutphin stated, "It was never my intent to imply that we should take all of it, but I think there is a consensus that we should seriously look at upgrading the levels and kinds of services that we provide, to bring exclusivity to Pelican Bay". Mr. Carroll stated, '" believe at some point the Foundation is going to be critical and if we don't get them joining us there are going to be some problems". Mr. Sutphin stated. "Absolutely, if we don't have the Foundation as a partner, this is not going to work". Mr. Carroll stated. "If you bring this before the Foundation Board and they are all as excited as I suspect we are, it could be that we need to have a joint Board Meeting with them to allow them to get the same feeling". Mr. Sutphin replied, "I would love to have a Joint Workshop if the Sunshine Laws would allow it". Mr. Ward replied, "As long as it is a Joint workshop yes, we could advertise it and record it". Mr. Sutphin stated, "If the Board concurs with the general approach at the October Meeting, we could try and schedule the next meeting of the Budget Sub-committee to be such a Joint Workshop". Mr. Ward replied, "I think that is reasonable". Mr. Nordhoff stated. "You would have to give them some advance warning and more than a week". 39 Budget Sub-committee September 10, 2003 16 I 1 (e \3' Mr. Sutphin stated, "Subject to the approval of the Pelican Bay Services Division Board at their October Meeting, I would like Mr. Carroll to organize a Joint Workshop". Mr. Carroll stated, "Having just gone through a Long Range Planning review I suspect the Foundation might think we are going too fast and overboard". The Foundation just went through that and this is where we came out and now you are talking about jumping way ahead to something bigger and better. I see a sales job with the Foundation. Mr. Sutphin stated, '" also believe that there may be a misconception in adopting a strategy of working towards exclusivity and a change in our mission to work towards the "Best in Florida" or however we choose to define it, and that it does not necessarily mean that we are going to spend any more money next year". The planning for this kind of thing, particularly given the constraints that we operate under, is not something you can grind out over a long weekend. I would want the Foundation as my ally and partner and not as my adversary or we are wasting our time. Mr. Nordhoff stated, "The community would not understand if we are not allies and we would be quickly dismissed". Mr. Sutphin replied, "It also would not work, the Foundation controls too many of the pieces". Mr. Nordhoff explained, 'We ultimately have to get to the Pelican Bay Property Owners because they have taken umbrage with a lot of things in the past that are forward thinking". Mr. Sutphin stated, "I don't now about the politics of the Pelican Bay Property Owners and the Foundation, but in the best of all worlds you would have all three groups around the table and hopefully come to a consensus of what is in everybody's best interest". Mr. laizzo stated, 'When I look at the Mission Statement I see the word "enhance" and I think that is where we want to go to "enhance" the community? Can we come back next meeting with a list of what you see as enhancements? Mr. Sutphin replied, "I agree". Mr. laizzo stated, "I think the Commission is going to throw gated community right out, but we can start there". Before we talk to the Foundation we have to know firmly what we want to move ahead with. otherwise we are just going to be f1ounderir;>g. 40 Budget Sub-committee September 10, 2003 Mr. Carroll asked, "Mr. laizzo, who did you say would throw the gating out"? Mr. laizzo replied, "I think the Commissioners would throw out the notion of a gated community out". Mr. Carroll replied, "I don't know that they have a choice". Mr. Sutphin stated, 'We have all agreed that we would come to the next meeting with a wish list of things that would go into making up the enhancements to the community". I think it would be very helpful if you could provide us a list of your views. Mr. Ward, I would also greatly appreciate a list of "can't do's". Things that we legally should not even consider or if you think the politics are so overwhelming that we embarking on a Don Quixote type issue, let's not go there. Mr. laizzo asked, "Mr. Ward, who has the final word on the approval of a gated community"? Mr. Ward replied, ''The Board of County Commissioners". Mr. laizzo stated, "My feelings are very strong that the Commissioners are not going to support changing to a gated community". I would go with a partial gating and take the single-family homes if they wanted to be gated and gate that area. Mr. Ward stated, "Maybe I am hardened to political bodies who say no we won't ever do anything". The bottom line in this State is that with the right Influence, at the right time, depending upon what you want to do, you are going to get it done. We just need to work on it and see how best to accomplish it if that is what you want to accomplish. Mr. laizzo replied, "I think that would help to preserve our beaches also". We are worried about access through the community, which I don't foresee, but that would help to kill that idea entirely. Mr. Ward stated, "Gating a community is an interesting concept, but if you want to do it you ought to try it". To me it is that important of an element. Mr. Nordhoff asked, "Has it been done before or have all of the gated communities been built as gated communities from the start"? Mr. Ward replied, "No. it has been done before, not so much in Collier County, but it happens all the time in Florida". 41 Budget Sub-committee September 10, 2003 '\ 161 Lce\3, Mr. Nordhoff stated, 'We have a lot of ingress and egress points. more so than I think a community that is built to be gated would have", Mr. Ward replied, "Pelican Bay is more of a cost issue than anything else". It can be done. but fortunately or unfortunately, when this community was designed it was designed with a ton of access pints, half of which are not even needed. Mr. Nordhoff asked, "Crayton Road is closed off at the Registry and I wonder if we could close off North Pointe"? Mr. Domenie stated, "You could close off North Pointe Drive, but for the Waterside Shops and the church you would have to consider shutting off access below that". Mr. Ward explained, "Interestingly enough when this community was developed, both Crayton Road and West Boulevard were closed". Gulf Park Drive is a non-essential entrance on to U.S. 41. There are couple accesses within this community that not essential to traffic flow for the Pelican Bay community. They might provide easy access for a minority of the community, but for access it is not really that important of an element. There are a ton of things that you can and should look at. Mr. Sutphin stated, "I would certainly not see it as a "give me" that the County Commissioners would approve gating the community, but there is no legal barrier to us pursuing a gated community, Mr. laizzo asked, "Do you think this would have to be played with the community first before we would pursue it to the higher levels". Mr. Sutphin stated. "It first has to be played with the Foundation and the Pelican Bay Property Owners". If the elected representatives of those organizations support it. then I would suggest that we discuss a joint marketing program. There is a Pelican Bay Men's Coffee every Tuesday morning. There are a lot of get-togethers in the community that would provide a vehicle for disseminating this kind of a thing in bits and pieces. Once you start that, I have a feeling that you would start to get feedback because people talk and some of that talk may be that they are going to double my taxes. Mr. Nordhoff stated, "If you can keep them with an open mind long enough to show them what they are going to get for their money it would work", 42 Budget Sub-committee September 10, 2003 16' 1(8 t3 ) Mr. Sutphin stated, "If you can generate enough interest for people start attending these meetings then you don't have to do it two or three times". Mr. Carroll stated, "I would like to suggest that I be able to get Mr. Trecker to attend these meetings". Mr. Trecker needs to warm up to this situation. I know Mr. Trecker's term expires in March and he may go off the Foundation Board at that time. The Foundation is also overwhelmed with the major expansion that is going to happen at the Hammock Oak Center. Mr. Nordhoff asked, "Is there someone who will probably surface as the next chairman"? Mr. Carroll replied, "I would not even speculate on that". Mr. Nordhoff stated, "It would be nice if we could start cultivating the next person". Mr. Sutphin asked, "Should Mr. Kinney attend these meetings"? I would like the Foundation Board to know that we are in this process that is the early stage of a long range planning process and we would absolutely welcome their attendance and active participation in the dialog. Mr. Carroll stated, '" am a little afraid of ascending on the Foundation with this grand plan and wish that they were sitting in this audience today". Mr. Sutphin explained, "The Foundation has to be our partner and has to support what we think is the way to go and if they don't we need to question are we on the wrong track"? Mr. Nordhoff stated, "If the restaurants, tennis and berm just continue to flounder along, we are not going to be able to make that much impact by enhancing what we control". All of those elements have to be moving forward in the same direction. Mr. Sutphin mentioned, "Upgrading the ambiance in one of the restaurants may be an element that they see as being possible". Mr. laizzo stated, 'What the Foundation has found is that people are coming to the beach, sitting on the left side of the restaurant and having their own drinks". They bring their own private drinks to the beach and watch the sunset. The Foundation is going to stop that and put a bar in that area. Mr. Sutphin explained, "Bay Colony addressed that issue':. We participate with other clubs as a reciprocal in the off season and for the first time this year they have put in a users fee for reciprocal 43 Budget Sub-committee September 10, 2003 . 611 ~'3: guests, which they can apply toward food and beverage purchases. but they were coming and using the towels and chairs and not spending any money. ADJOURN There being no further business the meeting adjourned at 4:15 P.M. Christopher F. Sutphin, Chairman 44 Fiala Halas Henning Coyle Coletta 1611 (€l~ ') MEETING NOTICE: Collier County Affordable Housing Commission What: AFFORDABLE HOUSING COMMISSION/ AFFORDABLE HOUSING ADVISORY COMMITTEE Where: HUI DEPT. CONFERENCE ROOM 3050 NORTH HORSESHOE DRIVE #275 When: THURSDAY January 16, 2003 8:30 A.M. ' COMMISSION/ COMMITTEE MEMBERS- Who: Jeffery Cecil Mario Valle Bruce Mumm Jack Houton David Ellis Joe Foster Ray Cadwallader Richard Snyder Ruth Grant AGENDA Fax # 593-2990 455-7515 434-6491 261-1451 436-3878 430-3303 Other Staff Fax# Susan Golden 213-1045 Marcy Krumbine 353-7127 1, Approval of Nov. minutes 2. Distribution of the County Employee Housing Survey 3. Strategic Plan; Letters, Schedule 4. Update on Inclusionary Housing Ord., Impact Fees, & Linkage Fees 5. Commission Goals (Housing Fair?) 6. Other business h':"c;, Cene:;: 0, '8: ldl~ t)-) ! . N \l.!>l:t, \ ~\L.\. C,,, To: AFFORDABLE HOUSING COMMISION AFFORDABLE HOUSING COMMITTEE 3050 N Horseshoe Dr #275 Office of Financial Administration & Housing 2/20/2003 1611'(~\~) ROLL CALL Jeff Cecil Mario Valle Bruce Mumm (moved seat expired) Jack Houton David Ellis Joe Foster Richard Snyder Ruth Grant Rayburn Cadwallader ABSENT X X X PRESENT X X X X X X Staff: HUI Cormac Giblin Wendy Klopf X X Citv of NaDles: Susan Golden X Loan Consortium! County Extension: Marcy Krumbine X The meeting was held at the FAH Conference room 3050 N Horseshoe Dr. #275 and called to order at 8:37 by David Ellis. .:. Quorum was not present so minutes from the January 2003 meeting was not approved. Discussion: .:. Information from Cormac on the State Representative on the State Housing Trust Fund and the potential loss of funds to Collier County. A potential loss of client funding and jobs could be lost and the effect ofthe number of clients to be served by the loss of funding. 1611 (B~~) .:. A resolution and letter of support for the BCC meeting, Donna Fiala to introduce the opposition to our representative with the state about the Housing Trust Fund and the role it plays in our County. This letter is to be approved and signed by the AHC for our support as well. .:. Housing Fair is Saturday June 7,2003 @ the Golden Gate Community Center gym. Possible room charge of$20.00 an hour for use of space. Time 11-2 Not for Profits- free Vendor fee- $50.00 Need Account to funnel checks through for the Fair. CBIA could do it again if we cannot find another source. Look at setting up a subcommittee to meet and work out more details. Possibilities of having a Credit Bureau Reports pulled for a nominal cost or ask a bank to sponsor the cost of the reports. Schedule meeting at GGCC to see room and meet there. .:. Jamie Ross from 10,000 Friends of Florida will be having a workshop with the BCC on Monday March 10th. .:. Looking into the non-conforming lots available in Golden Gate Estates. These lots were subdivided prior to 1978 and are now less than the 2 1/4 acres. These are scattered sites throughout the estates and have no relative value. Look at the possibility of building Affordable Housing on these 45 non-conforming lots. What would it take to get approval from the proper authorities to allow building on these sites? Next meeting Thursday April 17th @8:30 HUI Conference room 3050 N Horseshoe Dr. #275 Adjourn: David Ellis at 9:40 am I ) Fiala Halas Henning Coyle Coletta MEETING NOTICE: 161 1 (BIL1 ) Collier County Affordable Housing Commission What: AFFORDABLE HOUSING COMMISSION! AFFORDABLE HOUSING ADVISORY COMMITTEE Where: 2800 North Horseshoe Dr. Communty Development Division Bldg. CONFERENCE ROOM C. When: THURSDAY April 17, 20038:30 A.M. COMMISSION! COMMITTEE MEMBERS- Who: Jeffery Cecil Mario Valle Bruce Mumm Jack Houton David Ellis Joe Foster Ray Cadwallader Richard Snyder Ruth Grant AGENDA Fax # 593-2990 455-7515 434-6491 261-1451 436-3878 430-3303 Other Staff Fax# Susan Golden 213-1045 Marcy Krumbine 353-7127 1. 2. 3. 4. 5. Approval of Jan, Feb, & March minutes Update on Inclusionary Housing Ord., Impact Fees, Linkage Fees, etc. Housing Fair- June th Presentation of plaque to City appointee Other business I t.", _ .~~. " r. ~',. , ..;::>. 'J 'C}' ,........ \" \.....'"J (d'",.~ ILPci) \ ~'4-- ;.'c:s To: AFFORDABLE HOUSING COMMISION AFFORDABLE HOUSING COMMITTEE 3050 N Horseshoe Dr #275 Office of Financial Administration & Housing 4/17/2003 ROLL CALL Jeff Cecil Mario Valle Bruce Mumm (moved seat expired) Jack Routon David Ellis Joe Foster Richard Snyder Ruth Grant Rayburn Cadwallader ABSENT x X X Staff: HUI Cormac Giblin Wendy Klopf Citv of Naples: Susan Golden Loan Consortium! Countv Extension: Marcy Krumbine 1611 (~\>\ ') PRESENT X X X X X X X X X X The meeting was held at the Community Development Conference Croom 2800 N Horseshoe Dr. and was called to order at 8:45 by Cormac Giiblin. .:. Quorum was present. A Motion to approve the January, February & March minutes were made by Joe Foster; Richard Snyder seconded the motion; vote taken and the motion was carried. Discussion: .:. Workforce Housing Workshop. Board support for 4 items. 1. Modified Universal Linkage fees- spread out land use. 2. LDC Amendments- Change in Land Development Code. 3. Housing Development Corporation- For land acquisition & larger projects for construction implementation. 16 I 1 ~\L\~ 4. Fast Track- CRA Economic Development- Re-establish a process to get a clear-cut review time & reasonable time frame for applications. .:. City of Winter Park for 10 years has been using a Modified Linkage Fee at a lower cost of 10-50 cents a square foot. It has brought in dollars for the community to use on Affordable Housing. .:. A HDC can administer programs for land acquisition and large projects and construction implementation. .:. The fast Track process in permitting can re-establish a process to cut the time a project is kept in review and can speed up the whole process. Target Affordable Housing projects. .:. The Work Force Housing Task Force to come up with a plan to implement a housing strategy and the AHC to support the WFHTF recommendations. Motion by Ray Cadwallader second by Jeff Cecil motion carried. .:. For the annual SHIP report a certification needs to be signed by the BCC and County Manager to certify that the decisions made for housing issues and how they effect the costs to Affordable Housing per each housing unit. It is a state statute that helps to track dollars per dollars. A new state law as ofthis year. .:. Civic Associations are being created in the Immokalee area and at the large farms so that the homeowners can voice their concerns and opinions regarding housing issues. Commissioner Coletta is involved in the establishment of this hoping that the civic organizations and maybe the HDC could work together for housing concerns. (6 L's; Copeland: Dove Street etc). .:. Housing Fair: Is June 7th 2003 @ the Golden Gate Community Center. The Large Gym is going to be used this year. There are 40 tables at the GGCC, looking for more tables from facilities. Possible to have facilities to set up tables and what is the charge for that. Ray had a church database and requested we send the information so that it could be included in the church bulletins. Marcy will emaillast year's flyer so that we can change the information and print a new one. Looking for a bank to sponsor credit reports. Donations? Drawings? Prizes? Advertising in the Golden Gate Gazette for 2 weeks and the Everglades Echo. Looking into getting translators in Spanish & Creole to be at the Housing Fair to help out the non-English speaking attendees. 1 6 I ll~\~~ WINK TV morning show Friday am June 6th. Small spot about Housing Fair. Meet week of May 29th to firm up all details for HF. .:. Plaque given to Ruth Grant by Susan Golden of the City of Naples for her service to the community for serving on the AHC. Next meeting Thursday May 15th @8:30 Community Development Conference Room 2800 N Horseshoe Dr. Adjourn: David Ellis at 10:00am fia\a \-\a\as \-\enmng~ CO'j\e ~ Collier County co\etta Affordable Housing Commission MEETING NOTICE: 1611 $\~ What: AFFORDABLE HOUSING COMMISSION Where: 2800 North Horseshoe Dr. Community Development Division Bldg. CONFERENCE ROOM C. When: THURSDAY May 15, 2003 8:30 A.M. COMMISSION/ COMMITTEE MEMBERS- Who: Jeffery Cecil Mario Valle Jack Houton David Ellis Joe Foster Ray Cadwallader Richard Snyder AGENDA 1. Approval of April minutes 2. Housing Fair- June ih 3. Impact Fee Amendment 4. SHIP Budget 5. Meeting schedule 6. Other business Fax # 593-2990 455-7515 261-1451 436-3878 430-3303 Other Staff Fax# Susan Golden 213-1045 Marcy Krumbine 353-7127 r..; ",^ ~;..., S,~;) ,j ,). !'l'rl' - -. L \o~ _ Lnf'-"". \(pL~\~14 Co;r8S 10: 1611 ll(i'; AFFORDABLE HOUSING COMMISION AFFORDABLE HOUSING COMMITTEE 3050 N Horseshoe Dr #275 Office of Financial Administration & Housing 5/15/2003 ROLL CALL Jeff Cecil Mario Valle Bruce Mumm (moved seat expired) Jack Houton David Ellis Joe Foster Richard Snyder Rayburn Cadwallader ABSENT X X X PRESENT X X X X X Staff: HUI Cormac Giblin Wendy Klopf X X City of Naples: Susan Golden X Loan Consortium! County Extension: Marcy Krumbine X The meeting was held at the Community Development Conference Croom 2800 N Horseshoe Dr. and was called to order at by Cormac Giblin. .:. A quorum was not present so the April minutes were not approved. A correction to the minutes of last month as Ruth Grant was given a plaque for her service to the ARC. Her name was accidentally typed as Ruth Snyder. Brought to our attention by Richard Snyder. Discussion: .:. Housing Fair: Looking for more vendors & monies. An ad is running in the Golden Gate Gazette for 2weeks. Thursdays May 29th & June 5th. 1. Community Bank will sponsor 10 free credit Reports for people who have their documentation. 1611 2. Mike: 40 tables, Facilities may be able to set up to set up on Friday night. Other wise a group from the ARC will set them up. Mike send to PIa for Press Release and Cormac to do subscribers email. Jack going to Schools and Hospital with flyers. 3. Joe will get balloons and table skirts, David the food, FAR will make signs and do the registration table .:. Amendment going before the BCC regarding Impact Fees for Affordable Housing PUD's. 1. Letting the developer pay for 50% of the Transportation Impact Fees at the time of Permitting to alleviate the funding problems that the developers have up front. Allowing the "Waiver" on any home less than 150K with no participation in an income-qualifying program. 2. Rental projects-Bonds having Tri-Party agreements signed between all the parties. 3. Penalty Stage- What happens if the developer does not build as he intended, what the Counties recourse is, .:. SHIP Budget- for 2003-2004 a look to where the monies will be spent on for the SHIP program. Budget amount $3,417,600. Included per the BCC a $100,000 from the General Fund to be loaned as seed money for start up of Non Profit Housing Development Corp. .:. Housing Workshop in Copeland Saturday May 17. Meeting with the residents of Copeland to see what their needs are and how to achieve a goal to help the entire community. Departments represented will be FAR, CDBG, Impact Fees, & Planning. .:. There are 2 vacancies on the on the ARC, looking for candidates to fill the positions. .:. Looking to change the meeting schedule due to the 3rd Thursday of the month is now a problem for Mario Valle due to a conflict with another meeting. .:. Meeting adjourned 9:35. Next meeting Thursday June 19th @8:30 Community Development Conference Room 2800 N Horseshoe Dr. Adjourn: David Ellis at 10:00am (!>\I\) 1611 G NOTICE REMINDER: l~\'\) Fiala Halas Henning Coyle Coletta Collier County Affordable Housing Commission What: AFFORDABLE HOUSING COMMISSION Where: 2800 North Horseshoe Dr. Community Development Division Bldg. CONFERENCE ROOM B. When: THURSDAY June 19, 20038:30 A.M. COMMISSION/ COMMITTEE MEMBERS- Who: Jeffrey Cecil Mario Valle Jack Houton David Ellis Joe Foster Ray Cadwallader Richard Snyder Fax # 593-2990 455-7515 261-1451 436-3878 430-3303 Other Staff Fax# Susan Golden 213-1045 Marcy Krumbine 353-7127 AGENDA 1. 2. 3. 4. 5. 6. Approval of April minutes and May notes. Housing Fair wrap-up. Summary of the now sunsetted Workforce Housing Committee. Creation of new Housing Development Corp. (HOC) / CHDO. Meeting schedule. Other business 0;;'+0' J "::)),-. I.. - "ce" ~ Itt,1)N ItnL:c)IB" ~ To: , I, 1611 G NOTICE REMINDER: ~\~ .I Collier County Affordable Housing Commission What: AFFORDABLE HOUSING COMMISSION Where: 2800 North Horseshoe Dr. Community Development Division Bldg. CONFERENCE ROOM C. When: FRIDAY August 15, 20038:30 A.M. COMMISSION/ COMMITTEE MEMBERS- Who: Jeffrey Cecil Mario Valle Jack Houton David Ellis Joe Foster Ray Cadwallader Richard Snyder Fax # 593-2990 455-7515 261-1451 436-3878 430-3303 Other Staff Fax# Susan Golden 213-1045 Marcy Krumbine 353-7127 AGENDA 1. Discussion Regarding Creation of new Housing Development Corp. (HOC) 1 CHDO. 2. Meeting schedule. 3. Other business Date: 1~~D3_ ,if lLli)) b\4 Te: 1611 ~~) AFFORDABLE HOUSING COMMITTEE 2800 N Horseshoe Dr Community Development & Environmental Services Building August 15, 2003 ROLL CALL Jeff Cecil Mario Valle Jack Houton David Ellis Joe Foster Richard Snyder Rayburn Cadwallader ABSENT X PRESENT X X X X X X Staff: HUI Cormac Giblin Wendy Klopf x X Citv of Naples: Susan Golden X Loan Consortium! Countv Extension: Marcy Krumbine X The meeting was held at the Conference Room C at 2800 N Horseshoe Dr, Community development Division Building and called to order at 8:45 by David Ellis. A quorum was present. Minutes from previous meeting were not on hand to approve. .:. Introduction of Deborah Forester formerly of government and private sector work interested in Affordable Housing and in he development of the HDC. .:. The Workforce Housing Task Force assignment is just about complete and work that is to carry forward to the LDC recommendations in regards to Linkage Fees and the HDC. .:. Funding for the HDC of$100K was tabled by the BCC at the Sept 9th board meeting. It will be brought up again at the next BCC meeting using different funding strategies. The new funding sources is the Marco Island Inter-local agreement of$59K and repayment of$39K on and old CDBG loan. <- Empowerment alliance in Immokalee is the only CHDDD in COli! ~nnt 1 ~~\0.. ') they are serving the Immokalee area and not the Naples area. There is a need for another HDC to carry on work for the Naples area. .:. Civic Associations are being set up throughout the county to assist with the Commissioners with the need ofthe particular communities. Another way for the HDC to assist residents. .:. Set up meetings with the Commissioners to update them and help to pass the HDC approval before the next board meeting. Hope to have someone from the ARC and Cormac to meet individually with each Commissioner for a short period oftime to express the concerns of the ACH to aid in the establishment ofthe HDC. .:. Possible visionary meeting to be set up not in a county setting, hope to have 25 people from either the EDC or CBIA office. Looking for private citizens politically high profile people to sit on the board of the HDC. 1/3 of board members need to be low-income individuals. .:. Possible meeting date of September 16th to look into the board formation and to see the interest in the community. Looking for person to mediate meeting suggestion of Mary George to be the moderator. Motion made on the issue by Ray and seconded by Joe, Motion carried. .:. Need to get names of potential members to either Joe or Cormac. Hope to send letter last week of August or flfSt week of September. .:. Permanent change ofthe ARC meeting to the 3rd Friday ofthe month. .:. Paint Your Heart Out scheduled for October 25th 2003 tentative. Looking for help to coordinate project. .:. A mission statement for the HDC needs to be created to establish the focus of the organization. .:. Golden Gate City Joint Task Force- are representatives from Police, fire, school, health, code enforcement, housing, and other department to look into the overcrowding issue with Golden Gate City. Cormac attended the meeting with the other departments and the GGCJTF. .:. Meeting adjourned 10:00am. Next meeting Thursday September 19 @8:30 NEW Conference room 2800 N Horseshoe Dr. Adjourn: at 9:20 am Fiala Halas Henl1ing . Coyle ~/ Collier County Coletta ~rdable Housing Commission 1611 TING NOTICE REMINDER: ~\~ What: AFFORDABLE HOUSING COMMISSION Where: 2800 North Horseshoe Dr. Community Development Division Bldg. NEW Conference Room When: FRIDAY September 19, 2003 8:30 A.M. COMMISSION/ COMMITTEE MEMBERS- Who: Jeffrey Cecil Mario Valle Jack Houton David Ellis Joe Foster Ray Cadwallader Richard Snyder Fax # 593-2990 455-7515 261-1451 436-3878 430-3303 Other Staff Fax# Susan Golden 213-1045 Marcy Krumbine 353-7127 AGENDA 1. Call to orderl Approval of minutes 2. Presentation by Cecilia La Villa-Travieso of Fannie Mae 3. Discussion by Mark Johnson of Naples Custom Town Homes regarding govemmental barriers to producing workforce housing in Collier County. 4. Discussion Regarding Creation of new Housing Development Corp. (HOC) 1 CHDO. 5. Distribution of White Paper prepared by Ray Cadwallader 6. Other business I, ,: t :..}~ 7. Tour of new FAH Dept. offices. JdU02_ IULr')) ty,Ll :, To: ria\a Ha\as Henning Coy\e co\etta - 1611 ~\I.\) AFFORDABLE HOUSING COMMISSION AFFORDABLE HOUSING COMMITTEE 3050 N Horseshoe Dr #275 ffice of Financial Administration & Housing 3/2012003 ROLL CALL Jeff Cecil Mario Valle Bruce Mumm (moved seat expired) Jack Houton David Ellis Joe Foster Richard Snyder Ruth Grant Rayburn Cadwallader ABSENT PRESENT X X X X x X x X X Staff: HUI Cormac Giblin Wendy Klopf X X Citv of Naples: Susan Go Iden X Loan Consortium! countv Extension: Marcy Krumbine X The meeting was held at the Community Development Conference Croom 2800 N Horseshoe Dr. and called to order at 8:45 by David Ellis. .:. Quorum was not present so minutes from the January 2003 & February 2003 meeting minutes were not approved. Discussion: .:. Housing Fair- I"" u; ;C:'i; 1. ~~~~~s to be made payable to CBIA for the vendors to submit L;o~;~~ Ii ~ , IIp l t-~ Ybj1-~ To: 1611 ~\~ 2. There is no fee for the use of the Golden Gate Community Center gym. Looking into the number oftables available for use. 3. Looking for last year's flyer to update and to email to committee members. 4. Information is being given to Mortgage Bankers Assn for their monthly meeting and newsletter. 5. Thursday March 2th @ 9: 00 subcommittee meeting at GGCC to look at GGCC to look over the site. 6. Looking into promotional materials and where to promote the Housing Fair. Jean Merrit to do PS Announcement, add in Golden Gate Gazette, article in NDN. Etc. 7. Items looked at are a Play House Raffle, McGruff the Crime Dog? .:. Friday April 4, 2003 from 9-12 Workshop with the BCC for recommendations to the BCC from the WFHC. Inclusionary Zoning & other ideas that have come out of the committee and where to go from here for "Work Force Housing" .:. April 4 & 5 HALO Housing Exhibition at FGCU. Looking at services for Seniors and Special Needs. .:. Susan Golden & Paint Your Heart Out will be October 25th in conjunction with "Make a Difference Day". More info to come. .:. Comments from Richard Snyder on the FODD and their activities and information on lands they own on Golden Gate Blvd. and the work they would like to continue to do for their clients. Next meeting Thursday April 1 th @8:30 Community Development Conference Room 2800 N Horseshoe Dr. Adjourn: David Ellis at 9:20 am ......... 1611 i ) ~:\i~::S:' /' .....rnr~T .IER COUNTY LIBRARY ADVISORY BOARD ;'1enn.ii1.g: V ~: Wednesday, Octob~r 1, 2003 Coyle _ ~ ~ _ Headquarters LIbrary C;oletta . . . AGENDA Call to order Approval of Minutes Reports of Officers Communications a - written b - Personal Unfinished Business 1. Immokalee Library Construction 2. Employee of the Month Nominations for September 3. Long Range Plan 4. Meeting date for October New Business General Considerations Director's Report Report of the Friends Adjournment (BIS) ~l ~}st~ I~ll ~\~ ,~~ 'io: 16/1 (6\5) Naples, Florida, August 20, 2003 LET IT BE KNOWN that the LffiRARY ADVISORY BOARD met on this date in regular session at 3:20 p.m. in the Main Library with the following members present: CHAIR: Doris J. Lewis VICE-CHAIR: Sabina Musci Diane Williams ABSENT: Jaculyn K. Dering ALSO PRESENT: Marilyn Matthes, Assistant Director Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of May 28,2003 on both, the regular and the annual meetings. Mrs. Lewis pointed out a minor correction to the annual minutes. Ms. Musci moved, seconded by Mrs. Williams and carried unanimously, that both the regular and the annual minutes be approved as corrected. REPORTS OF OFFICERS - None COMMUNICATIONS - None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employees of the Month for June, July and August. Ms. Musci moved, seconded by Mrs. Williams and carried unanimously to select John Walters for the month of June, Andrea Taylor for the month of July and Donna Sisco for the month of August. Mrs. Matthes stated that the Immokalee Library construction has started and is moving right along on schedule. NEW BUSINESS - None GENERAL CONSIDERATIONS Mrs. Lewis asked if the Law Library materials had been moved to the Naples Branch Library. Mrs. Matthes responded that they indeed had. DIRECTOR'S REPORT 1611 C~\S) Mrs. Matthes stated that the A/C noise reduction work at HQ had been scheduled for August 26th and 2ih. She also stated that a contract with the architect firm of Barany, Schmitt, Summers and Weaver had been signed for the Golden Gate Branch expansion. Mrs. Matthes continued by saying that the Secretary of State had been here earlier to tour the Library Headquarters. Lastly, Mrs. Matthes stated that the Headquarters Library would be open on Sundays from 1 to 5 p.m. year round and that the Naples Branch would be open on Sundays from 1 to 5 p.m. only from January to Easter time. REPORT OF THE FRIENDS - None ADJOURNMENT There being no further business to come before the Library Advisory Board, Ms. Musci moved, seconded by Mrs. Williams and carried unanimously, that the meeting be adjourned. Time: 3:1) p.m. "iaia :: J ~ ~~~~irtg . ~ / = Coyle / =- Coletta =- ( - - 161 1 (B\<O "".(,..\- AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 16,2003 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZA nON OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that two (2) members of the Collier County Planning Commission (Dwight Richardson and Bob Murray) are also members of the Community Character/Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character/Smart Growth Advisory Committee from time to time. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES -!'!!JOT AVAILABLE AT TIME OF MAILOUT i 5. PLANNING COMMISSION ABSENCES 1\ Q'" '.Co' ld ):)LQ5... .' .. ,-,.._---" 'l.1 ~t" _u..'_ J Lol.t') , b J lp 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS (,""'ti,.,;: To' ~'iJt."....'v . A. BD-2003-AR-4341, Marco Dock & Lift, Inc., representing Johann & Angela'Mirlak, requesting a lO-foot boat dock extension from the 20-foot maximum permitted for a facilities protruding a total of 30 feet into the waterway. Property is located at 141 East Pago Pago Drive, further described as Lot 413, Isles of Capri No.2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Joyce Ernst) 1 1611 (BIb) B. CU-2003-AR-4524, James B. Malless, AICP, of Firm Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting conditional use approval for a 700-foot guyed tower in the "A" Rural Agricultural zoning district per LDC Section 2.6.35.6.2. The property is located at 305 Tower Road north west of the intersection of US 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of l4.55:t acres. (Companion to V A-2003-AR-4525) (Coordinator: Mike Bosi) C. VA-2003-AR-4525, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting a variance as follows: To reduce the required tower to residential separation distance from 1,750 feet to 1,060 feet. This is a reduction of 690 feet. Section 2.6.35.6.2 requires that a tower over 75 feet tall be 2.5 times the tower height from residential zoning districts or PUD zoning of a 6 residential units or less. A variance is also requested to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. This is a 6- foot reduction on the location of the guyed anchor. . Section 2.6.35.6.15 requires that guyed anchors of towers over 75 feet meet the setback standards of the zoning district. A variance of 450 feet from the 250 foot height limitation for towers in the Rural Agricultural zoning district for a 700 foot tower. Property is located at 305 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of l4.55:t acres. (Companion to CU-2003-AR-4524) (Coordinator: Mike Bosi) D. CU-2003-AR-3906, Terrance L. Kepple, P.E., of Kepple Engineering, requests a conditional use #7, 11, and 16, of the "A" Rural Agricultural Zoning District, to allow for the expansion of an existing church facility along with the addition of a child care and assisted living facilities. This petition proposes a 324 seat church, and 300 seat parish hall, a 150 student child care facility and a 20 unit assisted living facility. The property to be considered for the conditional use is located at 2425 Rivers Road in Section 30, Township 48 South, Range 27 East, in Collier County, Florida. This property consists of 8.3 acres. (Coordinator: Robin Meyer) 9. OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 10/16/03 CCPC AGENDNRBllo 2 r '318 I'das ';ll1ing ,)yie i.. '.?tta. 16' 1 (e,\1o AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 1:00 P.M., THURSDAY, OCTOBER 23, 2003, IN CONFERENCE ROOM "A-I" IN THE "NEW" COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION BUILDING, 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA: NEW COLLIER COUNTY PLANNING COMMISSION MEMBER ORIENTATION A. Introduction and overview of the Community Development & Environmental Services Division B. Comprehensive Planning and FLUE Consistency Issues C. Current Planning: Zoning Procedures and LDC Regulations D. County Attorney's Office E. Environmental Review Procedures and the EAC Break F. Transportation Planning and the MPO G. Engineering and Water Management Issues H. Building Department I. Code Enforcement Break J. Question and Answer period K. Tour of Community Development If you have any questions, please do not hesitate to ask. Thank you for your assistance in this matter. 10/02/03 eepe AGENDNRB/lo Date: kl/djO~ ~J~LL')\'B/~ 1 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 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement C Other: (Display Adv., location, etc.) ***********************************************~*1r.~*******~~************************************* Originating Dept/ Div: Comm.Dev.Serv./Planning Person: ~ '. b 'V \~ Date: J 9-1.;l.Y00 Petition No. (If none, give brief description): CU-2oo3-AR-3906, St. Paul Antiochian Orthodox Church Petitioner: (Name & Address): Terrance Kepple, Kepply Engineering, 3806 Exchange Ave., Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: St. Paul Antiochian Orthodox Church Inc., 2425 Rivers Rd., Naples, FL 34120 Hearing before C BCC C BZA C Other Requested Hearing date: November 18.2003 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News C Other C Legally Required Proposed Text: CU-2oo3-AR-3906, Terrance L. Kepple, P.E., of Kepple Engineering, requests a conditional use #7, II, and 16, of the "An Rural Agricultural Zoning District, to allow for the expansion of an existing church facility along with the addition of a child care center and assisted living facility. This petition proposes a 324 seat church, and 300 seat parish hall, a 150 student child care facility and a 20 unit assisted living facility. The property to be considered for the conditional use is located at 2425 Rivers Road in Section 30, Township 48 South, Range 27 East, in Collier County, Florida. This property consists of 8.3 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? eYes C No If Yes, what account should be charged for advertising costs: 113-138312-649110 ;F;i~ List Attachments: / j /zZ/03 ( e Date Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: C County Manager agenda file: to C Requesting Division C Original Clerk's Office 8. Cdler hearings: lUlliaLil1g DiviSIOn head to approve and submit original to Clerk's Offi~l:, retaining a copy tOI ,-iie. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: \ 0/:;' Y /0 "3 ( I Date of Public hearing: II/,g /D3 f I Date Advertised: ~ 178 RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE(S) NUMBERS 7, 11 AND 16 PROVIDING FOR EXPANSION OF AN EXISTING CHURCH ALONG WITH THE ADDITION OF A CHILD CARE CENTER AND ASSISTED LIVING FACILITY IN THE "A" RURAL AGRICULTURAL WITH MOBILE HOME OVER LA Y (A-MHO) ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appoi.nted and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of conditional uses 7, 11 and 16 of Section 2.2.2.3 of the Collier County Land Development Code in the Rural Agricuhmal Zoning District with Mobile Home Overlay (A-MHO) for the expansion of an existing church facility conditional use along with the addition of a child care center and assisted living facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Terrance L. Kepple, P.E., of Kepple Engineering, Inc. representing St. Paul Antiochian Orthodox Church with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein 1 178 r "j'l .j;;. be and the same is hereby approved for conditional uses 7, 11 and 16 of Section 2.2.2.3 of the Land Development Code for property located in the A-MHO Zoning District for the expansion of an existing church facility conditional use along with the addition of a child care center and assisted living facility in accordance with the Conceptual Master Plan (Exhibit "e") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk 4 Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU -2003-AR - 3906/RM/sp 2 . '" ..... C ihllo It A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 178 ,J :~ CU -2003-AR-3906 The following facts are found: 1. Section 2.2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: '.. 178 Legal Description All of the E Y2 of the NE 1,14 of the NE 14 of the NW 14, less the W 100' thereof, and less the N 100' for State Highway # 846, and less the E 10' thereof of Section 30, Twp 48 S, Rng 27 E. and E Y2 of the SE 14 of the NE 14 of the NW 14 less the E 10' thereofofSec 30, Twp 48 S, Rng 27 E. and The W 100' of the E Y2 of the NE 14 of the NE 14 of the NW 1/4, less the N 100' for R1W, See 30, Twp 48S, Rng 27 E. Ex~\'b\1- il B II . .. - ". E )4~l b rr"G'l ;~ d ~ i .. ~, ~ D l ~ HJ Ai! ! ~ "~i II f f ~ ~ ~ 1.. a ~ ~ ~ a ~~~.Ig! 1 ~ RE-SUBMITTAL CU-2003-AR-3906 PROJECT #2001080013 DATE: 9/3/03 ROBIN MEYER ~i c~o ~5Q: ~6 ~ ~a:~ ~Q. 2:Q" ~ei5d 178 ..... . .J1C,l.lJ S ~ --------------- -------------- .Pt! aalD>jowwl , --- - ---- -- ----- -- ----- ---- --- -- -- -- -- - -- --- ----- --- ---- ---- --- --------- --- ----- ----- J =========================================== :! ~~~~~~~~~~~~~~ ~ U) I'll ~ !J ~ ,I!! J Ii !! ~ oLJ .. I Po ~ ,I 'lI ~ ,1 J ;.. 'II! " Ii=; 3 ij.. i;: ~ e ;11; H ~ ~ .3 t ..:; ~~ .... ~ ~ ~ " 'lI-~".';i ,c t: ""-~ 11;1 ..~ E ~ r 4 O::'j( II" !!.a j ~ r i ;JJ .." iOl;l' " Q. J H n ~ Ell!; ~ Gl .. 0 .. .. ... ~~~~:;~ ~~,;;,~ ..., :: N . o . ~ o .. ~ ~ 15~ >.. i. ._ .S ~.~ a~ :>-- ~,: . 3: 8.~ '3 ~. ~ ; :~~ 5 . ~ l ii'! e .., . N ~ ... :I, i w.... ~ (: ,q if t" ;~;~ ~o ... F -" ~, , , .n J " . . . ~ H 2', ~i. 'i t, . .. iDtO~ ll- N hl:q a.~g~ :or", ~ g-" - 1 , I I I I I I , I I I , I , I , I I I I I J . . ~ U'llt l:l ~1l ~ I~ [l'~ ..... Ie P-. '3 0 .'8 Il.~ 2 U15 Uil j _ih Cfi i~ J ~~ '30 .'8 Il.~ 0;0 I ,: ~ ! ~ ! ! 2 ~ ~ s ! .. 'c ~ if ~ 'e~ 15 . .! ~.'" ; : ~~"O "i I ~1! ~ is h1; 11 l]l ~ . i e:v ~! E .~;'& ~]s illi .ll'; ^ e.ll 3~'i~l.€s '["0 ~! f~ i 3~o"Od& .U~~"~l ~ 09_.1 ~. 1! ~~~~.si:! j"':~N!""~"': ,; or l~;; '0 ~ .. . .~~~ .. ci : ~1~E! a~~~g I I f I I "'~"'~'" , ~ ~ <- ~ ~~g~ or I .~~tii N ~~Jil~)r c .... n.ll .....'" 17B CU-2003-AR-3906 CONDITIONS 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of324 seats and a maximum of 13,000 square feet in two buildings, the day care will be limited to a capacity of 150 children and the assisted living facility is limited to twenty units. The use is further limited to what is depicted on the Conceptual Site Plan identified as "St. Paul's Antiochian Church" prepared by Kepple Engineering, Inc., dated June 6, 2002, except as further conditioned below. 2. Approval of this conditional use permit shall not be construed as approval of the attached conceptual site plan, the site plan shall be formally reviewed and approved as part of the SDP process. 3. The developer shall provide confirmation of access rights onto Rivers Road, pave the entire length of Rivers Road from Immokalee Road to the southernmost property line prior to the issuance of any certificate of occupancy, the developer should provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line prior to the issuance of any certificate of occupancy. 4. A left hand turn lane should be provided on Immokalee Road accessing Rivers Road. 5. The area shown as "Existing Vegetation to Remain" should be preserved in its existing state, except that exotic vegetation must be removed in compliance with Paragraph 6 below. 6. An exotic vegetation removal, monitoring and maintenance plan that when implemented will maintain the site exotic-free in perpetuity. The plan shall be submitted to Planning Services Section Staff for review and approval as part of the Site Development Plan submittal. 7. Should the parcel to the East develop before this parcel, the access point shall be re- designed to align with the access point for the parcel to the East. 8. The childcare program shall take place in facilities located at the center of the subject site. CU-2003-AR-3906 Exhibit D 17>B October 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: cU-2003-AR-3906 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 17B '..,- NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a pUblic hearing on Tuesday, 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 CU-2003-AR-3906, Terrance L. Kepple, P.E., of Kepple Engineering, requests a conditional use #7, 11, and 16, of the "A" Rural Agricultural Zoning District, to allow for the expansion of an existing church facility along with the addition of a child care center and assisted living facility. This petition proposes a 324 seat church, and 300 seat parish hall, a 150 student child care facility and a 20 unit assisted living facility. The property to be considered for the conditional use is located at 2425 Rivers Road in Section 30, Township 48 South, Range 27 East, in Collier County, Florida. This property consists of 8.3 acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk 178 Dwight E. Brock Clerk of Courts ;Qoupfy 9feollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI~EKST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 v ' ..i.:~ 'l,l,.'~ Clerk of Courts Accountant Auditor Custodian of County Funds . , ''; -...- ~.i October 24, 2003 St. Pauls Antiochian Orthodox Church Inc. 2425 Rivers Road Naples, FL 34120 Re: Notice of Public Hearing to consider Petition CU-2003-AR-3906 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 ~a.'H~ Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.clerk.collier.n.us Fax-(239) 775-2755 Email-collierclerk@clerk.collier.n.us 17B ;t.~ Dwight E. Brock Clerk of Courts ~@~f~~!lf-eollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~../ Clerk of Courts Accountant Auditor Custodian of County Funds October 24, 2003 Terrance Kepple Kepply Engineering 3806 Exchange Avenue Naples, FL 34104 Re: Notice of Public Hearing to consider Petition CU-2003-AR-3906 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 ~ a 'If(JU~ Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.ft.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.ft.us 178 Linda A. Houtzer From: Sent: To: Subject: Linda A. Houtzer Friday, October 24,20033:57 PM Georgia (E-mail) CU-2003-AR-3906 Hi - Please run the attached on Sunday, November 2, 2003 l[J r[J CU-2003-AR-3906. CU-2003-AR-3906. doc doc Thank you, Linda Houtzer Deputy Clerk 1 Linda A. Houtzer 178 From: Sent: To: Subject: postm aster@c1erk.collier.fl.us Friday, October 24, 2003 3:58 PM Linda A. Houtzer Delivery Status Notification (Relay) I~ B" / '-... " <~ ,< -' ATT883846.txt CU-2003-AR-3906 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 1 178 Linda A. Houtzer From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, October 24, 2003 3:51 PM Linda A. Houtzer Delivered: CU-2003-AR-3906 L::J CU-2003-AR-3906 <<CU-2003-AR-3906>> Your message To: Georgia (E-mail) Subject: CU-2003-AR-3906 Sent: Fri, 24 Oct 2003 15:56:52 -0400 was delivered to the following recipient(s): legals on Fri, 24 Oct 2003 15:51:12 -0400 1 178 t '~ October 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2003-AR-3906 Dear Georgia: Please advertise the above referenced notice on Sunday, November 16,2003, 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.lAccount # 113-138312-649110 NOTICE OF PUBLIC HEARING 17B Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider petition CU-2003-AR-3906, Terrance L. Kepple, P.E., of Kepple Engineering, requests a conditional use #7, 11, and 16, of the "A" Rural Agricultural Zoning District, to allow for the expansion of an existing church facility along with the addition of a child care center and assisted living facility. This petition proposes a 324 seat church, and 300 seat parish hall, a 150 student child care facility and a 20 unit assisted living facility. The property to be considered for the conditional use is located at 2425 Rivers Road in Section 30, Township 48 South, Range 27 East, in Collier County, Florida. This property consists of 8.3 acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/patricia L. Morgan, Deputy Clerk (SEAL) 17d Dwight E. Brock Clerk of Courts :<beuptY,!Jfeollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI ~ EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 Terrance Kepple Kepple Engineering 3806 Exchange Avenue Naples, FL 34104 Re: Notice of Public Hearing to consider Petition CU-2003-AR-3906 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~.k Patricia L. Morgan, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.O.us Fax-(239) 775-2755 Email-collierclerk@clerk.collier.O.us 17B : I'" '. i' ' Dwight E. Brock Clerk of Courts :~tlupt)':-ofe611ier CLERK OF TIlE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 St. Paul Antiochian Orthodox Church, Inc. 2425 Rivers Road Naples, FL 34120 Re: Notice of Public Hearing to consider Petition CU-2003-AR-3906 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK faui~ ~ ~,])~ patricia L. Morgan, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.fl.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.fl.us 17B Patricia L. Morgan To: Subject: Georgia (E-mail) Advertising - CU-2003-AR-3906 Jfi qeorgia, PCease run tlie attacliea aa on Sunaay, :Novem6er 16, 2003. PCease sena confinnation of tlie aa pCacement. rrliankyou, 'Irisli ;Minutes et CRscorcfs ~ ~ CU-2003-AR-3906( CU-2003-AR-3906( i).doc i).doc Patricia L. Morgan 178 From: Sent: To: Subject: postmaster@clerk.collier.fl.us Thursday, November 06,2003 11 :07 AM Patricia L. Morgan Delivery Status Notification (Relay) r~=:::~ .~ I~ B ATTl72821.txt Advertising - CU-2003-AR-3906 .. . . . . rrlilS lS an automatlcaffy generated rJ)euvery Status Wotificatwn. ryour message has 6een successfuffy refayed to tlie joffowing recipients, 6ut tlie requested deCivery status notifications may not 6e generated 6y tlie destination. fegaCs@napfesnews. com 17B Patricia L. Morgan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, November 06, 2003 10:58 AM Patricia L. Morgan Delivered: Advertising - CU-2003-AR-3906 [2] Advertising - CU-2003-AR-3906 <<jtavertisi1lfj - CV-2003-;4.t.R...-3906>> ryourmessage %: qeorgia (iE-maiO Su6ject: ;4.avertisi1lfj - CV-2003-;4.iJ{;3906 Sent: rrfiu, 6 :Nov 200311:06:38 -0500 was aeCiverea to tfie fo{Cowi1lfj recipient(s): fegafs on rrfiu, 6:Nov 200310:57:34 -0500 Advertising - CU-2003-AR-3906 Page I of 1 Patricia L. Morgan 178 From: legals [Iegals@naplesnews.com] Sent: Thursday, November 06, 2003 11 :59 AM To: Patricia L. Morgan Subject: RE: Advertising - GU-2003-AR-3906 rcvd to run novo 16 georgia -----Original Message----- From: Patricia L. Morgan [mailto:Patricia,Morgan@c1erk.collierJl.us] Sent: Thursday, November 06,2003 11:07 AM To: Georgia (E-mail) Subject: Advertising - CU-2003-AR-3906 Jfi georgia, PCease run t/ie attac/ied ad on Sunday, :Novem6er 16, 2003. PCease send confinnation of t/ie ad pfacement. crfiankyou, 7:ris/i :Jvt.inutes e:l ~cords <<CU-2003-AR-3906(1 ).doc>> <<CU-2003-AR-3906(1 ).doc>> 11/6/2003 "'$~~':f~,;.,~ Harriett Bushong {~(~'~:r:l MY COMMISSION # DD234689 EXPIRES "'7~"~-- July 24, 2007 "~'..~f,,~;.~" BONDED TH~U TROY FAIN INSUPANCE, INC CU.2oo3-AR.3906 -.. NOTICE OF PUBLIC HEARING NotIce Is hereby glv 7 B that the Board of County Commissioners of Col. Iier county will hold a public hearing on Tues. day, December 2. 2003~ In the Boardroom, 3ra Floor, Adm.lnlstratlon Building. Collier County Government Center, 3301 East Tamlaml Trail. Naples, Florida. The meeting wltl begin at 9:00 A.M. The Board will consider Petition CU.2003.AR. 3906. Terrance L. KllPPle. P.E., of Kepple Engl. neenng, requests a con. dltlonal use #7. 11. and 16. of the . A. Rural Agrl. . cultural Zoning District, to allow for the expan. slon of an existing church facility along with the addition of a chll d care center and assisted living facility. This petition proposes a 324 seat churCh, and 300 seat parish hali. a 150, student child care facill. ty and a 20 unit assisted Irving facility. The prop. erty to be considered for the conditional use Is located at 2425 Rivers Road In Section 30. Township 48 South, Range 27 East. In collier County. Florida. 'this propertY consists of 8.3 acres. NOTE: All Persons wish. I Ing to speak on any agenda Item must reglS. ter with the County Ad. mlnlstrator frlor to pre- sentation 0 the agenda Item to be addrened. 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 enClluraged. If recog- nized by the Chair. a spokesperson for a group or organization may be allotted 10 mIn. ut~s to speak on an Item. Persons wIshing to have written or graphIc ma. terlals Included In the Board agenda packets must submit said ma. terlal a minimum of 3 weeks prior to the reo spectlve publiC hearIng. In any case. wrltten ma- terials Intended to be considered by the Board shall be submitted to, the ~ate County, staff a mh\lmumof-Sev-' en days prior to the' publiC hearing. All ma- 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 I pertaining thereto and I therefore. may need to ensure that a verbatim record of the proceed- Ings Is made, which re- cord Includes the testi- mony and evl,dence upon which the appeal Is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY. FLORI- DA TOM HENNING, CHAIR.! MAN . , DWIGHT E. BROCK. CLERK By: /s/Patrlcla L. Mor- gan. Deputy Clerk (SEAL) Nov. 16 No. 369958, 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 November 16th, 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 I 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. ) .-t' ~ //)' ( Signature of affiant) Sworn to and subscribed before me This 18th day of November ,2003 17B ~;~: (- j , "'\'.' CU-2003-AR-3906 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ' / I D. A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No ' Ingress and egress ~ pro\,erty and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, baffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~ No Affects neighboring pr~ in relation to nOIse, glare, econOmIC or odor effects: ANo affect or _ Affect mitigated by <text> / ( _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: B. C. Compatible use within district YesA- No Based on the above findings, this condi~oJw use should, With stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: f(ft/L~~ / r'J- I ;2-1 o~ 1'113 Date: January 21,2004 To: Mike Bosi, Planner From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003-427 Enclosed please find one copy of the document referenced above, Agenda Item #178, approved by the Board of County Commissioners on Tuesday, December 2, 2003. If you should have any questions, please contact me at 774-8411 Thank you. Enclosures 178 " ,",,~.t' ~rW "'Y: 1 RECE.IVED JAN 2 0 2004 RESOLUTION NO. 03- 427 Board of County CommisSioners A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE(S) NUMBERS 7, II AND 16 PROVIDING FOR EXPANSION OF AN EXISTING CHURCH ALONG WITH THE ADDITION OF A CHILD CARE CENTER AND ASSISTED LIVING FACILITY IN THE "A" RURAL AGRICULTURAL WITH MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and WHEREAS, the Legislature of the State of Florida in Chapter 67- 1246, Laws of Florida, and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of conditional uses 7, 11 and 16 of Section 2.2.2.3 of the Collier County Land Development Code in the Rural Agricultural Zoning District with Mobile Home Overlay (A-MHO) for the expansion of an existing church facility conditional use along with the addition of a child care center and assisted living facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in Commission; and accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Terrance L. Kepple, P.E., of Kepple Engineering, Inc. representing St. Paul Antiochian Orthodox Church with respect to the property hereinafter described as; Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for conditional uses 7, 11 and 16 of Section 2.2.2.3 of the Land Development I I 178 <1 I Code for property located in the A-MHO Zoning District for the expansion of an existing church facility conditional use along with the addition of a child care center and assisted living facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ fl,l) dayof De..Ce.(l')ber ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST' \\\\\\III Uflf""(I/I . ,\\ J..":L · i'D~) 'It DWIGH:f'~-:~GK: ~~ $..,J, .' ~''- '...At ~ ~ ""V.1t ~"~'~/"';;-:-'-"""'~ .... ~> ~ :: _1<~:"I': ".f ',1" ':", ..;.4!" -._ (':..'" ",t.> .,,11"1' L,,--W ,.'~ ~ - "-, . lj.....,{.( ,. I I""'~, . .,....,-~. .,. ~ ~-~.: -'~I ,~1(,t' ~.f I.:~_...... : ~::. :: :j: -"",;.,:"-"'-~, .":Il~ :.wq: ; ..' .,.~, . :='l\. c.. .~, )..... . .;"r(,,)" . c. ~ *. .J ,}, 'c a- ., :- \q, ..... ....:,...\.~~$ ,~~.. ,~/,). ........ ("~.>\. ~. "'4 " (\iJ3UC,\;i.."... Approved as to ,Porm and Legal Sufficiency: Mtttt . ." Qattllflllj: 'f; st\JA.... -1".. ,,$ OO)~~), ytJ.~ Marjon . Student Assistant County Attorney CU-2003 -AR - 3 906/RMlsp 2 ~._---'---_..,_. , ?B r " FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3906 The following facts are found: 1. Section 2.2.2.3.3.7. of the Land Development Code authorized the conditional use. ., Granting the conditional use will not adversely affect the public interest and will not ad\'ersely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on th~ above findings, this conditional use should, with stipulations, (copy all~k:~~'c: (should not) be recommended for approval D.\TE: IvlEMBER: EXHIBIT A I 11>=; ,"'- (1 t".: ..~t U Legal Description All of the E Y:z of the NE V4 of the NE V4 of the NW 'l4, less theW 100' thereof, and less the N 100' for State Highway # 846, and less the E 10' thereof of Section 30, Twp 48 S, Rng 27 E. and E Y:z of the SE 'l4 of the NE 'l4 of the NW 'l4 less the E 10' thereof of See 30, Twp 48 S, Rng 27 E. and The W 100' of the E Y:z of the NE 'l4 of the NE V4 of the NW 1/4, less the N 100' for R1W, See 30, Twp 48S, Rng 27 E. Ex 'r) \ D \t II B I i E )<~\ b rr~G .. ti'.. ""':' :> A Q ci I ~ ~, :: a I ~ ! ~ J h E ~ ~ "~:; I I f I ~ ~ ~ 1.. a ~ ~ ~ j ~~\.Ig! l ~ RE-5UBMITT AL CU-2003-AR-3906 PROJECT #2001080013 DATE: 9/3/03 ROBIN MEYER 1:.; 3'0: ~6i ~ hilt ~l2~; ~&i6~1 ! --------------- -------------- , ~?Jl ::~8:.~~~~~~:: ::::=~-~-~- ~-::.. _::.. _::..-~-::..-::.. _::.. _::..-::..-~-::..-::..-::..-~-~-~-::..-~-~-~ _~-~-~-::..-::. J ------------------------------------_______ ~ fIl I.. :.f !J ~ ,~ I :! J"' ~ :l:J' ; , ~ ~ , 'S ~ ~: ! i~ 3 H~ i ~: ~ ~.i; 't o !fA. }~ ....:l ,.... I~ .... f 'IllJ" 'Ill; ,~ b' "it wI "t E i'$: ,.. !!.. ~ i 'IJj 'II" "lJ ~ ~ 'H li:tHi Vi ~~~~~~~~~~~~~~ li ';t li fJ~S:~~ ~.....,....,:!-~ :: '" ~ i ~ ~ ~ ~ 0 J I ~ J l 8 .- i f: l ~i tr:e.~ rl~r<l D Q. ! ~ ~ ~ ! ~ 0 I C5~ :0.- b ~, ~- F- s: _,,' u ~ 0() g-~ ~ I .e!iA';:: .::" I ~ . fl' ~!! : ~ f!!: ~ 5 o .. I J I , I I I I I I I J .; 0: J : ~h ~~ 6i~Z~ I I I I I ..$..$.. , N.r .~~.i ~ ~~~~~ ~ I 178 'l'll' ~AJ r:: ~~ (\j ~~ ...... 0 (l. '3 og :~ Q) "0 +J III I rn I ! k~! A J~~ ~i J ~~ '3og ~~ "0 .01 !.! ! . ~ " ~ - 1 I I I I I I I , I I I I I I I I , I , ,I ~ "/ ! ~ ! E ! i :i~ ; l ~~~ :!i ~ 1 ~.'" ~D ~~. .i 8 ~H i ' h.. ~ ~ 3.i'l h~ .~H ,].2 ~p, H E~; ~J .2~'S 8.€.2 .[. ~~r~i 3 0 0 8.~!. .fdiln~ X~O_~.1:rC ~~5J~.~g .,3 .s";~N~";ls.. 'l~~ l~~ .. ~ ~og~ ~'^ ~H ..."'''' I7l cU-2003-AR-3906 CONDITIONS 1. The conditional use approval to allow a church and other places of worship shall be limited to a maximum of324 seats and a maximum of 13,000 square feet in two buildings, the day care shall be limited to a capacity of 150 children and the assisted living facility shall be limited to twenty units. The use is further limited to what is depicted on the Conceptual Site Plan identified as "St. Paul's Antiochian Church" prepared by Kepple Engineering, Inc., dated June 6, 2002, except as further conditioned below. 2. Approval of this conditional use permit shall not be construed as approval of the attached conceptual site plan. The site plan shall be formally reviewed and approved as part of the site development plan process. 3. The developer shall provide confirmation of access rights onto Rivers Road, pave the entire length of Rivers Road from Immokalee Road to the southernmost property line prior to the issuance of any certificate of occupancy. The developer shall provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line prior to the issuance of any certificate of occupancy. 4. A left hand turn lane shall be provided on Immokalee Road accessing Rivers Road. 5. The area shown as "Existing Vegetation to Remain" shall be preserved in its existing state, except that exotic vegetation must be removed in compliance with Paragraph 6 below. \ 6. An exotic vegetation removal, monitoring and maintenance plan shall be prepared that when implemented will maintain the site exotic-free in perpetuity. The plan shall be submitted to Department of Zoning and Land Development Staff for review and approval as part of the site development plan submittal. 7. Should the parcel to the East develop before this parcel, the access point shall be re- designed to align with the access point for the parcel to the East. 8. The childcare program shall take place in facilities located at the center of the subject site. CU-2003-AR-3906 Exhibit D COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17C f q To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) [] Other: ******************************************************************************************************* Q'iginating Deptl Div: Comm.Dev.S"".IP1anning Pmon: Robin Me~ Date: 10 J?-.l p.3 Petition No. (If none, give brief description): DOA-2003-AR-3911, Tollgate Commercial Center Petitioner: (Name & Address):William R. Vines, Vines & Associates, Inc., 800 Harbour Dr., Naples, Fl. 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) R. S. Hardy, 5692 Strand Court, Suite 3, Naples, Fl. 34111 Hearing before C BCC C BZA C Other SEE ATTACHED SEPARATE SHEET - ADDITIONAL NOTIFICATION Requested Hearing date: December 2. 2003 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News C Other C Legally Required Proposed Text: (Include legal description & common location & Size: DOA-2003-AR-3911, William R. Vines of Vines & Associates, Inc., representing R.S. Hardy of Tollgate Commercial Center, requesting an amendment to Development Order 97-2, for the purpose of extending the life of the Development Order from December 30, 2002 to December 29, 2007 so that development of the remaining undeveloped sites may continue to completion. The subject property is located in the Southeast quadrant of 1-75 and Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? eYes C No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: ----1'1 ~ .") / FL{)~~1L1t (, 7 3 epartment Head D te ' List Attachments: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: H:> \ ~ ,-\1",:1., Date of Public hearing: )21 t..' b3 Date Advertised: 11 J ~ / IJ ~ ~ ~ II 17C f .,' Mr. Daniel Trescott DR! Coordinator SWFRPC P.O. Box 3455 N. Ft. Myers, FL 33918 A TT: Bernard Piawah Development of Regional Impact Section State of Fla Dept of Community Affairs 2555 Shumard Oak Blvd Tallahassee. Florida 32399-2100 17C DEVELOPMENT ORDER NO. 03-_ RESOLUTION NO. 03 - _ A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER WHICH EXTENDS THE DEVELOPMENT ORDER PERIOD OF EFFECTIVENESS UNTIL DECEMBER 29, 2007; SECTION TWO: FINDINGS OF F ACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSL Y ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 84-1, as amended, (the Development Order) on January 17, 1984, which approved a Development of Regional Impact (DRI) known as Tollgate Commercial Center; and WHEREAS, since January 17, 1984, the Board of County Commissioners has approved several amendments to the Toll Gate Commercial Center DRI, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the Board of County Commissioners approved Resolution Number 97-75 which extended the effective date of the Development Order to December 30, 2002; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS; the owners of the DRI property desire to extend the time that the development remains in effect; and WHEREAS, William R. Vines of Vines and Associates, Incorporated, representing Robert S. Hardy, Partner, Toll Gate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on November 6, 2003; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on December 2, 2003. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: 1 Words underlined are additions; Words struek thrsligh are deletions 17C SECTION ONE: AMENDMENT OF DEVELOPMENT OREDER That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until Deeember 30,2002 December 29. 2007. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject to the amendment petition is legally described as set forth in Exhibit itA", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate Commercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCULSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. E. The proposed amendment to the Development Order is not a substantial deviation from Development Order 84-1, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS. TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1 as amended, shall 2 Words underlined are additions; Words stmek t1m*lgll are deletions 17C remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 03- _ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by Law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency ~011.~ Marjori M. Student Assistant County Attorney DOA-2003-AR-3911IRB/lo 3 Words underlined are additions; Words struek thrsHgk are deletions William R. Vines, President Member AICP 17C e-mail wvlnes800@aol.com pobox 933 Iinvllle north carolina 28646 828.898.9837 fax 828.898.9847 COVER LETTER APPLICATION TO AMEND THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT ORDER The Tollgate Commercial Center DRI Development Order was originally approved via DO 84-1 on 1-17- 84. It was expanded from 69.4 acres to 100.24 acres via DO 92-1 on 2-11-92. On 2-11-97, DO 97-2 extended the DO life from 12-31-97 to 12-30-02, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of DO 97-2, this application seeks to extend the life of the DO so that development of the remaining undeveloped sites may continue to completion. Because of the age of the project, the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs determined that amending the DO and extending its life would first necessitate filing a Notice of Proposed Change to a Previously Approved Development of Regional Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact Study). The Transportation Assessment was conducted under contract with the Southwest Florida Regional Planning Council, and coordinated with Collier County and Florida DOT transportation staffs. The Notice of Change was filed on 10-1-02, and was approved by the Southwest Florida Regional Planning Council without objection on 11-21-02. The specific Development Order language adjustment proposed is as follows: Section 7 of Development Order 84-1 as amended by Development Order 92-1, further amended by Development Order 97-2, is hereby further amended to read as follows: That this Order shall remain in effect until December 30, 2002 December 29. 2007. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. Words underlined are additions; words strtlek through are deletions. DOA-2003-AR-3911 Project # 19990193 DATE: 3/25/2003 RAY BELLOWS - "'- Exhibit "A" - 17C PET\TION NAME: Toll ate commercia' Center DATE: 3-19-03 APPLlCA nON FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES 1. Name of Applicant (sL R. S. Hardv Applicant'S Mailing AddreSS_ 5692 Strand Court, suite 3 _State _FI Zip_34111_ City _NaDles APplicant's E-Mail Address:_ APplicant's Telephone Number:Res: Bus.:_ 239-593-3883 Fax#:_ 239-594-5677 Is the applicallt the nwner o!the subje<:t propcrtY'1 0 Yes 0 No o (a) o (b) If applicant is a land uust. so indicate and name beneficiaries below. If applicant is corporation other than a public eorporation, so \ndieate and name officers and major stockholders below. If applicant is a partnersbip, limited partnership or other business entity, so indicate and name principals below. If applicant if on owner, indieate exactly.. re<:Ordod. and list all other owners. if any. If applicant if a 1"-, a.acb eopy of le..e. and indicate actual owners if not indicated on the lease. If applicant is a eontract purcbaser, attaeb eopy of eornraet. and indicate actual owner(s) name and address beloW. rA (c) o (d) o (e) o (t) See tbe attacbOd corvorate Struct.re and Si nin Block ~ (If space is inadequate, attach on separate page.) _Firm Vines & Associates. Inc. 2. Name of AgenC WlIUam R. Vines Agents Mailing Address ~ 800 Harbour Drive _State_FL Zip_341 03_ City NaDles Agent's E-Mail AddressLW.llnes800f&aol.com - _ Bus._239-262-4164 Telephone Numbers: Res.:_ Fax#:_ 239-262-5'791 17C 3. 00 ORDINANCE NAME AND NUMBER: Tollqate Commercial Center DO 97-2 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is jnadeqU01", attaCh on separnte page. If request involves ehange to more than one zoning distric~ include separate legal description for property involved in each district. IfproPerty is odd-shaped, submit five (5) copies of the survey (I" to 400' scale). TIlli APPLICANT l' RESFlN:;:BLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 35 TOWNSHIP 49.South RANGE 26. East See Attached ~ 5. Address or location of subject property southeast Quadrant of 1-75 and Collier Blvd. = 6. Does property owner own contiguous property to the subjeet propertY'Ilf so, give complete legal description of entire contiguouS property. (If space is inadequate, attach on separate page). No = 7. TYPE OF AMENDMENT: 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: D A. PUD Document Language Amendment D B. PUD Master Plan Amendment ~ C. Development Order Language Amendment ~ Yes D No Ifno, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No DATE: PETITION #: ARE ANY 10. HAS ANY PORTION OF THE PUD BEEN ~ SOLD and/or 5i\ DEVELOPED? CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVE(QPED? DYes ~No IF YES, DESCRIBE: (A TT ACH ADDITIONAL SHEETS IF NECESSARY). Most develo ment sites have been sold and develo ed. .. Seetion 1.7.1.3.1 (3) oflbe Land Development Code requires an applicant to remove tbeir publle hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based 00 tbe Board's Ooal aelloo ou tbis item, please remove all public beariog advertising sign (s) immediately -- '. 17C '. AFFIDAVIT We, ~. ~. t\ ~ ~ .:> ~ '-"'lUg firot duly "Nom, depose ""d say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised, We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. TOLLGATE COMMERCIAL CENTER BY TOLLGATE, INC. GENERAL PARTNER By Robert S. Hardy, President ~IG~ Signatureof~ '~ - t^~ .lh. ~ Signature of Agent (Signat e of Notary Pu lic ..~~~i.tt."', Valerie J. Stoll i!/'b"~conuniaaion NCe 818172 '''''1' "pi'" Ap', 30, 2003 ':o'~ir~ i . Bonded Thru NOT ART Ume loJendmtJ ~..lno. 17C TOLLGATE COMMERCIAL CENTER Corporate structure and Signing Block TOLLGATE COMMERCIAL CENTER r 1 1 50% ANIPCO INVESTMENTS, INC 50% TOLLGATE JOINT VENTURE (owned by A. M. Papineau estate) 50% 8475, Inc. (owned by Alex Rubin Estate) 50% Tollgate, Inc. (owned by Naples Road Building Corp.) \ (Owned by R. S. Hardy and Paul Hardy) ilGNING BLOCK TOLLGATE COMMERCIAL CENTER By Tollgate Joint Venture By Tollgate, Inc. By R. S. Hardy, president OHNSON ENGINEERING. INC. CIVIL ENGINEERS AND LAND SURVEYORS 17C January 7, 1991 , I.. JOHNSON ST"CET ELE~CC.1S)SJA~. ELECOf"IEf' C. ISI SJA'se. I OST 0""'(;& .OX ,..0 ORT ""C"S.,.,,,O"'OA Sseoa. ,..0 c:;Aft'" C. JOHNSON leU' ,... DESCRIPTION TOLLGATE COMMERCIAL cENTER sECTION 35, T. 49 SOl R. 26 E. AND sECTION 2, 'r. 50S., R. 26 E. . COLLIER coUNTY,' FLORIDA r; :::,\,; .~~:;\t~;- f .,:, ':~ :: "'. ,"'.'.; ~:.:-~' \,~,.r"C; i' :.~, .: - . .-. c:~.,':~. :.:~:-.(', l_~:: :. I::;;: I,,:,,~~:,:~'~, .~ ':;.';:>. T:~ '::. ? '.~. ~ ~..-".. ~ , L:'~t::-~:":>(~~ " .. ,.."- ,- .' .'~ ...', ,,';c~',;;" , ' p' "," , ,. .......... :....-. "..,' ,-,.' -, ,~., I'" ,'..'." .." ~,,-',:'~, -" ; . ," .,:_.,,'.-. ,". ,r ........ .. -. ,;. .. ; ~-'. ".; ~~' -;-;.: .~..' .' I';;'I~T~ )10. ...I.1'0~~~B';''tKS '.' JOSEPH W. EBNER , STEVEN K. MORRISON . ',ANDREWD>TIl.TON " JE~E)' C. CQC)NER , DA'N'.w., DICKEY KENTON'R. KElLING , GEORGEJ: KAl.Al. 'MICHAEl. L HARMON THOMAS L FENDl.EY W. DAVID KEY. JR. W. BRITT pOMEROY I CARl.A. BARRACO GA~Y R. BULl. \ KEVINM. WINTER CONSlJLTANTS . LESTER L. BULSON ROBERT S. O'BRIEN 3 - -. JOHNSON ENGINEERING. INC. ~ Section 35. T. 49 S., R. 26 E. January 7, 1991 page 2 17C "\.; <.' l':, '. ~ ,~. :,. . . .' ~ . " -, ~ f. ' _' l..' \ ,-. - , -:' ~ . .~:. i_~,' . .... -,; .'" f. '.- ':. ,,': . ~,' , '. ". .., (_.:~<: ~.;;. 1:.:'1: t ,::' I. .,", ", ...., . : . ~ . -.". ". (.... ".' .~. ," I. .;' :..: - C' -" . ,"- }~1'~ :.~.:' C,-,,".:..j ~~.:' I ~.; :": I, , ' ,"' I. ,.- ~ ,: I I , I I I I ;, ,\ : .~' '3 r- ;>'" 1 ~ };:: <.' .";.... -. .....~ r.i; , i'" ..;. - -r-j:. - . ~ : t .: - . ~\ -:. ~ , r'~ ';"',;' ,.r,: ..'.. c' ',';>, ';'", :: ..:,p....:,:.!.'!' ..'1<:,.(;., depart~ \ ,aid. ~lillli~ed.. access a right-of-way..fUne "for ~ 'lQO.oo feet:,to~ iritersection with;the easterly rline;ot the parcel as described iIi J~l:ld recoroed in Official Record Book 1477 at Page 246. Collier county Records; , thence .': run S 00. 02.\.19," E. along said east line for 200.00 feet to an intersection with said south line of Se.ction 35 ~d ,the point of . Beginning. Contai.ning 65.79 acres more or less. SUBJECT TO easements, restrictions and reservations of record.,')!.';" ,'), ;' "y..:;..\'::.);"ir c':~ . ANI) '" ",<\;: . Being all of Tollgate Commercial Center Phase One. as' recoJ;ded in Plat ;Book 16 at Page 1, Collier County RecordS. ALSO Being ~l of. T9llgate Commercial Center Phase Two, as recorded in Plat Book 18 at Pages 23 and 24. COllier County RecordS. . Containing. 34.;45 acres, more or. less. '" i..; .... ; q.,' '. Be~ingsberei,nabove,mentioned are based on Florida DOT right-of- way map for State Road No. 93 (1-75) centerline bearing at Station , , ,290 tobear'N .73 \. 00 I 33" w. '-;' --, -,".,;:!-". ~~~f,I/, ~A-oo_ Mi ael W. Norman ' . _ J?rofessional "Land Surveyor, ac', " Florida Certificate' No. 4500 : ..- ..c:'-- :"", ~' -; " - ~~~"L {."! c: . I.', " . ~^ :~.~-: ':..'i-'-~: .,:~ ..-"':.'J 'c" ~ j ~~i~'" '. .....' ". --~ ...1 '":j MWli/pd 25023 ~..,.,:~ --'. , , if ;.~) ! ~.J ,. 1-: ~-, ., ~ ': ~. ..,~ . "" ~:" . II 17C t''''' October 24, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition DOA-2003-AR-3911, Tollgate Commercial Center Dear Georgia: Please advertise the above referenced petition on Sunday, November 16, 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 Enclosure Charge to: 113-138312-649110 17C NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday December 2, 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 DOA-2003-AR-3911, william R. Vines of vines & Associates, Inc., representing R.S. Hardy of Tollgate Commercial Center, requesting an amendment to Development Order 97-2, for the purpose of extending the life of the Development Order from December 30, 2002 to December 29, 2007 so that development of the remaining undeveloped sites may continue to completion. The subject property is located in the Southeast quadrant of I-75 and Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida NOTE I 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 COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk (SEAL) 17C Dwight E. Brock Clerk of Courts ~6uptY"!Jfeonier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHouSE ,.(. 3301 TAMIAMITRAILEAST P.O. BOX 413044 , NAPLES, FLORIDA 34101-3044 :i..f' ; ~~. '10: Clerk of Courts Accountant Auditor Custodian of County Funds "'_-f October 24, 2003 Bernard piawah Development of Regional Impact section State of FL Dept of Community Affairs 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 Re: Notice of Public Hearing to consider Petition DOA-2003-AR-3911 Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 17,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.O.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.O.us 17C Dwight E. Brock Clerk of Courts :(bo~ty:~!lfe6~ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTROUSE 3301 TAMIAMITRAILEA:8T P.O. BOX 4~044 NAPLES, FLORIDA 34101-3044 ~~{ I ..~ 4.1:">, . '}..) Clerk of Courts Accountant Auditor Custodian of County Funds October 24, 2003 R.S. Hardy 5692 Strand Court, Suite 3 Naples,m FL 34111 Re: Notice of Public Hearing to consider petition DOA-2003-AR-3911 Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 17,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.fl.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.fl.us 17C Dwight E. Brock Clerk of Courts ;~0~t~:!?feoij.ier CLERK OF TIm CIRCUIT COURT COLLIER COUNTY qOURTROUSE 3301 TAMIAMI~EAST P.O. BOX4l3044 NAPLES, FLORIDA~4101-3044 -" v ~...~ ~.' Clerk of Courts Accountant Auditor Custodian of County Funds October 24, 2003 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 N. Ft. Myers, FL 33918 Re: Notice of Public Hearing to consider petition DOA-2003-AR-3911 Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 17,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.n.us Fax-(239)775-2755 Ernail- collierclerk@clerk.collier.n.us Dwight E. Brock Clerk of Courts i~e~~J?fe6nier CLERK OF THE CIRCUIT COURT COLLffiR COUNTY QOURTROUSE 3301 TAMIAMI ~ EAST P.O. BOX 4}:j044 NAPLES, FLORIDA 3:4101-3044- v \~ 1~ 17G Clerk of Courts Accountant Auditor Custodian of County Funds ^' _~' --.i October 24, 2003 william R. Vines vines & Associates, Inc. 800 Harbour Drive Naples, FL 34103 Re: Notice of Public Hearing to consider Petition DOA-2003-AR-3911 Tollgate Commercial Center Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 17,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.c1erk.collier.ft.us Fax- (239) 775-2755 Email-collierclerk@c1erk.collier.ft.us 17C Dwight E. Brock Clerk of Courts ~eup.tY-!Jfe6~ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 T AMIAMI TRAll.. EAST P.O. BOX 41'3044 NAPLES. FLORIDA34101-3044 ~:..l ..i~ '1:l"; Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 Bernard Piawah Development of Regional Impact Section State of FL Dept of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Re: Notice of Public Hearing to consider Petition DOA-2003-AR-3911 Tollgate Commercial Center Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 16,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~-- Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.ft.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.ft.us Dwight E. Brock Clerk of Courts r~eU!1t~-!?f-eollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA3~101-3~ 17C ~... Clerk of Courts Accountant Auditor Custodian of County Funds _.... r::.- ...~~ November 6, 2003 R.S. Hardy 5692 Strand Court, suite 3 Naples, FL 34111 Re: Notice of Public Hearing to consider petition DOA-2003-AR-3911 Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 16,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~().~ Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.ft.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.ft.us t7~ f,.', Dwight E. Brock Clerk of Courts "~eup.fY:-!lfeollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAil.. EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 v ~r I", " Clerk of Courts Accountant Auditor Custodian of County Funds ~,~, t'~;." . November 6, 2003 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 N. Ft. Myers, FL 33918 Re: Notice of Public Hearing to consider Petition DOA-2003-AR-3911 Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 16,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~ Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.n.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.n.us 17C Dwight E. Brock Clerk of Courts :Cbo~t)':~f eollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EA~T P.O. BOX 413044 NAPLES, FLORIDA 34101-3~ J Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 william R. Vines vines & Associates, Inc. 800 Harbour Drive Naples, FL 34103 Re: Notice of Public Hearing to consider petition DOA-2003-AR-3911 Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 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 16,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~ Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.O.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.O.us 17C .~ Linda A. Houtzer To: Subject: Georgia (E-mail) RE: DOA-2003-AR-3911 Hi Georgia, Please run the attached on Sunday, November 17, 2003, {J {J DOA-2003-AR-3911 DOA .doc 2003-AR-3911.doc Thank you Linda Houtzer Deputy Clerk 1 17C Linda A. Houtzer From: Sent: To: Subject: postmaster@c1erk.collier.fl.us Friday, October 24,20034:34 PM Linda A. Houtzer Delivery Status Notification (Relay) ~...,w.. i';;"~ I: I'.' L:.....I AlT884105.txt RE: DOA-2003-AR-3911 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 17C Linda A. Houtzer From: Sent: To: Subject: Linda A. Houtzer Thursday, November 06,20039:44 AM Georgia (E-mail) DOA-2003-AR-3911 Hi Georgia, Please run the attached ad on Sunday, November 16, 2003 Thank you, Linda ti@] ~ DOA DOA-2003-AR-3911 2003-AR-3911.doc .doc Minutes and Records 1 17C Linda A. Houtzer From: Sent: To: Subject: postmaster@clerk.collier.fl.us Thursday, November 06, 2003 9:44 AM Linda A. Houtzer Delivery Status Notification (Relay) r~ fC71. L.::....J ATTl72117.txt DOA-2003-AR-3911 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 17r u Linda A. Houtzer From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday. November 06,20039:35 AM Linda A. Houtzer Delivered: DOA-2003-AR-3911 F"/l U DOA- 2003-AR - 3911 <<DOA-2003-AR-3911>> Your message To: Georgia (E-mail) subject: DOA-2003-AR-3911 Sent: Thu, 6 Nov 2003 09:44:14 -0500 was delivered to the following recipient(s): legals on Thu, 6 Nov 2003 09:35:07 -0500 1 DOA-2003-AR-3911 Page 1 of 1 17C Linda A. Houtzer From: legals [Iegals@naplesnews.coml Sent: Thursday, November 06,2003 11 :52 AM To: Linda A. Houtzer Subject: RE: DOA-2003-AR-3911 rcvd to run novo 16 georgia -----Original Message----- From: Linda A. Houtzer [mailto:Linda,Houtzer@clerk,collier.f1.us] Sent: Thursday, November 06, 2003 9:44 AM To: Georgia (E-mail) Subject: DOA-2003-AR-3911 Hi Georgia, Please run the attached ad on Sunday, November 16, 2003 Thank you, Linda Minutes and Records <<DOA 2003-AR-3911.doc>> <<DOA-2003-AR-3911.doc>> 11/6/2003 .. ...._._~_".m - ,,~-- ----,,,"'.- 17C 2/,. -" A ..;if- &, <> j '(J (Signature of notary public) l-;~A\:'r~,<<~ Harriett Bushong ~<'J:i.'\.~ MY COMMISSION I 00234689 EXPIRES o~i~'~"l July 24, 2007 "',f.Rf::;\-:t'- BONDED THRU TROY FAIN INSURANCE. INC DOA-2003.AR.3911 NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of County Commissioners of Col. lIer County will hold a public hearing on Tues- day December 2. 2003 In the Boardroom, 3rd Floor, Administration Building. Collier County Government Center. 33G1 East 'famlaml Trail, Naples, Florida. The meeting will begin at 9:qOA.M. The Board will consider Petition DOA.2003.AR. 3911, William R. Vines of Vines & Associates, Inc., representing R.S. Hardy of Tollgate commercial Center, requesting an amendment to Develop. ment Order 97.2. for the purpose of eKtendlng the life of the Develop. ment Order from De. cember 30, 2002 to De- cember 29, 2007 so that development of the re- maining ungeveloped sites may-continue to completion. The sublect property Is located In the Southeast quadrant of 1-75 and Collier Boule- vard. In Section 35. Township 49 South. Range 26 East, Collier County, Florida NOTE: All Persons wish- Ing to speak on any agenda Item must regls-! ter with the County Ad. mlnlstrator frlor to pre- sentation 0 the agenda Item to be addressed. Individual speakers will be limited to S minutes on any Item. The selec. tlon of an Individual to speak on behalf of lIn organization or group Is encouraged. If recog. nlzed by the Chair, a' spokesperson for a group or organization may be allott!!d iG min- utes to speak on an Item. Persons wishing to have written or graphic ma- terials Included In the Board agenda packets must submit said ma. terlal a minimum of 3 weeks prior to the reo spectlve public hearing. In any case. written ma. terlals Intended to bel considered by the Board shall be submitted tOI the appropriate County staff a minimum of sev. en days prior to the public hearing. All ma- terial used In presenta- tions before the Board wlll become a perma- nent part of the record. Any person who decides to appea.! a decision of the Boar<! will need are. 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 rf~a'k~~lch the appeal !lOARD OF COUNTY COMMISSIONE~S I COLLIER COUNTY, , FLORIDA TOM HENNING; CHAIR- MAN DWIGHT E. BROCK, CLERK By: IS/Linda A. Houtzer, Deputy Clerk (SEAL) Nov. 16 No. 369877 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 November 16th, 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 I 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 newsyaper. /? . .;/,.-[ ( Signature of affiant) Sworn to and subscribed before me This 18th day of November ,2003 Date: January 21, 2004 To: Robin Meyer, Planner From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003-428/Development Order 2003-03 Enclosed please find one document as referenced above, Agenda Item #17C, approved by the Board of County Commissioners on Tuesday, December 2, 2003. Certified copies were also mailed to DCA and SWFRPC per instructions in the Executive Summary. If you should have any questions, please contact me at 774-8411 Thank you. Enclosures -- II 17C li~ t7C Dwight E. Brock Clerk of Courts €eupti:. of eollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330 I T AMIAMI TRAIT.. EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds January 21, 2004 Mr. Bernard Piawah State of Florida Department of Community Affairs Development of Regional Impact Section 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 Re: Development Order 2003-03/Resolution 2003-428 _ Tollgate Commercial Center Dear IYIr. Piawah; Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, December 2, 2003. Very truly yours, DWIGHT E. BROCK, CLERK ~a'~jJ(. Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax-(239)775-2755 Email-collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts COUlltyof Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 I': .. 17C Clerk of Courts Accountant Auditor Custodian of County Funds January 21, 2004 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Development Order 2003-03/Resolution 2003-428 _ Tollgate Commercial Center Dear Mr. Trescott: Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, December 2, 2003. Very truly yours, DWIGHT E. BROCK, CLERK ~O'~/iJ~. Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 W ebsite- ~.clerk.collier.ft.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.ft.us I 17C DEVELOPMENT ORDER NO. 03-~3 RESOLUTION NO. 03 - ~8 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER WHICH EXTENDS THE DEVELOPMENT ORDER PERIOD OF EFFECTIVENESS UNTIL DECEMBER 29,2007; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commiss'oners of Collier County, Florida, approved Development Order 84-1, as amended, (the Development Order) on January 17, 1984, which approved a Development of Regional Impact (DRI) known as Tollgate Commercial Center; and WHEREAS, since January 17, 1984, the Board of County Commissioners has approved several amendments to the Toll Gate Commercial Center DRI, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the Board of County Commissioners approved Resolution Number 97-75 which extended the effective date of the Development Order to December 30, 2002; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS; the owners of the DRI property desire to extend the time that the development remains in effect; and WHEREAS, William R. Vines of Vines a.ld Associates, Incorporated, representing Robert S. Hardy, Partner, Toll Gate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on November 6,2003; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on December 2,2003. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: Words underlined are additions; Words struck through are deletions ~ 17C rW SECTION ONE: AMENDMENT OF DEVELOPMENT OREDER That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until December 30, 2002 December 29.2007. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject to the amendment petition is legally described as set forth in Exhibit" A", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate Commercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCULSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. E. The proposed amendment to the Development Order is not a substantial deviation from Development Order 84-1, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITT AL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1 as amended, shall 2 Words underlined are additions; Words struck through are deletions I 17C remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 03- JU.. shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by Law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this J..Nb day of _ beceJV\ber- _,2003. BOARD OF COUNTY COMMISSIONERS COLLIER ~NTY, FLORIDA. BY: JrJL- \\IlIHl;/1 ATTEST:>"'~~' C~,~r.{;"",< DWIGl}.t $~RQ,gK~'6't)i~ :: n,.. :". '...~ ,'''A '. ~ :;.>.: :~~r' jl~~'_,~"~~ "0. ~t ~ ~ ~: ~"'':I'I~; ~ :;, &u.; ~r1(;~7jJf~',,:',:.D'G. 0, '/J .,......,~ " '.{. SlJat~~'" .,.. " , '. I'.,' """''' Attest as t~ ChaiMlln'S s1gni:i!"" (I' 1 \I '. l; ... Approved as to Form and Legal Sufficiency l/Ir~~i~ PlI ~ Marjori M. Student Assistant County Attorney DOA-2003-AR-3911/RB/lo 3 Words underlined are additions; Words struck through are deletions :Z'S. JOHNSON STREET TE~EC.11IS3A~. TE~ERC.'J1 "..,.., ,"OST O,.,.,CII .OX ISSO 1180Z- ISSO CARL II. JOHNSON '811- ,... ., \. : 'I~~I~~M~NT.~R. I ""ESIDENT . . ,FOR~EST .H. BANKS . . JOSEPH W. EBNER STEVEN K. MORRISON ',' . AN,DREW D.' TI.L TON JEFFREY C. COONER .. . . DAN..w.DICKEY KENTONR. KElLING GEORGE J: KALAL I MICHAEL L HARMON , THOMAS L FENDLEY W. DAVID KEY. JR. W. BRITT POMEROY I CARL A. BARRACO ,GARY R. BULL . KEVIN M. WINTER CONSULTANTS I LESTER L. BULSON ROBERT S. O'BRIEN CIVIL ENGINEERS AND LAND SURVEYORS January 7. 1991 4{ 70 ~ d -lJ C..:::I DESCRIPTION TOLLGATE COMMERCIAL CENTER SECTION 35. T. 49 S.. R. 26 E. AND SECTION 2. T. 50 S.. R. 26 E. COLLIER COUNTY. FLORIDA ~,,"'" ,!j'1J~:~ ' ~..'.:I~'~ .~. ", ~11 , . I,"i'f-~ ., A tract or parcel of land lying in Section 35. Township 49 South. " Range 26 East and Section 2. Township 50 South. Range 26 East and . ,Section 2. Township 50 South. Range 26 East. Collier County, Florida which tract or parcel is described as follows: From the southeast corner of said Section 35 run N 89- 45'01" W along the south line of said Section 35. also being the common township line of said Township 49. and 50 for 437.90 feet to an intersection with the east line of the parcel as desGribed in deed recorded in Official Record Book 1477 at Page 246. Collier County Records and the Point of Beginning. From said Point of Beginning run S 00- 02' 19" E along said east line for 60.48 feet to the southeast corner of said parcel; thence run S 89- 57' 41" W along the south line of said parcel for 2200.70 feet; thence run S 89- 56' 02" W continuing along said south line for 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement. also being the southeast corner of Tollgate Commercial Center Phase Two as recorded in Plat Book 18 at Pages 23 and 24. Collier County Public Records; thence run N 00 - 46' 58" E along the east line of Phase Two and' said FP&L easement for 1278.72 feet to an intersection with the limited access right-of-way line of State Road No. 93 (1-75) also being the northeast corner of said Phase Two and also being the northeas t corner of . ,Tollgate Commercial Center. Phase One as recorded in 'Plat Book 16 at Page 1. Collier County Public Records; thence run the following courses and dis tances 8.1ong said limited access right-of-way line: S 87- 55' 12" E for 89.90 feet; thence run S 78- 44' 38" E for 318.32 feet; thence run S 74- 09' 17" E for 1199.30 feet; thence rUn S 73. 00' 33" E for 1904.96 feet to a point of curvature; thence run southeasterly along the arc of said curve to the left of radius 11621.16 feet (delta 01- 09' 07") (chord bearing S 73-'35' 07" E) (chord 233.67 feet) for 233.65 feet to an intersection with the "north right-of-way line of State Road No. 84 (Old Alligator Alley); thence run N 89. 45' 01" W along the north right-of-way line of said State Road No. 84 3 AGENDA ITEM 8-0 I 17C Co~r County --- '- ~...-.. ~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 6, 2003 SUBJECT: PETITION NO: DOA-2003-AR-3911, TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMP ACT (DRI) AGENT/APPLIcANT: Agent: William R. Vines Vines and Associates 800 Harbour Drive Naples, Florida 34103 Owner: R. S. Hardy Toll Gate Commercial Center 5692 Strand Court, Suite 3 Naples, Florida 34111 REQUESTED ACTION: This petition seeks to amend Development Order No. 97-2 for the purpose of extending the life of the Development Order (D.O.) from December 30, 2002 to December 29, 2007, so the development of the remaining undeveloped sites may continue to completion. GEOGRAPHIC LOCATION: The subject site is located in the Southeast quadrant of 1-75 and Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (See illustration on following page) DO-03-AR-39 1 1, Toll Gate Commercial Center ( ~ I!l 0.1 ~ ! I;; ~ IO! <( ~ ~ 0 W I- - en I 17 d'" .i~ ~ M/w .OCH l;e - Ott'O IO! >l~1:l "'I:l~ ~Ii '" I~ If! -"' ~Iz ~ ~ ~g ~ .: : ; I:l J'1Y-)S Q1 ION I I- - i l! ~ h !! ~i :;! Ii; ~ ~ !! I ! tZ wQ -'1;( C 00 0:0 G.....J < 1; " !:! .. ::! N N .. .. - l! .. 611 NI! ( ,., ~i :El al ::: - N I . c w~ ( ~ I e ( a ~ il ~t 5 N ~ 11 ~r i 9 ~ c ~ ~ a i ~ ~ -- . ...,_._,---~ .0.'.____"..---- I 17C PURPOSEIDEScRlPTION OF PROJECT: On February 11,2002, D.O. No. 97-2 extended the D.O. life from December 31,1997 to December 30, 2002, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of D.O. No. 97-2, the applicant seeks to extend the life of the D.O. so that development of the remaining undeveloped sites may continue to completion. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: Because of the age of the project, the Southwest Florida Regional Planning Council (SWFRPC) and the Florida Department of Community Affairs (DCA) determined that amending the D.O. and extending its life would first necessitate filing a Notice of Proposed Change (NOPC) to a Previously Approved Development of Regional Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact Study). The Transportation Assessment was conducted under contract with the Southwest Florida Regional Planning Council, and coordinated with Collier County and Florida Department of Transportation (FDOT) transportation staffs. The NOPC was filed on October 1, 2002, and was approved by the Southwest Florida Regional Planning Council without objection on November 21, 2002. DEP ARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs coordinated their response with the Southwest Florida Regional Planning Council as explained in the paragraph above and a notice of change was filed on October 1, 2002, and approved with no objection. pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the change listed above is deemed to be consistent with the regional goals, resources and facilities as previously determined through the D.O. process. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f) 4., F.S., the Department has not objected to this NOPC. ST AFF REVIEW: Development authorizations contained in the Development Orders have been met for years and this is an ongoing project that has a limited number of properties that still need to be developed. The current review of traffic issues by the Southwest Florida Regional Planning Council and State Department of Community Affairs found that the D.O. is still compliant and there were no objections to it. The proposed revision to the Toll Gate Plaza Development Order document does not adversely impact any adopted level of service standard. This amendment only extends the DO-03-AR-39 1 1, Toll Gate Commercial Center 3 I 17C date of expiration for the project by five years from December 30, 2002 to December 29, 2007. Staff is of the opinion that this amendment will not adversely impact the development strategy for the Toll Gate Commercial Center. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition DO-03-AR-3911 as described by the amending Development Order resolution included in this Staff Report. DO-03-AR-39 1 1, Toll Gate Commercial Center 4 I:~ - 17 C ~BY: , Q .~ 'DI'JI leg ROBIN MEYER, PRlNCIP PLANNER ~ DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: LO' 2.'2.'0.3 LLOWS, CHIEF PL ER DATE TMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ L/lk.U ~IA /(2/U'/03 flU SAN MURRAY, AlCP, INTERiM DIRECTOR DATE ' DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: J SEPH K. SCHMITT, MINISTRATOR MMUNITY DEV. AND ENVIRONMENTAL SVCS. 'I!""'~J? ~ Staff Report for the November 6, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: AM$ /I ;!j) RUSSELL A. BUDD, CHAIRMAN DO-03-AR-3911, Toll Gate Commercial Center 5 , Vines & Associates Inc urban planning. land planning ~ If 17C William R. Vines, President Member AICP 800 harbour drive naples florida 34103 239.262.4164 fax 239.262.5791 e-mail wvines800@aol.com pobox 933 Iinville north carolina 28646 828.898.9837 fax 828.898.9847 COVER LETTER APPLICATION TO AMEND THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT ORDER The Tollgate Commercial Center DRI Development Order was originally approved via DO 84-1 on 1-17- 84. It was expanded from 69.4 acres to 100.24 acres via DO 92-1 on 2-11-92. On 2-11-97, DO 97-2 extended the DO life from 12-31-97 to 12-30-02, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of DO 97-2, this application seeks to extend the life of the DO so that development of the remaining undeveloped sites may continue to completion. Because of the age of the project, the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs determined that amending the DO and extending its life would first necessitate filing a Notice of Proposed Change to a Previously Approved Development of Regional Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact Study). The Transportation Assessment was conducted under contract with the Southwest Florida Regional Planning Council, and coordinated with Collier County and Florida DOT transportation staffs. The Notice of Change was filed on 10-1-02, and was approved by the Southwest Florida Regional Planning Council without objection on 11-21-02. The specific Development Order language adjustment proposed is as follows: Section 7 of Development Order 84-1 as amended by Development Order 92-1, further amended by Development Order 97-2, is hereby further amended to read as follows: That this Order shall remain in effect until December 30,2002 December 29.2007. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. . DOA-2003-AR-3911 Project # 19990193 DATE: 3/25/2003 RAY BELLOWS Words underlined are additions; words struck tl"lro\:lgn are deletions. - Exhibit "A" - --,-,--~.-_..._._"."_...,._",.._...._+-_._-,~.__..-....--.-..-,-,..,--_..~-,.- 17C PETITION NAME: Ton ate commercial Center DATE: 3-19-03 APPLlCA TlON FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES 1. Name of Applicant (sL R. S. Hardv Applicant's Mailing Address 5692 Strand Court. suite 3 State FI Zip_34111 City Naoles Applicant's E-Mail Address: Applicant's Telephone Number:Res: Bus.: 239-593-3883 Fax#: 239-594-5677 Is the applicant the owner of the subject property? 0 Yes 0 No o (a) o (b) 'fapplicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant if an owner. indicate exactly a' recnrded, and Ii,t all other owne". if any. If applicant if a lessee. attach copy nf lease. and Indicate actoal nwne" if nnt indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and Indicate actual owner(s) name and address below. ~ (c) o (d) o (e) o (t) See the attached Cor orate Structure and Si nin Block (If space is inadequate, attach on separate page.) _Firm Vines & Associates, Inc. 2. Name of Agent wmiam R. Vines Agents Mailing Address 800 Harbour Drive State_FL Zip_341 03_ City Naoles Agent's E-Mail Address:WVines800@aol.com Telephone Number" Res.: Bo,._239-262-4164 Fax#: 239-262-5791 .. 17C ~ 3. DO ORDINANCE NAME AND NUMBER: Tollaate Commercial Center DO 97-2 4. DET AILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. Ifrequest involves change to more than one zoning district, include separate legal description for property involved in each district. Ifproperty is odd-shaped, submit five (5) copies of the survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 35 TOWNSHIP 49.South RANGE 26. East See Attached ~ 5. Address or location of subject property Southeast auadrant of 1-75 and Collier Blvd. ~ = 6. Does property owner own contiguous property to the subject property? Ifso, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No = ~ 7. TYPE OF AMENDMENT: 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: 0 A. PUD Document Language Amendment 0 B. PUD Master Plan Amendment ~ C. Development Order Language Amendment 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No ~ Yes ONo Ifno, explain: PETITION #: DATE: 10. HASANY PORTION OF THE PUD BEEN ~ SOLD and/or ~ DEVELOPED? CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVE(OPED? DYes t8l No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Most develo ment sites have been sold and develo ed. ARE ANY ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately _' , "Jl (j-",:!lft, "3,', ;> , .. ~fi U AFFIDA VIT We, ~. ~. ~ /::::,. ~ 0 ~ being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. TOLLGATE COMMERCIAL CENTER BY TOLLGATE, INC. GENERAL PARTNER By Robert S. Hardy, President < ~ffh~/ SIGNATURE OF OWNER / " Signa~e~Owf) \ C,,J - .v:-.. \j~ Signature of Agent State of Florida County of Collier County BCC The foregoing ~tion was acknow)edged before me this ~o r Day of ~ M /AM , 2002 by ,Ol:3gd ::;;..fl; /j Who is personally known to me and did not take an 0 . (Signat e of Notary Pu lic "\\"~'it,,, Valerie J. Stoll f!~~"~-:commission IF CC 818172 ::'~..6Ji= Expires Apr. 30,2003 o;.''!1)jn;sr-~ Bonded Thru N aT ARV'pu~~f~ H'lOdlOg va., lnc. ,.)~"...", 1 "?C III TOLLGATE COMMERCIAL CENTER Corporate Structure and Signing Block TOLLGATE COMMERCIAL CENTER ! 1 50% TOLLGATE JOINT VENTURE \ r 50% AMPCO INVESTMENTS, INC (Owned by A. M. Papineau estate) T 50% 8475, Inc. (Owned by Alex Rubin Estate) 50% Tollgate, Inc. (Owned by Naples Road Building Corp.) \ (Owned by R. S. Hardy and Paul Hardy) SIGNING BLOCK TOLLGATE COMMERCIAL CENTER By Tollgate Joint Venture By Tollgate, Inc. By R. S. Hardy, President DEVELOPMENT ORDER NO. 03-_ RESOLUTION NO. 03 - _ A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPAC1 (ORl), B'x' PROVIDING FOR: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER WHICH EXTENDS TIiE DEVELOPMENT ORDER PERIOD OF EFFECTIVENESS UNTIL DECEMBER 29, 2007; SECTION TWO: FINDINGS OF FACT; SECTION TIiREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITI' AL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 84-1, as amended, (the Development Order) on January 17, 1984, which approved a Development of Regional Impact (DRI) known as Tollgate Commercial Center; and WHEREAS, since January 17, 1984, the Board of County Commissioners has approved several amendments to the Toll Gate Commercial Center DRI, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the Board of County Commissioners approved Resolution Number 97-75 which extended the effective date of the Development Order to December 30, 2002; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS; the owners of the DRI property desire to extend the time that the development remains in effect; and WHEREAS, William R. Vines of Vines and Associates, Incorporated, representing Robert S. Hardy, partner, Toll Gate Commercial Center partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on November 6, 2003; and WHERE~.s, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on December 2,2003. NOW, TIiEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: Words ~ are additions; Words slnlek \RrOllgft are deletions 't;;~;efl Pi ..~. Ie" ~. J ct!s SECTION ONE: AMENDMENT OF DEVELOPMENT OREDER That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until Deeemeer 39, 20~ December 29. 2007. An)' development activity wherein plans have been submined to tile County ror its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject to the amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate Commercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCULSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The l?roposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. E. The proposed amendment to the Development Order is not a substantial deviation from Development Order 84-1, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1 as amended, shall 2 Words ynderlincd are additions; Words stn~al[ tllrallgh are deletions , I'.." r'J tL; 1 t::....~ remain in full force and effect, binding in accordance with its termS on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 03-_ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by Law. BE IT FURTIffiR RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN A nEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency -VV~i"On ~ Marjori M. Student Assistant County Attorney OOA.2003-AR-3911IRB/lo 3 Words ~ are additions; Words strosl, Illr9\1g1l arc deletions