Backup Documents 09/02/1997 RBCC REGULAR MRRTING OF
September 2, 1997
14e~ Les, FL
Aff~d~vt! of Publication
I,CapLea Dui Ly News
BQARB OF COUNTY COIgqI.~SIONEI~$
ATTH: NANCY SAI_OGLI~
PO BOX &1~16
NAPLES FL 3~101-~4~16
REFERENCE: 00~230 --701237
57556305 NOT/CE OF PUBLIC HEE
State of Florida
Co~nty of Collier
~.fore the u~erslgned eu~;x~rity, per~oe~aLLy
appeared ~eLa Dry, t, ~ ~ ~th ~ys t~t she
serves a~ AslJlt~ Secreti~ of the ~pLes OatLy
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of the ~vertJst~ m ~L1~ tn ~td r~r
A(~t further ~s t~t t~ M~d ~Lts
Collier C~ty, FLort~, ~ t~t the ~d
r~spe~r ~ ~retofore ~
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next prec~t~ t~ first ~lt~t~ of t~e
ettae~ ~ of ~ertia~t; ~ affi~t
furt~r ~ys t~t ~ ~* ~tther ~d ~r
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dJec~t, r~te, ~i~i~ or ref~ for :~
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PUBLISHED C~: 08/3!
AD SPACE: 52.000 INCH
FILED C~I: 09/Crl/97
Febn~. I~).
I~te~ DaiLy ~s
I~Le~, FL
Affidavit of
ItepLes Da~ly News
~OARD OF COL~TY COI~Iss[r~ERS
ATTN: NANCY SALOTaU~
~0 ~OX 41~J16
NAPLES FL .'~4101-~016
REFERENCE: 005230
57S554~1 COLLIER COUNTY BOARD
State of FLorida
Co~ty of Collier
~forz the ut~leraigned ~xt~rity, personally
a~:~oea r ed
serves al ~si~t~t Secreta~ of t~
Collier C~ty, Flor~: t~t t~
of the ~vert~i~
~ ~te~ list~
Affiant furt~r ~m t~t t~ ma~d ~le~ Da~ly
~ews t~ a ~r ~li~ at ~tea, tn ~$d
Collier C~ty, Flort~, ~ t~t the ~d
~s~r ~ ~retofore ~ ~tt~ly
~lfml~ tn ~td ~llter ~ty, Flort~, each
~tter at t~ ~st offtce tn ~l~, tn ~td
~LLter C~ty, FLori~, f~
~xc prec~i~ t~ first ~Lt~tt~ of the
attac~
further ~ays t~t ~ ~s nett~r ~td ~r
pr~ts~
dis~t, r~te,
~r~se of ~ecuri~ this ~vertis~t for
PUBLISI4EO C~: 0~/31
AD SPACE: 4~.000 INCH
F!LEO Oe~: 09/01/97
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Mano~e-
September 2, 1997
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 2, 1997
9:00 A.M.
NOTICE: ALL PERSONS WISH/~G TO SPEAK ON ANY AGENDA ITE~ MUST
REGISTER PRIOR TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON $73BJECTS WHICH ARE NOT ON THIS
~ MUST BE SIlf~~ IN WRITING WITH EXPLANATION TO THE COUNTY
AI~4I/qISTRATOR AT T.F~AST 13 DAYS PRIOR TO T~{E DATE OF THE MRRTING AND
WIIJ~ BE HEARD UNDER "PUBLIC PL~ITIONS".
ANY PEI~qON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL Nk~ZD A
~RD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED
TO ENSURE T}IAT A VERBATIM RECORD OF THE PROC~ZD~S IS MADE, WHICH
RECORD INCLUDF, g THE TESTIMf)NY ANI) EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED.
;%LL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTI~FI/~G DEVICES FOR THE HEARING IMPAIreD ARE AVAILABLE IN
~ COGNTY COMMISSIONERS' OFFICE.
LUNCH RECF,qS SCHEIN31.~zn FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION
2. PLEDGE OF A/J~GIAZ~CE
3. APPROVAL OF AGENDA AND CONSf~T AGENDA
Approved and/or adopted with changes 5/0
APPROVAL OF MINUTES
5. PROCI~%MATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming September, 1997 as Childhood Cancer
and Blood Disorder Awareness Month. To be accepted by Nancy
Constantine, a parent of a chi].d with cancer.
Adopted 5/0
B. S]KR¥ICE AW~%RDS
C. PRESENTATIONS
Page
September 2, 1997
1) Welfare Reform and Florida's Wages Program Presentation.
Presented
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR C(H~TINGF/~CIES.
1) General Fund (001) FY 96/97.
2) Community Development Fund (113) FY 96/97.
3) Facilities Construction Fund (301) FY 96/97.
PUBLIC PETITIONS
A. Mr. Jim Co!etta regarding the Collier County employee
Christmas party.
County Ai~-{n~strator to work with Florida Sports Park to develop
perimeters for Board consideration
B. Mr. John F. Hooley representing Lely civic Association
regarding storm water drainage.
Staff directed to develop options for Board consideration
C. Bradley Cornell regarding support for an exotic plan
quarantine research facility.
Staff directed to develop resolution for consideration on 9/9/97
8. COUNTY AE~(IlqISTRATOR'S REPORT
A. CCH~T~qI.~"f DEVFJ_X)I~T & ENVTR~AL SER%riCES
Continued to 9/23/97
1) Determination of whether 24 owners in Big Cypress
Sanctuary (Loone~ille) are required to obtain certain
permits and/or pay applicable fees.
Continued to 9/23/97
B. PUBLIC WORKS
1) Final report on the update of the Integrative Corrections
Strategic Development Plan.
Presented; County A~]m~n~strator to meet w/Captain Smith,
sub-co~nittee of the productivity co---{ttee and
staff to r~ie~ study, and com~ back to the Board with a
reco~enc%ation. (Consensus)
C. PUBLIC S~CES
D. SUPPORT
Page 2
September 2, 1997
E. COUNTY A~INI STRATOR
1) Establish reserve of $150,000 each year (Total $450,000)
to fund reconstruction of outer half Naples Pier in the Year
2000, Category A, Tourist Development Funds.
Approved, subject to Interlocal A~reement w/City - 5/0
2) Consider funding Office of Capital Project Management
$91,080 for Management of Beach Projects, Category A, Tourist
Development Funds.
Approved - 5/0
3) Approve funding the Naples Area Chamber of Commerce
$75,000 for Fulfillment, Advertising and Promotion Category,
Tourist Development Funds.
Approved 5/0
4) FY 97 Third Quarter Revenue Report.
Presented
9. COUNTY A~"~ORNEY'S REPORT
A)
Recommendation that the Board of County Commissioners accept
a settlement offer in Sharon Roberts v. Collier County, Case
No. 96-362-CIV-FTM-17, United states District Court for the
Middle District of Florida and authorize the Chairman to
execute the necessary settlement documents upon review and
approval by the Office of the County Attorney.
Approved 5/0
B) Marco Island incorporation
Services to Marco Island to remain status quo until such time
f-h~t city is able to take over those functions; Update on
Certificates signed by the Cauv~ssing Board; Information re
Candidates for Marco City Council; and tra-~fer of MSTU's
10. BOARD OF COUNTY CO~MISSI~
Appointment of members to the Public Vehicle Advisory
Committee.
Res. 97-344 Appointing Clifford Wesley Flegal, Jr. and Thomas
Lug£in; John Dougherty to fulfill remainder of Mr. Lugrin's
vacant term. Adopted 5/0
11. OT~ER CONSTITUTIOn[AL OFFICERS
PUBLIC C09~]ENTONGENERALTOPICS
~y DuniVan re Governor's Commission on Sustainable South Florida.
Page 3
September 2, 1997
PUBLIC HEARINGS WILL BE HEARD /~IA~'ELY FOIJ~ STAFF
ITm~S
12. A~VERTISED PUBLIC HF2%RINGS - BCC
A. COMPREHENSIVE PLAN
C.
1) Recommendation to the Board of County Commissioners to
consider the application submitted by Florida Cablevision
Management Corporation d/b/a Time Warner Cable for the
renewal of a cable franchise.
Approved 5 / 0
13. BOARD OF Z(H%v//~G APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. O~T~ER
14. BOARD OF CfKINTY Cf~ISSIfH~E~,:$' C(]~MI~iCATIONS
A. Commissioner Berry re criticism from media relating to the
February golf tournament and meeting with Clerk Brock.
County Attorney Weigel [~rovided an update to the BCC of that
meeting.
15. STAFF' S CO~MUNICA'rIONS
16. CfH~SENT Af~]~E&~ - Ail matters listed under this ite~ are
considered to be routine and action will be taken by one motion
without separate discussion of each item. If discussion is
desired by a member of the Board, that item(s) will be removed
from the Consent Azjenda and considered separately.
Approved and/or adopted with changes 5/0
A. COMMONTTY DEVELOPMENT & ENVIRONMENTAL SERVICES
i) Recommendation to approve Commercial Excavation Permit
#59.616 "Ramsey Excavation", located in Section 14, Township
49 South, Range 26 East, (Unit 27, Tract 18, Golden Gate
Estates) Collier County, Florida.
2) Re,lest to approve for recording the Final Plat of
"Sterling Oaks Phase 3A".
With Construction andMainten~ce Agreement & stips.
Page 4
September 2, 1997
B. PUBLIC WORKS
1) This item has been deleted.
2) Recommendation of speed limit changes and establish
maximum speed limits for the roadways listed below and to
prohibit the operation of trucks and other commercial
vehicles having a rated load-carrying capacity in excess of
five (5) tons from through movements on Andrew Drive,
Caldonia Avenue and Calusa Avenue (Collier County Ordinance
83-35).
Res. 97-340 & 97-341
3) Request the Board of County Commissioners establish a "No
Parking" zone on CR 901 (Vanderbilt Dr.) in the vicinity of
CR 888 (Wiggins Pass Rd).
Res. 97-342
4) Petition AV 97-016 to vacate a 10' wide Utility Easement
as recorded in O.R. Book 1640 at Page 1256 and to vacate the
adjacent and contiguous 10' wide Utility Easement as recorded
in O.R. Book 1675 at Page 515, Public Records of Collier
County, Florida, being in Section 36, Township 49 South,
Range 25 East.
5) Approval of Bid Award for purchase of one Mini-Excavator
for the Wastewater Collections Section in accordance with Bid
#97-2692.
Award to Kelly ~actor Company, in the amount of $38,670.45
C. I~]BLIC SERVT. CES
1) Accept the attached Warranty Deed from Avatar Properties,
Inc. for purposes of constructing a neighborhood park.
Require~ment of an ap~raisalwaived
D. SUPPORT S]KR%r/CES
1) Authorization to advertise for a Public Hearing to
consider the adoption of an Ordinance amending Ordinance No.
80-47 called the Collier County Parking Ordinance, raising
parking fines and including for other provisions.
2) Approval of a Limited License Agreement between Board of
County Commissioners, Collier County, Florida, and Golden
Gate Area Chamber of Com/nerce, Inc.
3) Cancel current taxes upon land donated for public use.
Res. 97-343
Page 5
September 2, 1997
I) Recommendation that the Board of County Commissioners
increase the contract amount for the environmental services
bain0 utilized in the development o~ the long term Clam Bay
Restoration Plan.
In the a~ant of $226,400.00
2) Recognize additional revenue in Criminal Justice Trust
Fund and transfer to the General Fund.
3) Budget Amendment Report.
B.A. 97-417
F. BOARD OF COUNTY CO~e~/SSIONERS
G. MI SCEIJ~kN~OUS CORRESPfH~DEI~CE
1) Satisfaction of Lien: NEED MOTION authorizing the
Chairman to s~gn"S~{'l~acti°n of Lien for Services of the
Public Defender for Case Nos.: 90-3072-TM, 89-5601-TMC,
91-2060-TMC/91-2061-TMC, 96-883-MMA, 90-6095-TMC/90-6094-TMC-
2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED
Page 6
PR OCLA MA TION
Florida's greatest resource and most cherished treasurers are indeed our youth,
who truly have so much to offer.., included in this population are those children
with special needs who suffer from childhood cancer and blood related disease;
and
while the research and treatment of today has extended the lives and made a
positive impact upon the life experiences of many of these children, and while
the number of long-term survivors is slowly increasing, it is essential that we
work together as a people and as a State to ensure that this trend continues on
the upscale; and
dedicated organizations like Candlelighters of Southwest Florida, Inc. remain
deeply committed to expanding the resources and education available to
families whose children have cancer or blood related disease; and
Florida, proud home to some of the finest medical institutions in the world
whose professional staff are presently at the forefront in cancer research and
other advances is ~izing and applauding the valuable
role which fami, helping our medical
rng.
NOW THEREFORE.
the Board of Collier
Septemb~
DONE AND
2nd
CHAIRMAN
CI
EMPLOYERS! NEWS FOR YOU!
Rcccn~ ch:,-nge~, now alloxv mt~re ~ax breaks and
committed to cmpk6' i'a:~Ple who receive temN~ra~'
t'amflv a,sist:mte under thc ~AC;E5 pre,gram
and Gain Ec¢~nomic 5dl'-Sufficicncy). Now you. thc
cmpl,,ycr, tan ~ncfit hy hiring a kX'AGES p:~ici-
WAG~ p.~CIP.~TS - ~t0 ~
~EY?
t.'ni~kc thc c.¢,mm~n mis~rccpli;~n :tl~,t~t public
a,~i>lance recipients:
~ -6 ~rcent of the WAGE~ participants have
workplace ex~fience.
4- 5N~ul half have completg3 high <N,~I ~or GED~
,~ have had ~sbccondaq' education.
~. ~5~GE5 participants xx'ill have tcccived ?h
Readiness training ut a J~hs and t~r, dit.~ center.
O ~c5' compfi~ an ethnically di¥cr~' ga~up :md a
large i~'tent~al workforce.
~T ~ ~E BE~HTS TO YOU?
Employco; who hire WAGES paaicipanks
permanent iobs receive certain employer incentives.
Incentive:, ma}' include reductions andor credits on
<des. corn,rate and other laxt~$. Also. under XXi~rk
<upp cmentation. ~hc worker's I>:ncfits can bc paid
d recih' to his or her employer.
x',i':xGl% panicip:mls ,.,,'ill h:tvc received training
make them beucr c nplovecs. The training
Y'sitix u at6tude and g¢×~d ow, lC ~ll'~er sca'ice.
Graduates of Job Readiness training prm'e to
time. cougeous empk6'res v,'ho ,,,,'ant to work and
!earn evc~' aspect of the iob. They will come
you with a certificate which verifies their completion
i~f t,,vo weeks of Job Club training, which indudo
work ,ricm:ltion. team huikting, v, ork ethic, and thc
iml-x~rtancc of w,rk.
Your k×'al Jobs and t~ncfits office i~. rc~.ldY to
help y,u list ..',ur job openin~'~.
WHAT CAN JOBS AND BENEFITS DO
FOR YOU?
0 \% can answer )',ur tax incentive questions.
+ \% can take your i.h orders :md help you fill
thc,a/, including pre-<reening and inten'iewing.
IO nlecl your ~quircments.
· ~- We can directly help you sign up for q~me of
~t~c N. nufits or will refer y,u to ibc proper
;igc~c3' fi~r additional Ix. nel'il informali,fl and
sign-up:
· :- ',% c:m aN~ gt~arantee y,,u applicant> who have
r~ccivcd assislancc in their iob st*arch, traimng
and suplx~nive ~cn'iccs net'ds m .rdcr to Ix, st
meet your employment requirements.
HOW TO CONTACT JOBS AND BENEFITS
11~ere is a [oc:d Jobs and BcnefiL', off'ice in your
an:a. Wc have over 100 ofl'icc.'s throughout the State
of Florida. We are the state's largest source o,~ iob
applicants and iob infommtion.
I'lease contact your kx:al Jobs :md Benefits office
for more detail's. ~e.',' will help you list iob ()pen-
ings and answer any questions y,u have.
FLORIDA D~pARTMEI'~T 0Ir
~;~ CHILPREN
~ & FAMILIES
"WorkPayS for Florida Business Campaign" Fact Sheet
· :. On February ~,, Govern()r Chiles..%crc:ap,' l)oug.lamers(m, and Secretary Ecl Fi:aver kicked off tilL' \Vc~rkl';,yS
for I:Ji)rid:~ i~,u~,incss C:lmp:~ign. 'l'hi~, i~ ;~ public axvarenu',', campaign du',igm'd I(~ d~)IXV~ tilings,: I~ sJl:lre
jl'tf()rlll:.lti()lq J)i'l in,.'untivcs ti)hJi-e \vt'Ilar:: jxiilicip:lIlls with J:J~rid:l'S J'~LISiI1L'~";L'$, ;lll{.J Icj ellc{ )LIr:lge ,.:lllpJ()yc'rs
t(~ Jisl i()l')S a',':lil:lbJv f~)r wolf:irc particip:mts with otlr .ii)b:, ;llv. I Bunt'fils (~fl'kcs.
· ,~. ()tlr p;irlnt:rs :t| the press kick~fl'f v,'cr,.':/\ssoci;llt:d Jlldttstric'S of J:lorida. the I:J()rid:l .,\[Iracli(lllS .,\ss(~ci:iti~wl.
tile t:Joricl:t Ch:italy:ir. thc |:Jorida Empl(~ycr Advisory (Muncii. Iht: J:J()rid:.i l lotel..'.\i()tcl ..\ss¢)ci:tti()rL ti/t:
Florida Rest;iLiral]tS Associali~nl. th:: Florida l*,uJaiJ J:ed~.,ration. the Florida l'nited Busint:ss Assc)ciati~n and
tile N:lli~m:lJ J:e(.leratic)n of lndependt:nt IJusinuss.
":* 'I'J'iL:FC J~as J)L'L'I1 ,~,rC",l[ L'X',:itL'II/elI[ ~.{cn~.'ralccJ l~'~' thc \',:'orkP;iv$ Calllp;li~ll. JLIllpJ¢)yL'rs ',Vt.'FL' ellcJ)tlra,~L'd Ii)
cai] loc:Il .l()b', and l:,unul'it~, ~fl'l'icu'~ I(~ :lccuss ji~ll)rlllatioI1 (H1'IHc illC¢'IIIi\'L'S 1<~ hire wdl'arc p;llliCip;lllI~ ;IIY. I
II) list johs.
+ SI). if V()Li :Irt: asked ;~.l',ol.lI "\\'()rkP:iv$"--yes, you have JleartJ of it! ()n tilt: back of Ibis sheet \'(>ti wil! find
IJlu ;u, iJllt:s :lnd pt'lOne ndl~./bers of ¢illr 15usincss lncentivt: Contact Staff ill C:IcH region of the si:itt: \\'ho can
JlandJc qLleSllons aboLll tile incentives, 'And of course. ()tlr own .] & i½ folks can definitely t:tk,.., jol~ orders!!
· :. Remember. \VorkJ)aY$ is related to WAGES...it i', the public awarenrss piece. Ax Governor Chiles s:,kl
ti;{: press conference "One t;t' thc grt:all:s[ challenges posed by the end of v,'eJf:lre is to see thai jobs ;.irt,
:v<lilable for people moving I'r(~m v,'t:lfare IO work. \'Corkl)avS t:stablisht:s :i strong pannt:rship I~.'tv,'een
th(e s',alc and the business c,,mmunity to help make wt:lfarc ri:form a success in Fh)rid:l."
+ Participaling cmplo','ers ar,: t.liy, ihlt: f~i s()mc or all of the incentives..~,ddilional inf(;rn~:lti~n i~, :l\':dlahle
from our Business i'ncentivc C~ntact Staff and thc contacts listed t~low:
· X~%GES Business Rcgisux'~tJandlud at all Jobs & Benefits offices. For specific lax ext. mplion info.
call the Florida [)cp:mmL'~t ,)f Revenue. Tax Policy and l)ispute Resolution section at ((~)q)-j~-O71~.
· Work Opportunities Tax Credit (WOTG~I.(~'al .l()bs & Benefits offices will handle, barked up by
the WOT(: Unit at 190.*J
· On the lob Training~l.ocal .lobs & Benefits offices will handle.
· Work S~pplemen~ation~Local lobs and Benefits offices will handle.
· Entc~risc Zone JDnefit~En~pl~yer may contact Office of T~)urism. Trade. and Economic l)uvvl(
at (90,i) 488-2568 to obtain list of local enterprise zone c()ordinators.
· Quick Response Training Program~ontact Enterprise Florida's Quick Rcsp(msc Training I'r(~gram
at (904) 922-80~5.
· Qualified Targeted Industries Tax Refunds ~QTl~ontact Enterprise Florida al (~4~ .i~-63(X).
Remember..."\Vork Pays for Florida Business"l
5 C"I
REGIOS I
Norm Cushon. Program Adm~nistralor
700 Soulh Palatox Street
Suite 135
Pensacola. FIorida 32501
Phone: 904-444-5860
FaY: 904-444-5850
REGION III
Brenda Browr,
215 Market Slreet
Suite 200
Jacksonville. Florida 32202-2851
Phone: 904-359-6080
Fax: 904-359-6233
Phil l"l(~chlin
Regioo IV Oil,ce
9215 North Florida Avenue
Suile 100
Tampa Florida 33612-7996
Phone: 813-930-7575
Fax: 813-930 7599
REGION V
Fred Bruneau
Region V Office
500 Soulh Florida Avenue
Suite 510
Lakeland. Flor,da 33801-6268
Phone: 941-499-2439
Fax: 941-499-2445
REGION S ]
Wil McTier
Jobs and BanDit,s
3111 South Dixie Highway
Suite 304 and 310
Wesl Palm Beach. Florida 33405
Phone: 561-837-5683
Fax: 561-837-5275
KEf;ION
Roger Good
Region VII Olfice
3745 Broadway
Suile 307
Fort Myers. Florida 33901
Phone: 941-278-7133
Fax: 941-278-7165
REGION Vlll
Don Walker
Region Viii Office
8300 Northwes! 53rd Street
Suite 200
Miami, Florida 33166-771
Rhone: 305-470-5620
Fax: 305-470-5619
~'AGES/WORK PAYS
BUSINESS INCENTIVE.S CONTACTS
Sam Collins. Program Administralor
1000 N.E. 16th Avenue. Box 40
Gainesville. Florida 32601-4598
Phone: 352-955-7162
Fax: 352-955-3063
Blaine Hendncks
215 Market Street
Suite 200
Jacksonville. Florida 32202-2851
Phone: 904-359-6080
Fax: 904-359-6233
Isabell Daws
Region IV Olfice
9215 North Florida Avenue
Sufle 100
Tampa. Florida 33612-7996
Phone: 813-930-7575
Fax: 813-930-7599
Judy Jones
Region V Office
500 Soulh Florida Avenue
Suite 510
Lakeland. Florida 33801-6268
Phone: 941-499-2439
Fax: 941-499-2445
MiF, Adams
805 Virginia Avenue
Suite 1
Fort Pierce, Florida 34954
Phone: 561-468-4060
Fax: 561.468-3984
Barbara Harlman
Region VII Office
3745 Broadway
Suite 307
Fort Myers, Florida 33901
Phone: 941-278-7133
Fax: 941-278-7165
Guy Forchion
Region VIII Office
8300 Northwesl 53rd Street
Suite 200
Miami, Florida 33166-771 t
Phone: 305.470-5620
Fax: 305-470-5619
Verlena Banks
1264 Timberland Road
Tallahassee. Florida 32312
Phone: 904-487-1795
Fax: 904-488-9633
Suellen Adams
215 Market Street
Suite 200
Jacksonville, Florida 32202-2851
Rhone: 904-359-6080
Fax: 904-359-6233
Cassandra Wtggms
Region IV Olhce
9215 North Florida Avenue
Suile ! 00
Tampa. Florida 33612-7996
Phone: 813-930-7575
Fax: 813.930-7599
Michael Starks
POA
2140 West Washington Slfeet
Orlando. Florida 32805
Phone: 407-245-1628
Fax: 407-245-1609
Sharon Dowde;I, Acting Manager
Jobs and Benefits
4205 Hollywood Boulevard
Hollywood. Florida 33021-6632
Phone: 954-985-4750
Fax: 954-985-4759
Cheryl Armstrong
Region VII Office
3745 Broadway
Suite 307
Fort Myers. Florida 33901
Phone: 941.278-7133
Fax: 941-278-7165
Raymond Cade
Region Viii Office
8300 Northwest 53rd Street
Suite 200
Miami, Florida 33166-7711
Phone: 305-470-5620
Fax: 305-470-5619
WAGES BUSINESS REGISTRY INCE
Introduction:
XX~.kGES Rcgist~' i5 ,~ namvd lxx;m,c il i~ tied lo WAGES I kX't~rk ,ind Gain Economc Scl '-Sufl'icicncy} - l:I~rkla's
welt'arc rcl'~ ~rm cl'f~,n.
Bottom Line Incentives:
.:. ';;ilcs Ltx cxcm[;li,m~ ;tr,,' ;txaliablc t',~ t~.cxx and c.xpanding
and equipment onh' after fl~lloxx lng a separate application pr(~'uss. Generally. new buhincsscs arc cnlirdy
ext'llq~l wbilc t.xp:t~ding btlsiqc~cs arc exempt allot Iht' first 5q(i.(~)(I in tax has Ix. un paid for Iht calcndar year.
.Xn clcctric':fl c~crgy <dc', ~ax cxt.mpti~,n ts .tx'ailablc for cu~ain industries, ht'g rcvcrsc qck' I'~r 51an~l:ml
lndtNri:d Clas~it'icatit~n ~NiC~ Indust~ Major
Details:
· :. Empl,,y,.'rs mt,~t cxprcs, a cc,mmitmcnl t,~ hire \V.,\¢;ES ]~rngram recipients (\\ell'arc rccipicntsl lu thc lll;I.killlllm
extent pos.,,i',>lc con,qstcnt with thc naturc of tilt'ir business.
+ Thc cicclrk:fl ,.:tlc'> lax rctltJtIi~r, ai'~I',lich to Charges fur clcoricily usud directly and cxdu~,ivciy at a fixcd
k~:alinn !u ~,pt. ralc machinery and uquipment in curl:lin induslries, primarily mining and manuf:~cluring. Thc
rcductk,', is bong ph:,scd in',xur fivc yc:,rs in 20 i×'rcenl incrclncnts and ;,,'iil reach 100 ix'fount July 1.21x,).
· l.. % qualify I;,r these uxcmpli~nx employers mu.,t submit thc :,ppruprialc form. For ncw and expanding hu'4-
nuss salc~ lax cxcllli'~lion~'. ';cml F~rnl I)R-121 t to Iht.' Florkla I)cparlmcr~t of Revenue. For vlcclrical .,,:tit',, lax
rcduclions. ~,t:nd., Ccnificatc ~f Excmplion to your utility provider.
Thc ufl'ct'livc ti:tlc of rcgislral;un with the WAGES Business t~,t.'g, ist~' will I)c tile postmark datc ()r lilt.' FAX dart'
(or date apl)lit:trion is received it' hand ddivertd}.
Cautions:
Failt re io rc!giqcr with tile \'(':\(;L'q Businos Registry prior to purcha..,ing machint.'r¥ and cquipmcnl will rc~,uh in
thc loss of that uxcmplion and lilt' duni:d o1' a subsequcnl claim for refund. No exemption xx'ill I',e all~wcd on
clcclrical cncrg':' pri~r lo rcgi.,,tralic~n wifl~ thc WAGES Busincs'; Rt.,gistry.
Where to go for HELP:
For :l \',.;'A(SE5 Registry applicalion, or l~ place a \V.~,GF.S job order arlcr rcgistrati~m, contact your
.lobs and Benefits Office. For t'unhcr information regarding registration requirements, call lilt' Burcau
Operations at ~'~)q ~ ,t~-9 l
For mort dctail.s on thc exemptions, call the Tax Poliq' anti Dispute Resolution section within thc J:lt~rid;t
l)epa~n¥:nt of Rcvcnuc at {t~)4} 4~-(}717.
r2.971
5 C 1
Industries eligible for sales tax exemption for use of utility
'sic Indu,;Iri:fl
~Num~_....__~ m~~umbers
10 ......................................... Metal Mining
12 .......................................... Co:fl .~lining
I3 ......... ~) & G,~s t{xtn~clion
I t ..................................... Mining & Qu:Lr~'ing of Nonmulallic .Xlinurals. l{xccpt Fucl~
20 ........................................ Fc ~ & Kindred l~rr~hlclX
21 ................ l'ol~acco I~r(~ucl.,
~2 ........................... l'uxt c Mill Pr(~lucl~
23 .~pp:~rrt ;md ()thcr Fini,hcd l'rcxluct, Made fr,,n F;ibric,
2-t l.un;}x'r & k~ixxl l'r~lucls
25 Furnilurt' ~ l:ixlurc~
2-. ................................ Printing. Ptflfli~hing. ;md AUicd Indu~tric~
2~; (]~cnlicnJs and Allied t'r~xluct5
29 .... 'c ro ct m Refining and Related Indus~ric¢,
30 ...................................... Rul~lx.r anti Mi%'ellanc()t s Plaxfi(> Pr~xtucts
31 ............................................ Leather and Lt-ather Pr~uds
32 .................................. stone. Clay. Glass. ami Crmcrcte I'r(xlm't~
33 ...................................... I'rinlaO' ML'tal Pr(~ucts
5q .................................... Fabrk'ated Metal Pr~lucls. Exccpt Machineo' and Transp()Tt:nion I{quipnlo~l
35 ........................................ industrial and Commercial M:lchint'~' and C(mlpU~t'r l.:quipnl,:nl
36 ........................................ Elt. clronic and Other Eledrical Equilm~cnl and
C~,l~Nmcnls. Except Crmlpuler Equipment
3~ ........................................... Trans[x;mnion Equipment
38 ........................................... Measuring. Analyzing. and Controlling Instruments:
Photographic. Medical nnd Optical G(xxls; *~btClleS nnd Cl(~'ks
39 ........................................ Miscellaneous Manufacturing Industries
'".";lC" means tJlosC clasqfic:mrms containcd in the Nand:~rd Industrial CI;ts~.ifk.'ati~n Manual. 19:q-. as pul'flir, hcd
by lilt' offict' Of ),lar'~ztgcn'~t:lll ;.lrld l/tldg'..'L I':XuCUfiVC Office ()f lilt' l'r,.:sidt.'nl.
WORK OPPORTUNITY TAX CREDIT (WOTC)
Introduction:
This fcdcr::l prugram replaced thc T:lrgctcd Johs lax Crt~it {~ITC~ and tx. gan .n ()ct~,l~'r 1. It~X~. ICmph~ycrs
rccuivu ~nomx' tax crcdit~ cqu;d lo 3% ~'rccnl of qualit~cd wages if they hiru worker, I'rt ~m any ~f fl~c fl,ll~xx lng
,.oxen l:lrgc~ gr~up,: Qualil'icd [~-A Rccipicnl l include,. ,%[:l)Ck Qualit'icd Voter.m: Qu.llil'icd l{x-Fcl~,n: }h~h-Ri,k
¥oHth: kk~':tliO~lal Rchahilil:~tion Rufcrral: Qualified Stmlillcr Youth: ami Qualil'icd t:~1 Stanq~ RL'~ ipicnl.
Bottom Line Incentives:
l:.mpJ(L,,'cr~, ruc,:iv,: tax c'rL'dit~, ,:qual ,~ 3'; t~rccnl ,,f qu;difit'd ,,rage> ;'or a inaximu:n :dJ~v,'ablt. cr,.:dil (~1 ~.2 I xl
pt..r ct~lpl()yc,.'. 'l tit., net tax crcd:t will dcpc'nd ~,n several fac'l()r,,, including thc cmpl,)ycr'~, ~ax raiL.. Ih,.' targt't g, nlp
and thc ;tlllOLllll ()J' \".';lgt'S c:lrncd
Details:
.h)b apl~Jic:m~ mu.,t bc in:ur~,~c',~,:d I'ur "pr~,hahlc c[igibiJi[y" PRIOR a~ a i(>i, ~,l'l'cr. Thc cmph~ycr I11tlq u~lllpJclc
and sign a Prc-scrccnin:~ X(>dcc. IR~ F(,rm ~(I. [.r thc indMdu:d ,n (,r Ix'fi,re Iht day lJlc individu::] ih ol'l'crcd
':' I'~r lll~>~' i:xlixxb:d~ xxh~, arc di~ihlc, c. mployurs mull suhmil :l Rcquc>l l'~r Cc~ific:tlion t~ Ibc XV()'I'(] ['nil...X
Request lbr Certification consists ,,l sending (ll the Prc.-Sc'rc. cning Nolic'c. IRS Fnrm ~i). i2i lndividu:d (:harac-
tcri~tic:, Fr,rm. }Ti'.~-9fff~l. and t3~ drx'umcqtaQ' evidence of digihility Io the WO'FC l'nit.
+ Requests ~houid I~ mailed I. thc WOTC ['nit, Florida I)cpanmcnt of 14flx>r :md Employment Security. I)ivbi~n
of.lobs and Bund'its. 1320 Executive Center Drive. R~x~m 3(~L Tallahaxscc. Florida 32Y~)4.~-.
Cautions:
+ Thc' credit canrx)l tx' d:limcd unless thc IR."; Form ~'t.;I)is complclcd pri,r t, hiring, Should thc employer hire
someone who, is WO'I'C dfgihlc, ho'she has 21 days from thc st:l~ date to stJl~nlil a Request fi)r Certification.
.:. :~n umpi.ycr haunt cmpluy thc ~'()'F(~ di.~iblc worker Ibr :l minimtml of-t(~) hours or IgO d:lvx. A sum;ncr
youth worker Il]LiSt J~' cmpk,ycd fl)r a minimum of 120 hours ,r 20 days (butwccn May 1 an(J Svptcmhcr lsd.
Where to go for HELP?
+ Contacl your kx:al Jobs and l~,cr~ct'it.s offic'c or Ibc WOTC Unit ;it 19041 4R,s4-91N).
+ To get IR."; Form 8850, thc \',;'ork Opportunity Tax Credit Pre-Screening Notice :md Certification Ruqucsl. clown-
load from http://www.irs.ustreas.gov/or call 1-800-829-36% (IRS Furn'ls [;istrihution Ct'ntcr).
':" To get ET.& 91)~';l. thc \X'OTC Individual Characturistics Form. download from http://www.doleta.gov/
(.i 97,~
Florida Jobs and Benefits
WAGES WORK SUPPLEMENTATION WORK AC'IIVII
Introduction:
Work Y, upplcmcnt:~ti.n, aim rufc. rred {o as Gram Diversion. is a mcth~ by which :in indMduars
Cash kssistancc i,:ncfits art: provided to empkLycrs fl)r a specified period of tirnc a,', an incentive t. hire thc indi-
viclual into the employer's regular workl'orce. Work Supph:mcntati.n is authorized by WAGILS {Work and (;ain
Economic Scll-Sufficicn%'). Florida'~ welfare re[o~ cf tim.
Bottom Line Incentives:
Work Supplementation is an investment c,f ~tate anct federal dollars to the employer community that woukl
n.rmallv have J~'en spent on dircc! Tem,rx)raO' Cash a.sqstance payments to individuals. This investment ~,h~uJd
result in full-time long-term unsubqdized employment for participants anti savings for thc :<itc.
Eligible individuals c:mno~ participate in \%rk Supplementation fi,' more thart a to~al -f six months. Employ-
merit must bc full-dine ~'minim,.:m ¢;1 32 hours a week and maximum of -it) hours a wcck) at :in hourly rate of pay
not le~s diem the federal minimum ';,'age. The employer mt,st pa.,,' thc participant wages and I~-nefils compar:tl~lc
those paid to o!hcr employees engaged in the same or ,,imilar work within thc organiz;,tion.
Cautions:
At th,: end of tile grant diversion periext, thc employer is expected to retain thc participant as a rcgular cm-
pk/yec, without rt.o:Mng a subsidx. If the employee is dismissed a{ any time within 12 months after termination of
thc grant diversion period. Glue in :in)' part to loss of the supplemcm, thc employer shall repay ;ill of tile supplt_'mcnl
previot~sly paid as a subsidy to the employer under the WAGF5 program.
Where to go for HELP?
For more information on WAG ES Work Supplementatkm. contac~ your nearest Jobs and BenefiLs Office.
ON-THE-JOB TRAINING INCENTIVF
Introduction:
on-thc-i,~h training i<).r'l'~ i~ training prm'kk'd by an employer Io a pamcipant whn has i~'cn rcfcrrcd
hired by I1~,: umployur f~JJowing an agreement thal thc cmployur will prm'ktc thc ~cup:Hi~n:ll training. In cx-
change, lilt cmpJoycr is rcimimr~cd Ibc cxlraurdinan' costs of Ibc Ir:lining.
Bottom Line Incentives:
Thc cmpl(,!'t.r can ri'coup up ~() ~,~)I~..rt enl ()f thc ~,,a.ges paid by Iht cmplost, r t~)
thc cx:raordinan' co.,,I.,, of trainingt ().IT is an excellent relining 111ClJl(Kl v,.'Jiit'Jl h;.l', long-term Ix:ncfil:, fl~r employees
and their Cml~h?r.,,. Thnn,gi~ O. IT. thc traincx- receive, lraining usualh' no! ax'aibl~Ic el.~'whcrc. They re~eivc :his
trainin~,z through :<tual cmph;ymcnt and arc highly likdv to remain cmplu.xcd after Iraming i, OmlpJctcd. T]tc
employers :~rc ruw:trdcd wilh workcr, xx horn they havc trained {o their awn sjx-cit'icali~ns. ().i'l' i, p:lnicul:trly
cncouragcd in hi:,,hcr-skill ,x.'t ul'uti,)n,, and can ix' done in coniuncti,m ~,vilh cla,,r¢,,m training al t.ducafional
:~gc'ncicx
Details:
~ ).l'l' i> lime limi!cd: il i~ n,~t I~ bt- m cxt'c~,~ of what i~, required Ibr thc pa~icipanl tu acquire thc .,kill, ncudcd
I't~r rite p~,sid,)n~. 1'l~c pcri¢~.l of reimbursement is nol to excel4 six months of training. OJT tan only Ix' provldcd
to th~se who haxc b:cn assessed and for whom OJT has I~n determined to ~ an approp~ate adiviff'.
:~grcum,znt i, t~ spct'il'y: thc ~>cctff)ation~ ~ for x~ hich Ir:lining is to Ix. prm'idcd. Iht' duratinn of training, wage r:llt'~
I~) bc paid. a }~,h docription or training uuflino thai rd]eels wim~ thc participant will learn.
Cautions:
OIT p:lr~icip:mt.< are t,)bt, c(>mN, nsatcd Iw tilt' cmpl(3'er at thc <m~c rate< as sim:lath' 5ilu:llt'd t'mph;yuc>.
They mu~t receive Ibc Sillllg I'¢.nufil5 and have Ibc same working condifionh as sirnilarlv silualcd cmployccx (~1'1'
agreements cannot hc entered into widl cmpioyem who have cxMmed a pa~tern of lailing to provklc CyT panM-
pants with omtinucd long-term employment. No one is to I~, placed into OJT if they alrc~dv have the skills f~r that
(~'c'upation.
Where to go for HELP?
Contact thc nc:~rcst J,')hs and Bcn,:fit.', Office.
ENTERPRISE ZONE INCENTIVES
Introduction:
Enterprise Zones fEZ). by tilt'ir nature, are largely Fx)pulated by WAGES Program-eligibk' re:,idcnt.,,. Thus. many EX crt'rills
arc supportive of tJ~e WAGES Pet)gram. Florida's wdfare reform t-ff:)r!, tW:kGf-LS stamL'i for \York and Gain Economic Sell'-
Sufficiency.)
Bottom l.ine Incentives:
Jobs Tax Credit:, all(w,' p.trficip;,ing bu,~ne.¥~t's lo claim ;, ~'x. rccntagc of new cmp}oycv; wagcs ;igail'lst cithcr their
c,rpor;ne inomw ~,r ~alcs and u.~' tax A new provision all,ws credits for cmpl.yccs who arc in dw kXA(;ES program.
Pro[K'Hy Tax Crcdil'; ;lllow new or cxpandiflg btl.sincsscs lo rccdvc :l ~ red~l on dwir cory~ratc income lax 1o ol'f~'l :id v;dorcm
taxes pak] .r~ pr-pony. ]l~crc arc odwr Iax crt. das on huiklin~ materials, business cquipmcnL c~c. IScc &'tails Ix. linc }
Details:
· 1'Jobs Tax Credits: ."\)mc bu',ine,-~.'-; may claim up to l'~ Ix'rcent t)f new elilpJ,,yL'cs' wage, again'q either Ihcir corl~ ,rate
income or salt.:, and usc lax. Thc pt'rccntagc is based on thc percentage of the cligiJ)[c cmpl-yer'~, ix'rmancnt, full-tinw
~vorkf, ro.. Ihat :irc EZ rc'&Jcnt,. ~w crcdi~ ri~'s to, 15 pcwent if at ]c;e,I 2ft percent .f tile tropic,yves, are residents ,',f :in
zntcrprbc zone..\ nu:~ provision r)f Ihi~ law allows a credit of 15 ~'rccnl for each new employee
Program panMpant. %,¢ Im~incss nlUq make a one-time seledion oi wheihvr to apply thc credit I{, thc t'orNm~tc income
+ ~o~y Tax Cr~its: ~lis is al.~) based ~n the ~rcenlage of thc eligible ¢nlploygr's ~'rmancnt. full-time workf, rcc
that arc enterprise zone rcs~d,'nr~. Thc credit car: equal up Io % tx'rcenl of Ibc ad V:llorcm ~axc, pakl -n ncx~ ~r ira-
pein'ed
~her cr~im Mclu~:
This is a 50 percent credil on Florida co,)rate income tax or insurance premium tax for domuions to I~x'al communiw
development pmjctts. Donations musI }'~ lo an eligible s~)nsor conducaing a community dcxch)pmcnl prtwd approved by
[hg sta~c'~ Off icc of ]buriqn. Trade and Economic Development Bu&lin~ .Xfah,Hals T(L¥
This is a rt'h~nd on saJc~ taxc.~ pakt on building materials used lo rvhabilit;de pn,~.ny in an cnlcrpmc zone. 'llw wfund
can I~' up to 9~ ~'rccnt of thc tax paid ~'r lhlsin~¢ ~)lttqmw~tl Ta.v Re~tml.
This provides a refund on sale~ taxc~ paid on Ihe purcha:~' of certain bu.qncss pro~.ny which ix u>cd cxclusivch' in an
enterp~e mnc. This reftmd can J~: up re 9' ~.'rccnt of thc ~ax paid.
Calitio~ks:
This gene. cai inkmx::,tion is a ..,ummao' only. Complete &:tails need lo N: reviewed N.'fl~re pnx:eeding.
Where to go for HELP?
Conrad your I(~'al enterprbe rune c(x~rdinator. Obtain current list from the Office (~ Toufi~,m. Trade and Economic
Devclopmcnl at ((Y).t} 487-25(~.
'V~ Rod& Jo~ md
5 I,
QUICK RESPONSE TRAINING PROGRAM
Introduction:
lllis progr:un ~fffcrs slx, ciatizcd training geared toward business need~.
Bottom Line Incentives:
New ur cxpanding/cxisling businesses can receive lraining for their empbyccs. The training is prm'idcd
through community colleges, schcx~l districts, area vocational-technical centers, state universities, and, il' appr~;v:.,cl.
licensed private [×~stsccondan.' institutions, ltle training can be provided at tile busincss's own f:mcility, al tilt'
schcx~l, c,r at a combination of sites.
Busincssc..; rcquesting Ir;fining submit an application tn Enterpri~. Florida. Empha~,is ix on: husinc.,,scs th;ti w;,nt
training for high quality jobs whid'l pa.,,' an :,veragc annual wagu of :it least I1'1 [x'rccnt of kx'al or sizzle privalc
sec.'lot wage. whi('hcvcr is lower: btmnes.~s that arc Ic×'atcd in a distress, cd urban tlr rural area
businesses v,'hMl pmvidt: in-kind or cash m:ltdl,:s, etc...\pplications requesting SY)O.f.~.~I or more require acticm hv
thc Quick Rc,cpon.~c .-Xdvi~n' (]¢~mmittce. thos,: rcqucstin~ SI million or more rcxiuire action hv Ibc Jobs
Educ:,tion Parincr,,hip ol- Erm.'rpri.,,c Florida.
Cautions:
This g, cner ~ ml'~rm:~ti(m i~ ;~ ~'dmmary ()nj}'. Complete dct;tJls nc'cd ~o [~. rex'~cwcd hcforc pr~'c'cding.
Where to go for HELP?
Contact Er~lcrprisc Fl¢~rid:(s Quick kest-×~nsc Training Program at (t,~)4) 922-86 iS.
Jobs and Benefits
5 C 1
QUALIFIED TARGETED INDUSTRIES TAX REFUNDS (QTI)
Introduction:
This program .fl,ers refund:4 on t:~xcs paid for c'orporatc incomt, lax. s:llcs LiN. :id x:lh~rcm laX. in,ur:moo
prcmiunl I:lx and cc~ain other laXcS, ba~'d on job crL':llion.
Bottom Line Incentives:
Thi.s program im wicJL,~, tax refund,; lo prc-:~pprovcd ;q)plicanb ~I' up h, 5~,(~1 ~'r ncx~ joh c'rc;~tcd (up to
$7.5(~) in ;m enterprise zone). Nuw r~r expanding businesses in scluctud largcted indu~trius or ('orym~tc hc:~dquar-
tcrs arc uligihJc.
Details:
In ()r(.Icr t() particip;m:. ;t contp:~ny mu~; apply to Enlcrpri,;c Florid:t prior lo makin,~ a dcci,i(m to h ¢'atc ~r
uxp:md in Florid:L Olhur rc(jtlirumunLs ~panial list} {hal !he om~p:my mu~{ fulfill: mtn CFU;IIL' ;Il IC;IM I(J nCW jl~h~
in FJorkla in ;i LiU~ct Jndtlsln' bu~inc~ :md. Jf ;m expansion projccl, increase umpJoymcn[ lw ;1{ Icasl 10 ~'rccnh pay
make a signil.ic:m[ ccon(m~ic conlriJ)tliion [(~ thc :lrc:l c('OnOllW. As part of IJlc pr{K'css. IlK' ('JJHlp:llly llltlM OJl[:li~l iht'
agrcc'nlcn[ l.rom thc ('itv or coun[v commixsi()n showing [ilL' irK'al govc'rllnlt, al's o)mlllilnlt, flt In provJdc a curtain
amount of nmtching funds lo thc sL;le's tax refund. Enterprise Florida rL'ccives the applic:lli()ns and rvvicws IJlClll
and nlakus ;ccoJllmcndalion~ [o Ibc ~l;llC's Off'icc oi. Tourism. Trade and Economic Development. wJlicJ] makes IJlC
l,inal dclemlin:{tion.
Cautio,qs:
This .qcnur;d inl'~,rm:~tion is :i sumn~;irv onk'. Complete dui;dis ncud t,) Ix. ruvicwL'd I~.'l'oru pr~,'ucding.
Where to go for HELP?
Cont:~cl Enterprise Florki;~ ;,,r 190-t) 4~-63U0
5 C 1,
L rr.~~~~l N~__.. ~,~~_. LFARE
F-C)R ~~C)~
SC.J~RY
~~S IT SEF_J6S
DID YOU KNOW YOU COULD WORK FULL TIME
AND ST~LL RECEIVE SOME BENEFITS?
THE
ANSWER IS
YES?
WHAT ARE THE BENEFITS FOR FAMILII S c:
WHO LEAVE WELFARE FOR WORK?
· Medicaid
· Child care assistance
· More take home pay
· Food Stamps
· Assistance with child support
· Education and training
COVE RAG E
Families who get off of welfare because of work may still get family health
coverage for parents and children for up to one year! It's called Transitional
Medicaid.
After one year, depending on family income, the children are still likely to get
health coverege through Medicaid-especially if they are under the age of six.
EXAMPLES:
In 1996, a mother with two children under age 6 can ham gross income of $1,529 a month and
get Medicaid coverage for both children.
If the two children are age 6 through age 13, she can have gross income of $1,172 a m(:~th
and still get Medicaid coverage for her children.
MEDICAID FOR CHILDREN IN LOW INCOME
WORKING FAMILIES
~' Children through age 13 may get Medicaid.
V~ Children do riot have to be on welfare to get Medicaid.
I/ Children may get Medicaid even if both parents live in the home.
V~ One or both parents can work full time and the children may still get Medicaid.
V~ Chi~dra~ may get Medicaid even if their family has a ca', a house axl a savings ac. cax~
~ A family with health insurance may still get Medicaid.
Children up to age 21 may qualify f~ Medicaid u~der the Medically F~c'-jy pr0graTL
FOOD
STAAA PS
Parents who get off welfare because of work may still
receive some assistance through the Food Stamp program.
IEXw~dV~PLE: In 1996, a family of three with income at $1,250
a month may qualify for $160 a month in Food Stamps.
EARNED INCOME TAX CREDIT
Low income families (with children) who work part time or full time can get more
_t_ak_e_ ho_m_e__pay through the Earned Income Tax Credit (EITC). The amount of extra
money depends on income and family size. A family does not have to owe any
taxes to get the EITC.
There are two ways a family can get the extra EITC money.
I/ They can get all the extra EITC money when they file their tax return.
OR
~ They can get part of the extra EITC money in advance with each
paycheck and the rest when they file their tax return.
To get the extra money, in advance with each paycheck, the employee must file Form
W-5 with their employer. Employees can get Form W-5 from their em. ployer or
caseworker. (The advance does not cost the employer any money because it is
taken out of the employee's federal withholding taxes.)
EX,e~v~PL£: In ]996, a family (with two children) with gross income between .$741 and $967 a
month can get $3,556 in extra EITC mone:~: The family can get the $3,556 when. they file their federal tax
return oR they can get $107 per month and the remaining $2,272 when they file their federal tax return.
To get the £1TC a family .m_u_s_t file a federal tax return. FREE help is available to
file tax returns. Call the IRS at 1-800-829-1040 and ask where you can get help. (If
it is busy., don't give up - keep calling because it is worth it to get free help with your tax returN)
WHICH
WELFARE
In 1996, a parent (with two children) on
welfare without a job and no other income
would get $3,360 for the entire year.
S MORE?
E ITC -+-
PAYCHECK
If the same parent went to work earning $11,6OO
a year ($967 a month), the parent would get a
paycheck plus $3,556 in extra EITC money.
There's more good news! The EITC money is not counted as income for Medicaid,
WAGES Cash Assistance, Food Stamps, SSI or housing assistance.
MAKING WORK PAY
Under new rules for the WAGES Cash Assistance program, many families will be able
to keep some of their cash assistance as they work and earn more money.
CH I LD CARE
5 C
Parents who get off welfare because of
work may get some help with child care expenses ~
ft~r up to two ~ard The parent must ask for help with child care expenses. It's called
Transitional Child Care.
After two years the parent may still be able to get some help. All parents have
to pay part of the fee depending on income and family size.
Parents can choose where to take their children for child care.
CH I LD SUPPORT
Parents who leave welfare for work can continue
receivi,~ help getting child support. Current child
support collected will be paid to the custodial parent.
For more informatior~ call y~ur local Department of Revenue Child ~rt Office.
E DUC. A,TION AN D
TR,A~I N I NG
Parents who leave welfare may get education and training
for up to two years to improve job skills.
To learn more about leaving welfare for work, call your local WAGES office.
State of Florida
CF/PI 165-99. 1/97 $1~h6~.~S PRO{i~
(Work and Gain Economic Self-Sufficlencyl
Design and proO. x:tio~ Southern Ir~titute on Chi;dren and Families/Shiber~ Permission granted by the NC Department of t-laTan Resources,
Update of the
Integrative
Corrections
Strategic
Development
Plan
· Project
Background
· Project
Objc-ctive
· Value Added
Service
8 B 1
Population Growth Within
the County
-~Magnltude of growth
-*Size of county
Pe~k and Permmnent Population
Peak
Permanent
8 B !
"~, K~~ng ~
I ]l Growth Will Itnpact Criminal
~sticeSystem.~
At-Rick Populmtion
Permanent
At.Rizk
8 B 1
il Adult Criminal Activity Is
Ill Increasing
To~l and Adult Bookings
Adult Off~nd~m In
0 $,0~0 10,000
--g . g
--I ' ! I
to Inc~rc®ration
U~ecl...
Common System of Data
Coliectio~t Does Not Exist
8 B 1
r
Importance of
Data Collection
/
[] Extensive number of J
offenders
· Offender need~ va~
· Unable to ~/aluate .
effectivene~ of
alt, ernat, ive programs
Base Forecast
Inmate Proj~le
..*inmat~
!
Inmate Classlflcationa
! '1
881
ng Criminal Justice Ii
II~ Facilities II
Currenr. Jail Syet~rn:
?54 rated bede at a
cost of $51.42 per
, --___..___2~~
8 19 1
O,tm mu~t b~ acce.slbl* to all
compcnentl
System mu~ ~ flexible and
CommE~ to on,rig
manag.~nt of .y.~
Importance of
Offender Based
Tracking System
· O~velop a profile of
10,000+ offendcr~
of program need~
al~rna=ive~ ~
8 B 1
l~a~l on 200~3 p~ak
population, approximately
1,000Jail beds are
r~tulred in a
8 B 1
Security Classification
Age and Gender Classification
uve~ile
emale
Male
20
120
· 1~2 I~e~ for Mzle Inrn~
· M'-~}um an~ Minimum ~ccuri~
· Thr~c ~ ~, Dirac~ 5u~lon Houetn~
I 19~ 5~uar~
iii
8
B
Thr~ ~ ~)aJ iDo D.R.I.L.L.
Housing U n ~,'~,~ Y
'1
I ·
· I
I ·
· I J
· I I Are~
I ·
· I .I
I ..... ~4~ f~ F~re
..... 5~g~. -.
'~ Ex.qand Naples~, /
,~ Ja~iCegite' _~l
m All Maximum 5ccurii;y ~ede at, l'~ie Facilit~
Including Oie, ciplina r~y
· Conetruct, 240 DAd Expafleion
Accommodate Minimum and Medium Security
!i Direct 5upervteion Houeina
- 64. ~ t~eCy Unit
- 48 {)~sd E~tJ~n ~ock
m
8 B 1
B Conet, ruct. C.~nt~al Int. akg C~nl~r
m ¢onet, ruct. Medical/Merit, al He, a~h C~r~r~r
I Con.~t, ruc-r, N~w Central COntrol for Ent, ir~
· ConeCrucC ~l~Lu~t.c ?rC~ram 5p~cc for
En~ir~ Inmat~ ?opu[at. io~
I 49.200 59uare F~et,
· No ~itional 5¢Cur~y 5t~aff ~!uirc~
8 B 1
~ · Capital Cost.~
· Schedule
i Operating
Costs
Capital
Sheriff's Central Ad~j~tion
e ~ 4~ ~ $9,300,0~0
Capital Costa
Summary
New Immokll~ J~ Cem~
Project Tob ~ Jdl Cln~r
~,39,300,~00 ~:25,000,000
1
Operating
Costs forever
~ 1~ ~[ ~uHn~pla~ni~
O~rating a Incl~=e all
Costs ~ and
~o~rame
m~ ~r d~
· Opera$1n~j co~'c~m are
· Eeecrrr. i~l co ~en~6y
· Includ~e mil egcur~y
Per Diem Savings
881
Capital Cash Flow Model
1997 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND NAPLES AREA CHAMBER
OF COMMERCE, INC. REGARDING FULFILLMENT
OF ADVERTISING AND PROMOTION INQUIRIES
THIS AGREEMENT, is made and entered into this ,~r-t day of~e~_, 1997,
by and between Naples Area Chamber of Commerce, Inc., a Florida corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion and advertising of Collier County
nationally and internationally and for the promotion and advertising of activities or events
intended to bring tourists to Collier County; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for fulfillment of inquires resulting from the
advertising and promotion of Collier County; and
WHEREAS, thc COUNTY desires to fund the proposed advertising and promotion
pursuant to this Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND
PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS
MUTUALLY AGREED AS FOLLOWS:
1. ~: In accordance with the Budget attached as Exhibit "A," the
GRANTEE shall provide fulfillment of inquires resulting from the advertising and promotion of
Collier County.
2. P~fl~IF,,J~[X: The amount to paid under this Agreement shall be Seventy-Five
Thousand Dollars ($75,000.00). The GRANTEE shall be paid in accordance with fiscal
procedures of the County for expenditures incurred for the promotion and advertising expenses
as described in Section I upon submittal of an invoice and upon verification that the services
described in the invoice are completed or that goods have been received.
8 E-3
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee. The County Administrator or
his designee shall determine that the invoice payments are authorized and the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement.
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of
goods or performance of the services invoiced. GRANTEE shall ccrtify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until
the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
GRANTEE shall be paid for its actual cost not to exceed the total amount for various line
items and up ',o the maximum amount budgeted pursuant lo thc Attached "Exhibit A." Thc
amounts applicable to the various line items of Exhibit "A," subject to the maximum total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of
GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by
the County Administrator or his designee.
3. ELI ' Only eligible expenditures described in Section i
will be paid by COUNTY. Any expenditures paid by COUNTY which arc later deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to reTs, ay said funds. COUNTY may request repayment of funds for a period of up to one
year a0..er termination of this Agreement or any extension or renewal thereof.
4, ~: GRANTEE is required to submit a Certificate of Insurance
naming Collier County, ,and its Board of County Commissioners and the Tourist Development
Council as additionally insured. The certificate must be valid for the duration of this Agreement,
and be issued by a company licensed in the State of Florida, and provide General Liability
Insurance for no less than the following amounts:
8 E-5
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
The Certificate of Insurance must be delivered to the County Administrator or his designee
within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not
commence promotional and advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY.
5. M.D~: GRANTEE shall provide to County monthly repons on
the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant
to this Agreement. The report shall identify the amount spent during the preceding 30 days and
the duties performed, and the services provided and goods delivered during said period.
GRANTEE shall take reasonable measures to assure the continued satisfactory performance of
all vendors and subcontractors.
6. CHOIr: GRANTEE may select
vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of subcontractors or
vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon-
tractors or vendors, including, but not limited to, similar or related employees, agents, officers,
directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. Ia.N~: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and ali suits and actions including attorney's
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed thereunder. This provision
shall also pertain to any claims brought against the COUNTY by any employee of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. The GRANTEE's obligation under this provision shall not be
limited in any way by the agreed upon Agreement price as shown in this Agreement or the
GRANTEE's limit of, or lack of, sufficient insurance protection.
8. 12LO. XI.C,~: All notices from the COUNTY to the GRANTEE shall be in writing
and deemed duly sera'ed if mailed by registered or certified mail to the GRANTEE at the
following address:
Naples Area Chamber of Commerce, Inc.
3620 Tamiami Trail North
Naples, FL 34103
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if
mailed by registered or certified mail to the COUNTY to:
County Administrator
Second Floor, Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. ~: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
I0. 22~[?~[~..T. LO~: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date of termination. If the COUNTY terminates this
Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual
obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of
the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails
to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY
pursuant to this Agreement, unless the Board of County Commissioners determines that the
completed promotion and advertising of the event or activity were sufficient to justify the use of
tourist development tax funds.
8 E
II. ~: GRANTEE is required to maintain complete and
accurate accounting records and keep tourism funds in a separate checking account. Ali revenue
related to the Agreement should be recorded, and all expenditures must be incurred within the
term of this Agreement.
12. ' .RD_~: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agree-
ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall,
until the expiration of three (3) years after final payment under this Agreement, have access to,
and the right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to ~his Agreement.
13. ~: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
14. T..F,,R~: This Agreement shall become effective on August 5, 1997 and shall
remain effective for one year. The GRANTEE shall request an extension of this term in writing
at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree
by amendment to this Agreement to extend the term for an additional one year. Any funds not
used by GRANTEE during the term of this Agreement and any extension thereto shall be
available for future applicants.
15. ~: GRANTEE shall monitor and
evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was
evaluated and shall provide a written report to the County Administrator or his designee within
sixty (60) days of the expiration of'~his Agreement
16. RF.,D,I.,[iR.F,~.,HD_TAXi.O~: All promotional literature and media advertising
must prominently list Collier County as one of the sponsors.
17. A~LF~: This Agreement may only be amended by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
· " '".. 8 E-3
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~
TIMOTH~ L. HANCOCK, Chairman
GRANTEE
Print~dfl')l:~d Name
NAPLES AREA CHAMBER OF COMMERCE, INC.
(2)~~
Pnntcd/Ty~ed Narr~
By:~
Printed/Typed Name
Pfinted/T~:d Title
(corporate seal)
Approved as to form and
legal sufficiency
I{eidi F. Ashlon
Assistant County Attorney
f:/1997 TDC Agreemems/Naples Area Chamb¢~ of Commerce ($75.000)
FULFILLMENT
$75,000.00
SCOPE OF WORK: GRANTEE agrees to act and serve as a central source of information
to respond to inquiries from individuals seeking to learn about Naples as a tourist and
recreational destination. GRANTEE shall accept and respond to "in person" or telephone
inquiries and shall maintain records, reports and systcms, and develop procedures to
promote Naples tourism, provide information and answer questions and when requested,
shall mail GRANTEE'S 16 page destination brochure to those who request it. All such
services, relating to responses sad materials, and the developing and maintaining of
procedures and systems, and related activities shall be deemed to constitute "fulfillment"
under this agreement. All expense~ incurred in connection with such "fulfillment" as
defined and described herein will be considered eligible expenses subject to reimbursement
and payment by the COUNTY.
This Settlement Agreement and Mutual Release (-Agreement and
Release') is entered into and made on this ~ day of
0£. J'~^ , 1997 by and between Sharon R. Roberts
('Roberts') and Collier County (the .County'), a political
subdivision of the State of Florida, with respect to Case No. 96-
362-CIV-FTM-17, filed in the United States District Court for the
Middle District of Florida, as well as all claims or
controversies between Roberts and the County that could have been
asserted in that case or that in any way relate to or arise
directly or indirectly from Roberts' employment or cessation of
employment with the County.
WITN ESSETH:
WHERSAS, Roberts has filed an action against the County
in the United States District Court for the Middle District of
Florida, and that action is styled Sharon R. Roberts v. Collier
County, Case No. 96-352-CIV-FTM-17 (hereafter referred to as the
"Lawsuit");
WHEREAS, Roberts has alleged various claims against the
County in the Lawsuit and the County has filed an answer and
affirmative defenses;
WHERSAS, Roberts and the County, without admitting any
liability or fault by either of them, nevertheless recognize the
cost and uncertainties of litigation and now desire to fully and
finally resolve any and all claims, known or unknown, asserted or
that could have been asserted by Roberts in the Lawsuit,
9
including but not limited to all claims for damages,
reinstatement, front pay, back pay, attorney's fees and costs,
and also desire to fully and finally resolve any and all claims,
whether known or unknown, that relate in any way to or arise
directly or indirectly from Roberts' employment or cessation of
employment with the County;
WH£REAS, Roberts and the County desire to reduce their
compromise of the Lawsuit and all claims that could have been
asserted in the Lawsuit or that relate in any way to or arise
directly or indirectly from Roberts' employment or cessation of
employment with the County to a writing so that it may be binding
upon Roberts and the County and their respective predecessors,
successors, heirs, assigns, employees, former employees,
officials, officers, agents, representatives, attorneys,
insurers, sureties and affiliates (with respect to the County,
such persons and entities shall sometimes be referred to
collectively herein as the "County Affiliates");
NOW, THEREFORE, in consideration of the mutual covenants,
promises and considerations set forth in this Agreement and
Release, the sufficiency of which is hereby acknowledged, and
with the intent to be legally bound, Roberts and the County
mutually agree to the following:
1. Roberts and the County agree to adopt and incorporate
the foregoing recitals, sometimes referred to as "Whereas
clauses", by reference into this Agreement and Release.
2. The County agrees to pay Roberts the sum of Forty-Four
Thousand Five Hundred Dollars ($44,500.00) in full satisfaction
of all claims Roberts has made in the Lawsuit or that Roberts
could have made in the Lawsuit or that Roberts has or may have
9
that relate in any way to or arise directly or indirectly from
Roberts' employment or cessation of employment with the County.
3. The settlement sum of $44,500.00 is to be allocated as
follows:
(a) $2,637.13 for alleged medical expenses;
(b) $4,598.00 for alleged back pay; and
(c) $37,264.87 for alleged physical injury/battery
and compensatory damages.
4. The payment to Roberts of Forty-Four Thousand Five
Hundred Dollars ($44,500.00),although properly allocated as
described above, includes all amounts allegedly due to Roberts
from the County for any reason whatsoever including, but not
limited to, all damages, costs, taxes, expenses, attorney's fees
and equitable relief that Roberts has claimed or could have
claimed in the Lawsuit or that relate in any way to or arise
directly or indirectly from Roberts' employment or cessation of
employment with the County.
5. Roberts agrees to assist her attorneys in preparing and
filing a Stipulated Notice of Dismissal with Prejudice in the
Laws~lit and also agrees that such a Notice shall be filed
immediately upon receipt of the $44,500.00 payment in her
attorneys' trust account.
6. Roberts represents and warrants to the County that she
has not filed any other charge, lawsuit, claim or any other
action against the County, any County Affiliate or any entity or
natural person that is or has been associated with, controlled by
or under common control with/of the County.
7. Except for any claim to enforce the terms and
conditions of this Agreement and Release, Roberts, on behalf of
herself and any and all heirs, executors, administrators, legal
representatives and assigns, shall and hereby does fully and
finally unconditionally, release, acquit, remise, satisfy and
forever discharge the County, its officials, officers, employees,
former employees, attorneys, agents, representatives,
predecessors, successors, insurers, sureties and assigns from any
and all manner of action or actions, cause or causes of action,
suits, debts, dues, sums of money, accounts, reckonings,
covenants, charges, damages, obligations, liabilities, contracts,
promises, judgments, executions, claims, complaints, legal or
equitable and whether known or unknown which Roberts has asserted
in the Lawsuit, had, or now has or may have against the County
and any County Affiliates, whether known or unknown, arising out
of or relating in any way to the claims or allegations in the
Lawsuit, or that could have been made in the Lawsuit or that
relate in any way to or arise directly or indirectly from
Roberts' employment with the County or the cessation of her
e,u~ployment with the County, up to the time of execution of this
Agreement and Release, including but not limited to, claims in
any way pertaining to a claim of discrimination based on sex
(sexual harassment) pursuant to Title VII of the civil Rights Act
of 1964, as amended, the Civil Rights Act of 1991, the Florida
civil Rights Act, the U. S. Constitution, the Florida
Constitution, or under any other federal, state or local statute
or Act, ordinance, regulation custom, rule, or policy, or any
cause of action in contract or tort, including any intentional
tort, or any instruments, agreements or documents entered into
by, between, or among the County or County Affiliates or Roberts
(all of the foregoing hereinafter referred to collectively as the
,Released Claims").
8. This Agreement and Release is also expressly intended
and is agreed to cover and dispose of any claims Roberts ~ad, has
or may have, whether known or unknown, whether asserted in the
Lawsuit or that could have been asserted against any employee or
former employee of the Collier County Probation Department,
regardless of the fact that the Collier County Probation
Department is now governed by the Court Administrator for the
Twentieth Judicial Circuit in and for Collier County, Florida and
is no longer an agency subject to the control of the Collier
County Board of Commissioners. Likewise, Roberts understands and
agrees that this Agreement and Release also covers and disposes
of any claims Roberts had, has or may have, whether known or
unknown, against the Court Administr'ator for the Twentieth
Judicial Circuit, the Twentieth Judicial Circuit and any other
agency that controls or governs or has controlled or governed the
Collier County Probation Department to the extent such claims
relate in any way to or arise directly or indirectly from
Roberts' employment with the County or the cessation of her
employment with the County or relate in any way to claims Roberts
could have asserted or did assert in the Lawsuit.
9. Roberts agrees to indemnify, defend, and to hold
harmless the County from and against (i) any and all liability,
claims (whether pending or threatened and whether judicial,
administrative or otherwise), costs, causes of action, demands
and expenses arising out of or based on any breach of this
Agreement and Release by Roberts or on account of any
representations or warranties made by Roberts herein which are
later found to be false; and (ii) any tax liability, including
but not limited to income tax, social security tax, penalties and
interest, in the event that it is ever determined that the
9
payment made by the County constitutes taxable income to Roberts.
In this latter regard, Roberts acknowledges and agrees upon
advice from her counsel that any tax liabilities including but
not limited to income tax, social security tax, penalties and
interest associated with the payment of any monies to Roberts
under this settlement are solely her responsibility.
10. Except for any claim to enforce the terms and
conditions of this Agreement and Release, the County shall and
hereby does fully and finally remise, release, acquit, satisfy
and forever discharge Roberts, her attorneys, agents, successors,
insurers, sureties, predecessors, heirs and assigns from any and
all manner of action or actions, cause or causes of action,
suits, debts, dues, sums of money, accounts, reckonings,
covenants, contracts, promises, damages, judgments, executions,
claims or demands whatsoever, whether at law or in equity and
whether known or unknown, which the County had, now has, or may
have in the future against Roberts arising directly or indirectly
out of or relating in any way to Roberts' employment with the
County or the cessation of her employment with the County or any
claim or allegation that Roberts has asserted or could have
asserted in the Lawsuit.
11. Roberts understands and agrees that she is hereby
waiving any and all claims she may have to reinstatement or
future employment with the County and/or any other entity that is
or has been controlled by or under common control with/of the
County and further agrees that neither the County nor any of the
foregoing entities will, at any time, be under any obligation to
employ or contract with her and further agrees that she shall not
seek employment with the County or any other entity that is or
has been controlled by or is or has been associated or under
common control with/of the County or the Twentieth Judicial
Circuit or the Court Administrator of the Twentieth Judicial
Circuit in the future.
12. Each party agrees to waive the right to seek payment of
attorney's fees or costs incurred in the Litigation, and both
parties agree to pay for their respective attorney's fees and
costs incurred in the Litigation.
13. Roberts represents and warrants to the County that she
is authorized to enter into and that she has the authority to
perform the terms of this Agreement and Release and that she has
not sold, assigned, transferred, conveyed or otherwise disposed
of all or any portion of Released Claims.
14. This Agreement and Release is the result of a
compromise of disputed claims and it is understood that the
execution and performance of this Agreement and Release by the
County does not constitute, nor shall it be construed as, an
admission that it has violated any law, statute, rule, regulation
or ordinance of either the United States or the State of Florida
or breached any duty owed to Roberts under federal, state or
local law, policy or practice, with respect to Roberts'
employment, or the cessation of her employment, or in any other
matter, or that any of Roberts' claims have any merit whatsoever.
The County explicitly denies any such wrongdoing.
15. This Agreement and Release shall be governed by the
laws of the State of Florida.
16. This Agreement and Release is freely and voluntarily
executed by Roberts and the County after they have been apprised
of all relevant information concerning this Agreement and Release
and after they have received advice of their respective counsel.
In executing this Agreement and Release, Roberts and the County
do not rely on any inducements, promises, representations other
than the promises and representations set forth in this Agreement
and Release. In this regard, Roberts and the County acknowledge
that this Agreement and Release is the product of mutual
negotiation and no doubtful or ambiguous provision in this
Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous language.
17. 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.
18. Should any provision of this Agreement and Release be
declared or be determined by any Court to be illegal or invalid,
the validity of the remaining parts, terms, provisions, shall not
be affected thereby and such an illegal or invalid part, term or
provision shall be deemed not to be part of this Agreement and
Release.
19. In the event of an alleged breach of this Agreement and
Release, Roberts and the County hereby agree that all underlying
causes of action or claims of Roberts and the County have been
extinguished 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. In this
regard, Roberts and the County further agree that the sole venue
for any such action for specific performance shall be the
Twentieth Judicial Circuit in and for Collier County, Florida in
Naples, Florida.
20. The parties hereto agree that this Agreement and
Release constitutes the entire agreement between Roberts and the
County and that there exist no other agreements, oral or written,
9 A
between them relating to any matters covered by this
Agreement and Release or any other matter whatsoever.
This Agreement and Release supersedes and replaces all prior
agreements and understandings.
21. This Agreement and Release may be executed in any
number of counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute on and the
same instrument.
22. Except as expressly provided for herein, the parties
represent and warrant that in executing this Agreement and
Release, they do not rely upon and have not relied upon any oral
or written representation, promise, warranty or understanding
made by any of the parties or their representatives with regard
to the subject matter, basis or effect of this Agreement and
Release.
23. The parties ac¥_nowledge and assume the risk that facts,
additional and different or contrary to the facts which they
believe to exist, may now exist or may be discovered after this
Agreement and Release has been entered, and the parties agree
that any such additional, different or contrary facts shall in no
way limit, waive, affect or alter this Agreement and Release.
24. The County agrees that, consistent with the Florida
Public Records Law, it shall store all records concerning Roberts
(other than her official personnel file as maintained in the
County's Human Resources Department) with the litigation files in
the lawsuit. The County further agrees that any inquiries
directed to the County regarding Roberts' past employment shall
be directed to the Human Resources Department or any subsequently
designated Department for handling inquiries of past employment
and that such inquiries shall be answered with affirmation that
9
9 A
Roberts worked for the County, and the periods of employment and
positions held. The County shall make no other disclosure
regarding Roberts' employment history or circumstances of
separation other than that Roberts resigned from continued
employment with the County.
rNW/TNESSWHEREOF, Roberts and the County have entered
into this Agreement and Release in the day and year first above
written.
DWiGHT E. BROQt<, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
TIMOTHY/4.. I{A.NCCg3I(. Chairman
By: __
l~n~L'ryped Name
Approved as to form and
legal sufficiency: //
Mich~I W. P~t
A~sis~n! C~m~ Atlorncy
10
SHARON ROBERTS, Plaintiff in the instant litigation, hereby swears and
affirms of her personal knowledge that she has read and understands the
settlement agreement terms and conditions and accepts them of her own free will
and volition. By execution hereof, Sharon Roberts swears and affirms that she is
one and the same person as the Plaintiff in the instant litigation and attests to the
validity and authority of her signature thereto.
9 A
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this ~ day of
OCTOBER, 1997, by SHARON ROBERTS, who is personally known to me or
who has produced t~, ..~. ,d,'..~ as identification and who did take an
oath.
(Notary Seal)
/~/Signature of Notary ~ul~'lic
(Print, type or stamp commissioned name of
Notary Public)
IOA
RESOLUTION NO. 97-344
A RESOLUTION APPOINTING MEMBERS TO
THE PUBLIC VEHICLE ADVISORY COMMITTEE
WHEREAS, the Public Vehicle Advisory Committee was established by Collier County
Ordinance No. 864, as amended; and
WHEREAS, Collier County Ordinance No. 86-4, as amended, provides that the Public
Vehicle Advisory Committee shall cormist of five (5) members with (3) of the members being
affiliated as holders of certificates to operate a motor vehicle for hire company within Collier
County; and
WHEREAS, there are currently two (2) vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. John Dougherty, representing the alternate category, is hereby appointed to the Public
Vehicle Advisory Committee to fulfill the remainder of the vacant term, said term to expire
September 2, 2000.
2. Thomas W. Lugrin, previo~ly an alternate, is hereby appointed, in the affiliated
category, to the Public Vehicle Advisory Committee for a four year term, said term expiring
September 2, 2001.
3. Clifford Wesley Flegal, Jr., representing the non-affiliated category, is hereby
appointed to the Public Vehicle Advisory Committee for a four year term, said term expiring
September 2, 2001.
This Resolution adopted al~er motion, aecond and majority vote.
DATED: Septemb~ 2, 1997
ATCrEST:" ~
DWIGHT E.;BRSOCK., CLERK
~(Z'~ ' ~'/
Approved as to
form
and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY/I~HANCOCK, CHAIRMAN
County Attorney
DCW/kn
COLLYER COUNTY FLORIDA
RIIQUEST FOR LEGAL ADVI:RTLqLNG OF PUBLIC HEARINGS
To: Clerk to thc Board: Please place the foli4~4ng as a:
12g i
~ Normal legal Adv~t
(Display Adv., location, etc.)
O Other:.
O~g~fingDep~Div: Franchise Achntn Peson: Jean Merritt Da~-/14/97
PefifionNo.(Ifnonc, gwebrkqdcscr~io~}: Time Warner Franchise Agreement
Pefifion~: ~m&A~): Office of Franchise Administration / BCC 3301 E. Tamiami Trail, Naples, FL. 34~12
H~g ~f~ ~C B7~ ~
R~ H~g ~: ~ ~ ~~ ~g I0 ~ ~f~ ~g.
Newspaper(s) to be used: (Complete only if important):
~Naples Daily News 1~ ~ l'-] Legally Required
Proposed Text: flnclude legal description & common location & Size:~ ttached
Com~nionpetition(s), ifany&proposedhea~gdate: Sept 2, 1997
Does Petition Fcc include advertising cost?~'Yes [~ No lfYeg wkat account should be charged for advertising costs:
111-100210 Obi 649'100
Ap~'oved by:
"'Division }Icad
Date County Manager Date
List Attachments: 1
For hearings before BCC or BZ~: Initiating pers4m to complete one coy and obtain Dh4ston Head approval before
submitting to County Manager. Note: If legal d~enment k bryolved, be sure time any necessary lelal review, or request
for same, is submitted to County Attorney before submRttn~ to County Manager. The Manager's omee will distribute
cople~:
D County Manager agenda file: to
Clerk's Office
Requesting Dtvision
[-I Original
B. Other hearings: Initiating Division head m approve and submit original to Clerk's Office, retaining a copy for file.
Date Received: ~__~ Date of Public hearing: Date Advertised: 7
/
£D
941~
8~1A
~14
G~11
8E~10
G~15
86C~10
~9C~1A
~c~15
August 18, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider cable television
franchise agreement
Dear Judi:
Please advertise the above referenced notice one time on Friday,
August 22, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
Acct. No. 111-100210-649100 (Office of Franchise Administration)
120 1
Notice of Consideration of a Cable Television Franchise Renewal
Florida Cablevision Management Corporation d/b/a, Time Warner Cable, has submitted a
renewal proposal to the Collier County Board of Commissioners to provide cable
television franchise service to the following areas:
All of unincorporsted Collier County
A public hearing will be held on Sepm~ber 2, 1997, at a regular meeting ofthe Board of
County Commissioners, 3'a floor of the Administration Building at the Government
Complex, to consider Florida Cablevision Management Corporation, d/b/a, Time Warner
Cable's, application for a renewal ora cable television franchise. Ail cable operators and
any person or entities having an objection to the renewal of this cable television franchise
are invited to appear at the regular public heating described above.
All persons wishing to speak on this agenda item must register prior to speaking.
Any person who decides to appeal a de~ision of this Board will need a record of the
proceedings pertaining thereto, ami therefore may need to ensure that a verbatim record
o£the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
Ail registered public speakers will be limited to five (5) minutes unless permission for
additional time is granted by the Chairman.
BOARO OF COUITY C~f(ISSIOJ~RS
COIJ. IL~ courfY, FtOtlDA
TIIiYl~Y C. HABCOC~, CHAIEHA~
D~ICHT E. BRO(~, CLKKK
By: /s/Sue B~rblreCCi
I)eputy Clerk
(SgA,L)
State of Florida - Collier County
CABLE TELEVISION FRANCHISE AGREEMENT
This Cable T¢lodsion Franchise Agreexnent entex-ed into on this second day of
Septcmber, 1997 by and between Collier County, a political subdivision ofthe State of
Florida. and Florida Cablevision Managemenl Corporation hereinafter referred to as
"Grante~'.
desires to assure the widespread availability of Cable Services within the County to promote
commerce and otherwise further the pubffc interest;
WHEREAS, the County is the owner ofcertain street dght~of-way;
WHEREA.q, the County has, following reasonable notice, and after consideration.
analysis and dcliberation conducted full public proceedings, dutin~ which proceedings the
technical ability, financial comtitiot~ legal qualification and gmerai c. haxac~ of Cnante~ were
determined acceptable to receive a teaozal ofits franc, h~,
WHEREAS, the County has ilso/~sidered nxl an~yzed the plans of Gr-,ntee for tl~
construction and operation of its Cable Sy/~n and found the same to be ndequate and feasiblc in
view o f the needs and requirements of the area to be served by the respective Cable System;
WHEREAS, the County has &'tennined that it i~ in th~ be~ intexezt of and consi~aent
with the public convenicn~ md nccessity ofit~ rzsideuts to grant a frm'w.h~ to Grantee to
operate a Cable Sys~m within the ~,cified ~ area within Collier Coumy md on the
terms and conditions tm'dna/~ set forth; and,
WHEREAS, Gt~tee desires to construct and operate a Cable System along portions of
the Count,s right-of-way.
Section 1. Flndin~s
Pursuant to the procedure~ in tl~ Cable Act, Section 166.046, F.S., and Chapter 30 § 2~(0(1) of
the Collier County Code, the Gcantor ha~ held a public he~ing where the applicable criteria set
forth in law related to granting a cable television franchi~: reao~ wer~ considered. Thc
Grantor has d~exmined to grant a cable t¢lc'vision franchise renewal to Grantee on the terms and
conditions set forth in this Agreemem.
2.2
2.3
2.4
12C
NOW, TtlEREFORE, the parties agree as follows:
Section 2. Definitions
For t~e purpo~ of this Franchise, the following terms, phrases, words, and abbreviations shall
have the meaning given herein. When not inconsistent with the context, words used in the
pre,mt tense include the futur~ tense, words in the plural include the singular, and words in a
particular gender shall include each of the other gender. The words "shall" and "must" are
always mandatory and not merely directory.
2.1
"Access" shall mean the availability of channel capacity on the Cable System for non-
commercial use by local public schools and the County to create and distn'bute
programming not under the Grantees edilorial control, including:
2.1.1
"Educational Access" shall mean acce~ where local public schools are the
designated programmers or users having editorial control over their non-
commercial programming which programming shall concern these schools'
educational functions;
2.1.2
"Governmental Access" shall mean access where Collier County governmental
agencies ar~ the designated programmers or users having editorial control over
their non-comme~al programming which progranuning shall concern local
governmental functions; and
2.1.3 "E G Access" shall mean educational access and governmental access,
collectively. .- . ,
"Affiliate," when used in relation to any person, shall mean another person who
owns or controls, is owned or controlled by, or is under common ownership or
control with, such person.
"Basic Cable Service "or "Basle Service" shall mean any service tier which
includes the re'transmission of local television broadcas~ signals and access
channels. This definition shall be decnned to change consistent with any changes
in the definition of this term by the Federal Communications Commission.
"Cable Operator" shall mean any person or group of persons:
a) who provides Cable Service over a Cable System and directly or through one
or more affiliates owns a significant interest in such Cable System, or
b)
who otl,,erwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System under a Franchise with
Collier County.
1
2.5
2.6
2.7
2.8
2.9
2.10
2.11
12C
"Cable Service" shall mean:
a) the one-way transmission to Sutncn'bers of(a) video programming, or (b)
oO~er programming service, and,
b) subacn'ber inter'action, if any. which is requited for the selection or use of such
video programming or other programming serv/cet
"Cable System" shall mean a facility, consisting ora s~ of closed transmission
paths and associated signal generation, reception, and control equipment that iu
designed to provide Cable Service and which includes video programming and
other lawful communications services and which is provided to multiple subscribers
within a community, I~ such term does not include:
a) a facility that serves only to retransmit the telotision signals ofone (1) or more
television broadcast stations;
b) a facility that serves subscribers without using any public fights-of-way;
c) a facility of common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. §201-226, except that such facility shall be considered
a Cable System (other than for ~ of 47 USC §54 l(c) to the extent such
facility is used in the tr'ammission of video programming directly to
d) any facilities of an electzic utility used solely for operating its electric utility
"Channel" means a portion of the electromagnetic f~quency spectnm~ which is capable
of delivering both the audio and video portions of a television signal. At the time of
enactment of this Franchise, such capability gener~lly requires a 6 MHZ capacity, but this
is subject to changes in technology.
"County" shall mcan thc Collier County, Florida, or the a~ within the present county
limits or as such limits may be changed.
"County Commission" shall mean the Board of County Commissioners of Collier
County, Florida.
"Customer Service Standards" shall mean those standards adopted by the FCC and the
County (to the extent not inconsistent with those of the FCC), which govern the manner
in which Grantee interacts with the public and its customers.
"FCC" shall mean the Federal Communications Commission or any successor agency.
3
1
Oo
2.12
2.13
2.14
2.15
2.16
2.17
12C
"Franchise" slull mean an initial autlxaiz~ or renewal thereof, (including a renewal
of an authorization which has been granted subjec~ to 47 U.S.C.§ 546 ), issued by the
Gr~tor, whether such aufl~orization is designated as a Franchise, permit, license,
resolution, contract, certificale, agreen~nt, or otherwise, which autlxnizes ~e
construction or operation of a Cable System but neither supersedes nor takes the place of
any license, license fee or permit authorization which might otherwise be required for the
privilege of transacting tntsiness wifl'~n the County.
"Franchise Area" shall mean the unincorporated areas of Collier County.
"Franchise Fee" shall mean an annual fee of flve percent (5%) of Grantee's Gross
Revenues paid for the use and occupation of the County's rights-of-way.
"Grantee" or "Frnnchisee" or "Company" shall mean the person, firm, or
corporation to whom a Franchise, as herein above defined, is granted by the County and
any lawful ~, I~nsferee or assignee or.id person, ~ or corporation.
"Gross Revenues" shall mean all revmues derived by the Grantee from its operation
within the County to provide Cable Service.
a)
Such revenues include, but are not limited to fees charged to subscribers for:
1) any video and/or audio program seavice; 2) installation, disconnection,
b)
Such revenues also include revenues derived fi'om: I) access to or lease of
video channels, 2) locally originated advertising availability sold by eithex the.
Grantee or its agent, ami 3)compensation for the can-iage of home shopping
channels.
The sum of the aforementioned shall be the basis for calculating the Franchise Fee
imposed pursuant to Section 6 herein. Not included are revenues related to: 1) refunds; 2)
bad debt; 3) equipment deposits (e.g. enstomex terminal devie.~); 4) any sales tax, excis~
tax, or other tax collected by Cmmtee on behalf of any governmental unit, except monies
collected by Grantee to pay fianchise fees may be included in or excluded from Gross
Revenues at the discretion of Grantee as authorized, allowed or permitted by subsection
47 USC 542Co) as same exists or may be amended; 5) reimbursements for expenses (e.g.,
returned check fees, and copy expenses); or 6) items excluded by Local, State or Federal
law.
"Institutional Network" shall mean capacity on a closed loop fiber optic network
allowing for governmental non-eommen:ial communications by and between thc
Grantor's owned or leased facilities
12C
2.18
2:19
2:20
2.21
2.22
2.23
2:24
2.25
2.26
2.27
'Interactive on-Demand services" shaH mean a service providing video progranuning to
subsc'n'lgrs on m on-demmd basis.
"Non-Commerdal Programming" dzali mean programming which is produced for non-
profit educational and governmental purpos~ and not in connection with a business
enterprise. Such programming shall include no advertising, promotions or producI
endors,~rnents.
"Other Communications Service" shall mcan telephony, electronic communication (e-
mail), or any other lawful service that Cable Operator makes available for purchase by
Subsctibe~;
"Person" shall mean an individual, partnership, association, limited l/ability company,
joint stock company, trust, corporation, or governmental entity;,
"Publfc Buildings" shall mean public K-12 schools, County, government owned or
leased buildings or parts of buildings which are occupied by County employees for the
sole purpose of condacting County business.
"Public Way" or "Rigbts-Of-.Way" shall include the surface, the air space above the
surface, taxi the area below the surface o£any public streeg avenues, highway, lane, path,
alley, sidewalk, boulcvmxl, drive, bridge, tunnel, pazk, parkways, squm'e~, viaducts,
waterways, greenways, utility easements, and other public property now or hereafter held
by the County or the State which shall entitle the County and the Grantee to the use
thereof for the purpo~ ofinstalllng and maintaining the Grantee's Cable System. No
reference herein, or in am/franchise, to the. "public way" shall be deemed to be a
representation or guarantee by the Com~ tha~ its title to any property is sufficient to
permit its use for such purpose, and the Grantee shall, by its use ofsuch terms, be
deemed to gain only such rights to use l:noperty in the County as the County may have
the undisputed right and power to give or as granted by Federal or State law.
"Reasonable NotUicaflon' shall mean fourteen (14) business days/'or all non financial
related matters and thirty (30) business days for financial matters, unless specifically
provided in this AgreemenL
"Residential Subscriber" shall mean a subscriber who receives service in an individual
dwelling unit or multiple unit dwelling, where the service is not to be used in connection
with a business, trade or profession.
"Subscriber" shall mean any person or entity lawfully receiving Cable Service ora
Grantee pursuant to this Franchise.
"Service Tier" shall mean a category of Cable Service or provided by a Cable Operator
and for which a separate rate is chm'ged by the Cable Operator,
12g
1
3.2
3.3
Section 3. N~t~re ~nd Tern~ of Gr~nt
3.1
Thc County docs hereby grant unto the Grantee thc non-exclusive right, privilege and
franchise to erect, maintain ~nd o~n~e a c~ble telodsion system ~ any and every type
ofwirc~, poles, conduit~ aml ~ trammiuion end distribution facilities now in
the meets, l~nez, meenue~ alleys, public or utility casements, bridges, highways and
other public places within the Franchise Area as now exist or nuy come into existence in
thc future, and any property which may from time to time b~ added thereto.
Nothing in this Franchise ~hall limit the right of the Grantee to transmit any kind of signal
or frequency or provide any type of service now in existence or which may come into
existence and wtfich is c~pable of being lawfully tranmfitted ~ d/stn'buted by those
facilities owned and operated by the Grantee. The provision by Grantee of any service
other than cable service shall be mbjeci to all applicable Federal, State, and Local laws
and regulations. Grantee presently egemes two cable systerr~ in thc Franchise Area
under two respective franchise; I) a system ua'ring portiom ofwestem Collier County
pursuant to the Franchise dated March 31, 1987 granted to Florida Cablevision
Management Corporation (hereinafter referred to as "The Collier County System" and the
"The Collier Franchise"); and (2) a system serving the lmmokalee area pursuant to thc
Franch/se dated November 13, 1981 and originally granted to Warner Amex Cable
Communications Company and ~ubsequently transferred to Florida C. ablevision
Management Corporation (hereinafter refc~xcd to u the '~[mmo~ee System" and the
Immokalee Franchise"). Upon the effective date of this Franchise Agreement, both
systems will operate pursuant to rig terms of this Franchise Agreement and both prior
existing fi-anchises shall terminate.
Notwithstanding. Grantee may, in ils sole discretion, elect to lease fiber optic, coaxial and
multi-pair cable and other cable communication facilities or program services fi'om other
County franchised providers of Cable Service to support thc operation of its Cable
System.
The Franchise granted herein shall run for a term of 15 yea~ commencing upon
September 2, 1997 and terminating upon September !, 2012
3.4 Public Rights-of-Way use conditions.
3.4.1 All facilities shall be conslxucted, installed and localed in accordance with the
following terms and conditions:
3.4.2
The County, may require, at no cost to thc County, the Grantee to locate and
identify ils cable television facilities within any portion of thc public rights-of-
way where the County is performing construction, maintenance or other work.
12C 1
3.4.3
3.4.4
3.4.5
3.4.6
3.4.7
3.4.8
3.4.9
The County reserves the Hght, upon re~omble no6ce, to ~ the Cnam~ a~ its
expense to protect, supixat, temporarily disconna:g relocate or remove from the
County's street any ~ of the Grantee by reason oftraffi¢ conditions, public
safety, street consm~on, real or planned excavation, change or establishm~ of
other types ofstmcan-e or improvements by governmental agencies. Re~sonable
notice for this provision means at least ninety (90) days, except in the ca.sc of
emerg~ncie~ where no specific notice per/od shah be required. The County shall
minimizing disruption to the Cable System, where public work~ projects may
affect the Gramees Cable System.
to cxzsting utility poles ifmrplus pole space is then available to
Grantee on reasonable terms ami conditions including a reasonable tee.
With respect to underground installations, Grantee shaH install its facilities within
an existing underground duct or conduit whcnever available excess capacity thcn
exists within such conduit on reasonable terms and conditions, including a
reasonable fee.
Whenever all exi?ing electric cable and telecommunications facilities in a
particular area are kgatod underground within a public way ofthe County,
Grantee must locate its cable television facilities within that area underground at
no cost to thc County.
The Cn'antee, at no cost to the County or the State, shall relocate its facilities and
appliances which arc in conflict with County projects to upgrade or construct
roadways to the extent all other occupants of the rights-of-way are required to do
SO.
The Grantec shall locate, place and construct its telecommunications facilities so
as not to unreasonably interfer~ with the construction, location and maintenance
of sewer and / or water mains, lines, or connections. The Grantee shall take
appropriate preventative measures to protect existing facilities within the public
rights-of-way.
Grantee shall restore and replace landscaped areas, pavement, l:~desh'ian
lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee
and or its contractors with like material to their former condition at the Grantee's
cxpcnsc, and shall thereafter, from time to time, but no longer than one (1) year
from thc completion of the job, readjust, fill and finish the same as may be
necessary due to settling of the earth associated with the Grantee's disruption of
the public way.
12C
3.5
3.6
3.7
3.4.10 The Grantee shah adhere to all appliczble Fedet~ State and Local laws, rules
and regulations regarding the location, constrncfion, and maintenance of its Cable
System facilities within the public rights-of-way.
Grantee is required to obtain construction permits for Cable System facilities installed in
rights-of-way.
Thc Grantee shall, subject to commercial practicability provide its cable tclcvision
sa-vices without unlawful discrimination as to the terms, conditions, rates or charges for
Grantee's services; provided, however, that nothing in this Section shall prohibit a
franchis~ from making reasonable classifications among differcntly situated custom~
groups.
For the purpose ofand to the extent required to accompUsh transporting EG access
channels, the Cn'aatee shall interconnect its Cable System with other systcms in adjac, cnt
areas, upon th~ directive of thc Co;tory's Franchise Administralor, provided the
conditions set forth below arc met. To fulfill this obligation, the Grantee shall familiarize
itself with all technical rcquirernents needed to cause such intcrconnection. Grantee
shall be obligated to make an intcrcormection only ifth~ following conditions are mcC
3.7.1 [nterconnection is technically fc~siblc.
3.7.2
The costs of intcrconnection to Grantee arc rcasonablc in light oftbe relativc
benefits and burdens to each party and its customers; including consideration of'
support (capital and opera~ionaf) provided for EG access ~, including
equipment inuse for EG access at the time ofinterconnectiom
It is agreed that intcrconnection of thc Immokalee System is not presently
feasible and tlut thc costs thcrcofarc not presently reasonable, m~d that the
conditions r~quiring interconnection of the hnmoka/ce System arc not
presently ~ It is poa~ible fl~t such interr, onnecfioa ~nd c. om may become
feas~le., and that conditions requiring such interconnection may be met during
thc initial fifteen (15) year term ofthis Agreement, or thereafter.
3.7.3 Interconnection of thc systems may be accomplished by direct hard cable
connection, microwave link, or othcr al~ropriate means.
3.7.4
Upon rccciving a directive from the County's Franchise Administrator to
interconnect, thc Grantee shall initiate negotiations with the other affected
system(s) in order that all costs may be shared for both co--on and
operation ofthc interconnection link consistent with the s'~dard ~t forth in
Section 4.8.2. Grantees agrces to commence such negotiations at such
reasonable times ~ established by thc County Administrator.
Section 4.
3.7.5
The Gnmee aw/be ~:orded re,tunable extensions oftbe time ~ interc, omm:t,
or the County may re~:iad its order to interr, omect upon petition by one or axaz
franchised cable operators to the County. The Coanty d~all grant the mques~ if it
finds that the Grmt~ had negotiated ia good faith and had failed to obtain
approval from the other affected ~teea, or the ~ ofinterconneetion would
be unreasonable ia light of the benefits ofiatercounection
3.7.6
The Grantee shall cooperate with any interconnection corporation, regional
interconnection authority or Local, State and / or Federal regulatory agency
established for the purpose of regulating, financing, or otherwise providing for
the interconnection of Cable Systema beyond the boundaries of the County.
Cnstomer Service Standards
County has determined that it is in the best intereat of its residents and consistent with the public
convenience and necessity to adopt Customer S~'~,ic~ Standards for the provision of Cable
Services by the Grantee. Thc Grantee shall operate its Cable System in a manner consistent with
the County's Consumer Protection Provisiona, Collier County Code, Chapter 30 § 55, to thc
extcnt that such provisions arc not inoansis'~t with tho~ ofth¢ FCC.
Section 5. Compensation, Andittng and Other Payments
5.1
5.3
5.2
5.4
Grantee shall pay the County throughout the term of this Franchise. as compensation, an
annual Frar~hise Fee of five lxa'cent (5%) of the Grantee's Cnx~ Revenuea, except that
during the first three (3) months ofth~ tern~ ofthi$ Agreement, Grantee shall pay a "
Franchise Fee of three percent (3%) of Gross Revenues derived from the Immokalee
System.
All such payments of Franchise Feea shall be payable quarterly within sixty (60)
days after the end of thc calendar quarter for which thc payment is made.
Franchise Fee payments shall be accompanied by a report itemizing and setting forth the
revenues / receipts and showing thc calculation of the payment due for the preeediag
The payment of the Franchise Fee by thc Grantee is for the right to cotmn~zt and operate
a Cable System and to provide Cable Service, as defined herein, within the County's
public rights-of-way and is in lieu ora right of way use or encroachment fee.
Thc County, on an annual basis, shall be furnished a statement within ninety (90) days
of the close oftbe calendar year, certified by an official of the franchisee responsible
for the Cable System's financial stalements, reflecting the total mounts of Gross
Revenues as defined herein, and all payments, and computations for the prea4ous
calendar year. Upon tm (10) days prior written notice, the County shall have the right
to conduct an independent audit of Grantee's records as necessary to determine whether
9
12C 1'
the correct framtd~ fe~ has been paid If, m~, resolving ~ ~u~ ~g ~m ~h
audit, ~ ~ ~ a F~g F~ ~~ of~ ~t (3%) ~ ~
· c ~ ~ ~ ~1 ~Ie ~ of~h ~ ~ o~ ~, ~ ~
shall ~ ~l ~ ~ f~ ~i~ ~ ~ ~ ~
5.5
All Grind's boob and r~corda ~geming ira Gru~a ik'veaue, and ira calculation of
paymenta to the County, ahall be available for impozti~ by an appropriate officer of
the County, or ~ deaignee, g cco~:mable timea to def~tmi~ the amount ofco~on
duc to theC. ouz~from~uml~thisF~ Such recorda shall bekcptso~m
to ~ly draw fl~e ~m~,.
with the Grant~ tach repom with re~ct to ~ Cable Sy~aem and the Gross Revenuea
detcrmine the amonn! ofcompensation due the County.
5.6
In the event Grantee makes an under payment or in the event Grantee fails to makc any
payment on or befo~ the date it is due, Grantee shall I~Y interest at a r~ ofone percent
(1%) per month on any such under payment ~nd/or late ~ymeat. Interes~ shall no~
accrue, with respect to unde~ payments, until such time tl~ thc Grantee is notified
about any alleged underpayment by the County.
5.7
Consistent with federal requirements, the Grantee shall file no less frequently than
annually, a schedule of its rate ~xl ~ny amendments, or modifications affecting the sale
of its services and subscriber terminal equipment and shall provide written notification
to the County within thirty (30) days of any ~ changes. Upon request, thc
Grantee shall also provide to the County copies of all filings, rcports and petitions to
Local, State, or Federal regulatory agencies concerning G-mntee's provision of Cable
Section 6. Franchise - Not Exclusive
This Franchis~ shall be non exclusive. The County reserves the right to grant fi'anchisos to othc~
persons at any time or construct, operate and repair a Cable Systczn itself or to contract with any
other person for thc use of the County streets or prolmW for the operation ofother cable systems.
In the event any of the material terms and conditions of any frlmc, hise or other right to use the
fights-of-way in all or any part of the Franchise Area granted by the County to any other party is
(are) more favorable Coy inclusion, exclusion or altering of~c.h material provision (s)) to ~
other party than the corresponding terms and conditions ofthia Franchise, then this Franchise
shall be amended to include such more favorable terms and conditions.
I0
Section
7.1
7.2
Section
$.!
8.2
8.3
8.4
Section
9.1
9.2
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7. No-Waiver
The failure ofthe County or the Grantee upon one or more occasiom, to exercise aright
or to require compliance or performance under lids Franchise or any other applicable
law shall not be deaned to ~ a waiver of such right or a waiver of compliance
or performance, unle~ ~u~h right has been q~'ific~y waived in writing.
Waiver ora breach of this Franchise or any section of Clut~.er 30 oftbe Collier
County Code shall not be a waiver of any other breach. Neither the grant ofthis
Franchise nor any provision herein shall constitute a waiver or bar to the exercise
of any governmental right or power of the County.
8. Regnlatfon
The County Commission shall in the exercise of its generally ~plicable police power
and authority reasonably rcgul~e the exercise of the privileges permitted by this
Franchise in the public interest, provided such regulations arc not inconsistent with
terms of this Agreement. Any failur~ by the County to proml~ly enforce compliance
with this Franchise in accordance w~th Federal, Statc and Local laws and Ordinances
shall not relieve Grantee of its obligation to comply with any provision of this
Franchise.
The Grantee's rights, ~ithont limitation upon tbe Caxmty's regulator/authority,
pursuant to the Commmficafiotss Act of 1934, as amended or any other subsequent
Federal or State Law, slutll not be abrogated or otherwise !~
Following reasonable notice, the County reserves the right to inspect the installation
and maintenance of the Cable System.
Thc Grantee shall comply with all Federal, State and generally, applicable police power
and local regulations ~pplicablc to its Cable System, such as the traf~c safety / lane
closure rules and construction requirements promulgated by Ibc County.
9. Cable System Design and Constrncflon
Grantee shall upgrade its current systems, so that on or bcfo~ Dec~ber 3 !, 2000,
the Grantee shall operate a hybrid fiber coax 750 MHz cable television system in ~reas
where the Grantee's system presently hss a capacity of 550 MHz and shall opcra~ a
550 MHz cable television system in the areas where Grantee's system presently has a
capacity of less than 550 MHz. The Gnmtee is permitted to modify its design and
implementation plans, to accommoda~ technological innovations and refinements
which enhance system reliability and capacity.
The cable television network shall satisfy all FCC standards for C. ablc Systems.
Ii
Section 10. Comtinfnf Tes~
10.1
Thc Grntce shll perform all tests required to demmmme complhnce with the
requirements 47 CFR 76 mb~fl IC All tests shall be conduct~ in nccordance with thc
FCC's ruks.
10.2
Co--on map~ shall be provided to the County no less than ten (10) days prior to
the ce~'ne~Acenxm date of' ny construction. "As built" maps shaH be provided no
morc ti'dh thirty (30) days foHowins thc conclusion ofcomimction for each grid. Such
maps should designate RJe location of Grantee's facilities in a mutually acceptable form.
Section 11. InsffimJoual Neiworb
11.1
its rebuikl process in the County ( as described in Section 9), writt~ notificaIion of this
rebuikt process will be provided to thc Grantor. The Grantor will have ninety (90) days
fi'om the date of the r~craild notification ~o confirm C-,-~.~ior's interest to use
niflcty (90) day period of time is a firm ~ ofopportuni~ for Grantor to pursue an
Institutional Network and mns~ provide nil necessary documentation to Grantee rc~
usc ~ity or Grnntce's sysicms as afl l-Nct, Grantor will pay Grantec a fee for such use
as mutually aSrccd in an amou~ not to exceed ~hc mnount permism'bl~ by thc Federal
Communicatiom Conunission (FCC), should the FCC al such time regulate such fccs,
Grantor will bc rcsponn'bl¢ for mapping, desii~ng and technical specifications as well as
material specifications of said lnstittnional Network needs. The construction and
maintenance specifications of the Institutional Netwmk will b6 negotiated in good faith
proceed with RJe project and has developed plans for utilizafic, n of the Institutional
Network.
11.2
Grantce agrees to work in a ~opcrativc fashion with Gramor arid its agents with respect
to the design and selec6on of components nacessm7 to implement its applications
relive to thc Insti~ Nctwork and, if Grsntor requests, Grantee shall fm'nish
terminal equipment ag Grantee's cost, provided that the Grantee is reimbursed by thc
Grantor for said expemes.
1 i.3
~ parties acknowledge that ~ agreement rc~ usa~ of the Institutional
Network is subject to aH Local, State, and Federal law. To the extent permitted by
law, the Grantor or public a~ncy agrc~s to indemnify and bold htm~css fl~e Grantee
fi'om and against any and aH claims, darfla~cs, liabilities, costs and expenses, including
rcason~le attorney's fees and costs direc~ related to the material under the Grantor's
12
1
or public agcr~y user's exclusive control car~ed on tl~ Institutional Network, h~cluding
but roi limi~l ~o, copyfigl~ infi'ingement, h'bel, slander, defamation, patent trademark
or invasion of privacy claims.
11.4
All rights, tit~ and interest in all the l-Net Facilities and all other equipment and
materials provided by Grantee hereunder shall at all times remain exclusively with
Grantee. All rights, title and interest in all associated facilities and equipment provided
by the County shall r~rnain cxchuiv¢iy with the County.
The l-Net Network ~ be for the use ofth~ County a~ ret forth herein and no portion
thereof shall be used by any other person at any time, whelher for payment or not. The
l-Net shall be used only for non-commercial educational and governmental purposes.
The I-Net ~ not be used to tranmfit or reef+ye any communication (in whatever form,
whether video, audio, data, voice or otherwise) destined to or originating fi'om any other
network, including without limitation the facilities of any local or long-distance
telephone company unless agreed to by Grantee and the Grantor.
Section ! 2 Public Education and Government Access Provisions
12.1
Throughout the term of this Franchise, the Grantee shall set aside one (1) channel of its
tratmnis$ion capacity a~ an EG access channel on the residential di~n'bution system.
On or before September 30, 1999, Grantee shall set aside a second EG access channel.
12.1.1
Thc Grantee agrees to pay the County within thirty (30) days of the effective
date of this Agreement $50,0(X) dollars for the purcha.~ of t¢Icvision
production equipment for EG access. The County agrees to provide
necessary personnel at its ex~ to produce programming through the use
of such faeilitiea.
12.1.2
EG acce~ signal uansportstion on the Graatee's Cable System or
intmommtion facilities shall b~ provided without charge to the Grantor
upstream to the Grantee's |ntercotmecting hub site for downstream
distn'bution on the Collier County Cable System to subacn'ber$. Grantor shall
be reapo~ible for delivery olEG programming to the headend of the
Immokalee System.
12.1.3 If at anytime an activated EG access channel is not utilized for EG purposes,
thc Grantee shall have the right to use thc time.
12.2 Requirements Regarding Rules and Procedm'~ for Use of EG Ac.c.~a Channels.
13
· '" 12C 1'
12.2.1 The ~ shall be respons~le for establishing and enforcing rule~ for use
ot'the EG access channels.
12.2.2
The Gr'~nt~ nay not exercise iv/editorial control over I1~ co~lent of
prong on the designated EG access channels as so provided under
Federal Law.
12.3
Whether ~y cost to the Grantee ~,sociated with providing access services,
f~lifies, and equipment under this Fnmehise, including without limitation, the
amotmts ~ forth heroin ~re or,re not p~ ofthe Frarw. hise fee, shall be
determined in accordance with the provisions of 47 USC, § 542. The parties
education! ~1 governmental ~.eess f~'ilities ~'e not franchise fees under the
pmvisiom of,l/USC, § 542.
Section 13. Assi~nment
This Franchise may be assigned or a trarts£er ofeontrol effectuated only with the prior consent of
the County, which shall not be unreasonably withheld or delayed, and in aeeordanc~ with the
roles of the FCC and the Communications Act of 1934, as amended. However, in the event ora
transfer of the Franchise to an affiliate of Grantee, no consent shall be required but notice thereof
shall be given to the County. There shall be established a rebuttable presumption of a transfer of
control upon the ~cquisifion by a non-eon~lling party of a thirty percent (30*4) ownership
interest in Grantee.
Section 14. Remedies
14.1
In addition to any other rights set out elsewhere in this Franchise, and subject to the
provisions herein, thc County reserves thc right to declare a forfeiture of this Franchise,
and all of the C~-~ntee's rights arising hereunder, in the event that:
The Grantee is found to have violaled any material provision of this Franchise; or
The Grantee is found by a court of competent jurisdiction to have willfully practiced any
fraud or deceit upon the County.
14.2
Because the Grantee's failure to comply with provisions of this Franchise will result in
injury to the County, and because it will be difficult to estimate the extent of such injury,
the County and the Grantee hereby agree to the liquidated damages in accordance with
the amounts prescribed by the current Collier County Code, Chapter 30 § 51.
14.3
The County shill give Grantee thirty (30) days written notice of its intent to exercise its
right~ under this Section, ftafing the reasc~ for ~uch action. If Grantee cures the
problem within the thirty (30) day~ notice period, or if the Grantee initiates ~ubstantial
14
effort, to rcmcdy the smed problem, and thc efforts continuc in good faith, fig County
shall not have the right to decLm~ a forfeiture of the Franchise or impose liquidated
damages. If Grantee fails to cum the stated viohtion within the thirty (30) day~ notice
period, or ifthe Gran~ do~ no~ under.kc efforts satisfactory to the Courtly, to
remedy the e, ated v/ohfion, then thc County, upon reasonable not/ce, may/ml~ any or
all of the remedie~ available berein only aria' a public hearing upon thirty days notice a~
which Grantee shall have a right to be hea~L
Section 15. Expiration and Renewal
Renewal of this Franchise shall be governed by applicable Stale and Federal Law.
Sectfon 16. Confidential Information
Grantee may identify documents, books, records or other information, which Gran~ provides to
or makes available for inspection by the County under this Franchise as confidential. Grantee
shall prominently mark any such information for which it claims confident/silty with the word
"Confidential" in lc"tlc'rs at least one-half (1/2) inch in height, prior to submission or inspection
by the County. The County shall make a good faith effort to protect such confidential
information subject to thc County's obligations under Local, State and Federal disclosure laws.
Should thc County receive a r~uest to review Grantee's document records, books or other
information identified az confidential under the Florida Public Records Law, it will promptly
notify Grantee and provide an opportunity for Caantee to raise an objection, dernomtmto why the
requested information is confidential and, if necessary, seek a court order to pwtect its
confidential information.
Section 17. Forum for Litigation
Any litigation between the County and Grantee arising under or regarding this Franchise shall
occur, if in thc state com'ts, in the Collier County Court having jtuisdiction thereof; or if in the
federal courts, in the United States District Court for the Southern Dis~ict of Florida.
Section 18. Notice
Any notice provided for under this Franchise shall be sufficient if in writing and dclivcred
personally to thc following addrezsee or deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed as follows, or to such other address az the
receiving party hereafter shall specify in writing:
If to the County:
County Administrator
Collier County
3301 Tamiami Trail East
Naples, FL. 34112
15
With a copy to:
Franchise Administrator
Collier County
3301 Tamiami Trail East
N~pks, FL 34112
If to the Grantee:
Symm
Collier ~xmmy
1610 40~ Terrace S.W.
Na~plc~, FL. 34116
With a copy to:
T'u~ Wsrner Csble
290 Harbor Ddv~
Stamford, CT. 06902
Section 19. SeverabiHty
If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any
reason, declared invalid, in whole or in pa~t, by any court, agency, commission, legislative bedy,
or other authority of competent jurisdiction, such portion shall !~ deemed a separate, distinct,
and independent portion. Such doclar~on shall not affect th~ validity of the remaining portions
hereof, which other portions shall continue in full forco
Section 20. Non-Disertmins~on
Thc Grante~ shall not discriminate in any manner on the basis of age, race, sex, handicap, color,
creed, national origin, or rdigion. '::
Section 21. Non-Divestiture
This Franchise shall not divest the County of any right or interest in the public rights-of-way.
Section 22. Letter of Credit
22.1
Within sixty (60) days following Ibc awanl of the Franchise, ~ Grnntee shall deposit
with the County · lette~ oferedit fi'om a financial institution, approved by the County's
Finance Director, in the amount often-thousand dollars (S10,000). The fonn and content
of the letter shall be approved by the County Attorney. The letter of credit shall be used to
insure the faithful performance of the Grantee of all provisiom of thc Franchise and
compliance with all orders, permits and directions ofany agency, commission, board,
department, division, or oflic~ of the County ~ercising j .urjsdiction ov~ tho Grant~'s
acts or defaults, and payment by the Grantee of any penalfi~ claims, liens, liquidated
damages, or fe~s due lhe County.
16
22.2
22.3
22.4
120
l£the Grant== f~L~ to l~t to ~ Coun~ ~ compensation not in dispute and due the
County within the time fixed bert. in; or fails, after ten (10) days notic~ to pay to the
County any penalties, ¢lairns, liens, liquidated damages, or fees due ~e County, such
failure by the Gtamee can be remedied by demand on the letter ofcrediL The County
may immediately request payment ofthe smotmt due from the letter ofcrediL Upon such
request for payment, the County shall notify the Grantee of the amount and date thereof.
The letter ofcredit ~hali be maintained at ten thouzand ($I0,000) during the entire term of
the Franchise ~ modified in aexoMame with the procedures provided for in this
Agreement. In the event that amounts are withdrawn pursuant to thi~ $¢etion, the
Grantee, shall take any required action to restore the lett~ of credit ~aid total amount of
ten-thotmM dollam (Sl 0,000) wi~ ten (109 b~ine~ day~ of notification by the
County ofil$ wiflxltawal against the letter oferedit unless Grantee commences a legal
action challenging the basis of the withdrawal.
The fights reserved to the County with respect to the letter of credit are in addition to all
other fights ofthe County, whether reserved by the Franchise, or authorized by law, and
no action, proceeding or exercise ora right with respect to such a letter shall affect any
other fight the County may have.
22.5 The letter oferedit shall contain the following endorsement:
22.6
22.7
'It is hereby understood and agreed tttat tfiis letter of credit
shall not be canceled by tile $urety nor tile intention not to
renew be stated untit tAtrty 00) day~ aflerrecetpt by tat
County, by registered mail, of a written notice of xucA an
intention to canad or not to renew."
The Grantee shall renew the letter ofcredit not le~ than thirty (30) day$
prior to its expiration and provide a copy of the renewal to the County.
Failure to comply with this provision dali entitle the County to draw
down the letter ofcredit in its entirety.
The other provisions of this Section notwithstanding, in lieu ora letter of
credit, Grantee may elect to provide to the County evidence which
reasonably establishes thc Grantee's financial ability to meet thc terms
of this FrancMse
Section 23. Remedies - Cumulative
All remedi~ provided under this franchise agreement or Chapter 30 of the Collier County Code
shall be cumulative, unles~ otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another, nor shall it relieve the Grantee of its obligations to comply with thc
17
1 2C
Franchise. Nxmedies may be used ~infJy or in combination; in addition, the County may exercise
any fights it has under applieablg law.
Section 24. Books and l~co~- Inspection
The County may inspect the books, records, maps, plans, and other documents, including
financial documents, in the contzol or po~ae~ion of the Granlee (or ofany affiliate, to thc extent
thc affiliate is acting as an operator oflhe Grant~'$ Cable Sy~m) to the extent ~uch inspection
is required: (1) to enforce the Count's rights or assess complim~x w~th tbe Frar~M~ and
applicable law; (2) in the exercise of any lawful regulatory power. Tlg material may be
duplicated at a County fagilJty unl~ th~ County ~ to J~ and copying at ~om¢ other
place. Material that the County requires Grantee to produce trader this ,~'tion shall be
produced upon reasonable notice,, ms later than thirty 00) days after th~ request for production.
Requests for extensions of t/trg to rgspoml shall not be mmmsonably denied.
Grantee may request that the County treat records containing trade secreU or proprietary
information as confidential under the Florida Public Records law. To the extent authorized by the
Public Records law and other applicable State and Federal law, tl~ County shall maintain thc
confidentiality of information designated "proprietary" by the Grmtee. Should the County
receive a request to review Omm~s r~cords or books under fl~ Florida Public Records Law, it
will promptly notify C_aamee and provide an opportunity for Grantee to raise an objection,
demonstrate why the requested information is proprietaO, and, if necessary, seek a court order to
protect its propdetaq, information.
Section 25. Books and Records - Reports and Responses to Questions
25.1 Grantee shall provide the foBow~ng reports to Grantoc.
25.1.1 A quarterly Franchise Fee report listing Gross Revenues received.
25.1.2
Within ninety (90) days after the close ofthe Grantee's fiscal year, the Grantee
shall submit a written mm:al report including a financial slatement, including a
stata~ent of Gross Revenues which shall be certified by an official of Grantee.
25.1.3
25.1.4
Grantee shall file with the County any notice of deficiency, forfeiture, or other
document issued by any State or Federal agency which has instituted any
investigation or civil or criminal proceeding naming the Cable System, the
Grantee, or any operator ofthe Cable System, to the extent the same may affect or
bear on the operations of thc Grantee's Cable System.
The Gnmtee shall file with the County any request for protection under
Bankruptcy laws, or anyjudgrnent related to a declaration of bankruptcy by the
Grantee, any affiliate which controls or manages the Grantee, or any operator of
the Cable System.
1
I$
Section 26. Books nd Records- Maintenance
26.1 In addition to rcports required by IMs FrancMse, the ~mntee shall maintain records o f tI~
following:
261.1 FCC pmofofperfonnanee; and
26.1.2 Momhly records demortstr~g complimce with applicable Customer Service
St. mdmb.
Section 27. Inspection of PhnI
Thc County may inspect the Gra~tee*s Cable System dining con~o~ and anytime ~*caftcr
upon reasonable noti~ to ~ Cmantee. If, based on subt:n~ comphints or its own
investigation, I~ County belicvcs that the Cable System may not be operating in compliance
with thc FrancMse Agreement or applicable Federal rules, it may require Grantee to perform
tests, prepare a report and present to the County tim results of those tg~sts. The Grantee shall
report each deficlcncy and take prompt action to remedy it. Ifa test shows no deficiency,
Grantor shall reimburse Grantee for thc cost ofthe tests.
Section 28, Insurance
28.1
Within thirty (30) days at~ fl~ effective date offl~ Franchise, Csrmtee shall provide
proof of the requir~ irtmranee. The Cn'-antee shall ~ this insurance throughou~ the
Chapter 30 § 36 of the Collier County C, od~
28.2
The insmance coverage obtained by this fianchise in compliance within this Section shall
be approved by the County's Risk Management ~ and copies of such insunnce
policies (or certificatc of insurance) shall be filed with the County.
Section 29. Enwr~ey Alert
The Grantee shall install and maintain ~n emergag-y ~at systnn lEAS] pure, ant to FCC', rules.
19
Section 30. Serv~:e to Publk Buildings
Grantee shall, upon request, provide service to public buildings located within one hundred fifty
feet (150') of Grantee's existing distribution system; provided, however, that if adequate
underground conduit is provided by the requesting public agency, Grantee shall, upon request,
provide service to public buildings wi',/~.in two hundred fifty feet (250') of Grantee's distribution
system. All charges for installation and provision of C. able Services to such public buildings
shall be at Grantee's cttrrent r-ale. Neither the County nor any other person may resell such
Section 31. Four Year Review: Performance Monitoring
31.1
During the years which commence on the £ourth anniversary or any multiple thereafter, of
the effective date of'the Franchise, the Comsty may' commence a review of Grantee's
performance under the Franchise. As part of this review, the Grantor may consider:.
a) whether the Grantee has complied with ils obligations under the Franchise and
applicable lavr,
b) whether cuslomer service standards, technical standards, or bond or security fund
requirements are adequate or excessive; and,
c) other issues as may be raised by the Grantee, the Grantor, or the public.
31.2
The County shall conduct public hearings to provide the Grantee and the public the
opportunity to comment on th~ Grantee's performance and other issues considered as part
of the four-year review.
31.3
Any revisions to the Franchise Agreement which either the County or the Grantee wishes
to make as a resul! of these reviews shall be proposed under thc procedures established
herein.
31.4 Periodic Evaluation, Review and Modification
31.4.1
In ~ldifion the County may, upon thirty (30) days notice, request evaluation and
review sessions at any time during the term of this Agreement and Grantee shall
coopcr~tc in such review and evaluation; provided, however, there shall not be
more than one (1) evaluation and review session during any four year period.
a)
Topics which may be discussed at any evaluation and review session include,
but are not limited to, rates, channel capacity, thc System performance, EG
access, municipal uses of cable, Subscriber complainL% judicial razings, FCC
rulings ~ any other topics the County or Grantee may deem relevanL
2O
12C
b)
During an evaluation and review ~e~$ion, Cn-antee shall cooperate fully with
the County and dull provide without co~t tach reasonable information and
documents as the County may request to perform the evaluation and review.
c)
If at any time during the evaluation and review the Grantor reasonably
believes there is evidence of inadequate technical performance of the Cable
System, the County may require Grantee to provide a copy ofthe most recent
proofofperforrnance test at Grantee's expend, tn making such request, the
County shall describe and identify as specifically as possible the natu~ of the
problem. Grantee ~all ex)operate fully with the County in providing such
tests and shall report to the County results of the test.
d)
As a result of an evaluation and review session, the Grantor or Grantee may
determine that a change to the System or in terms of thc Franchise may be
appropriate. In thal event, either the County or Grantee may propose
modifications to ttg System or the Franchise. Grantee and the County shall, in
good faith, review and negotiate the terms of the proposed change or any
proposed amendment to this Franchise.
Section 32. Conflict with Collier County Code
The provisions of the Regulatory Ordinance, Chapter 30 of the Collier County Code, are hereby
incorporated herein by reference aa if set out in full, and form part of the terms and conditions of
this Agreement In the event ofany conflict between the terma and conditions of this Franchise
and the provisions of the Regulatory Ordinance, the terms of this Franchise shall prevail, except
where conflict arises from lawful exercise ofthe County's police power.
Section 33. Reservation of Rights
Grantor and Grantee reserve all fights that they may possess under the law unless expr~sly
waived herein.
Section 34. Acceptance of Franchise
Within thirty (30) calendaz days following the grant of this Franchise, the Grantee shall file with
the Grantor its payment, if applicable, relating to Section 12.1.1 required herein, together with
a certificate of insurance required herein. The Grantee ~all role that it agrees to be bound by
and lo comply with all requirements pursuant to the pr~visiorm of this Franchise. Such
acceptance and agreement shall be acknowledged by the Grantee before a notary public, and
shall as to form and content be approved by the County Attorney.
21
.... 12C
Sec~n 35. Force MJJeure
cxt.cnded _1~ ' period, of time equal fo tho nun~ of days ~ is delayed due to a force
~e. to.-ro~ m,~.e.." The tmn 'force m~j~ S~t mean &rays du~ t~ ,ca of C-od, wa~,
ctvfl ,d. murbances, fire, unavoidabl~ casualty, ~m~ction delays due to weather, failure of
supphcr(s), or for offer came~ beyond the ~o! of Graatee.
Set,on 36. Effective Date
This Fraac~s~ Agreemem shall take effecth~ately upon adoption. Passed and adopted on'
~s second day of.~pt,~n., 1997.
ATI'F~T:
D~ght E. Brock
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR. IDA
By:,
Deputy Clerk
T'u'no~ L Hancock, Chairman
12C
ACI~OWLEDGEMENT:
Florida Cablcvision Manag~ramt ~tion, hereby agrees to be bound by and to comply with
all requircment~ purmant ~o tl~ provi~iom offllh Franchi~ Ageem~
BY:He~~- d~
A~
co~-s~l
State of Florida )
County ofCollier )
Thc foregoing Franchis~ Agreement was acknowledged bcfor~ mc this second day of September,
1997, by ~ · · ·
mmm'm mmm~{m~.m- {
Approved as to form a~l legal sufficiency:
A~i~nt County
I~t ty ~evs
II~t~, Ft. 33940
ot' PubL~c~t t~
BO~O C~ COUKTY Ct~I~ZSSIONEItS
ATTN: NANCY S~LOGUB
BOX 411016
REFERENCE: 001Z30 111100~064~'1
57~51771 Nottc~ ot' C~x~tdermt
SPACE:
12C
120
1
Date: September 4, 1997
To:
Jean Merritt, Director
Office of Franchise Administration
From: Sue Barbiretti, Minutes & Records
Re: Item tl2C1, BCC meeting da~e: 9/2/97
Please find attached one original Cable Television Franchise
AGreement that was approved by the BCC on Tuesday, September
2, 1997. The other original document will be kept in this
office.
If you have any questions, call me at 774-8406.
Thanks,
State of Florida - Collier County
120
1
CABLE TELEVISION FRANCHISE AGREEMENT
This Cable Television Franchise Agreement entered into on this second day of
Scpternb~, 1997 by and between Collier County. a political subdivision of thc Statc of
Florida, and Florida Cablevision Management Corporation hereinafter referred to as
"Grantee".
W]TNESSETH:
WHEREAS, the County of Collier, hereinafter refcrred to as 'County' or "Grantor",
desires to assure the widespread availability of Cable Services within the County to promote
commerce and otherwise further the public interest;
WHEREAS, the County is the owner of certain street rights-of-way;
WHEREAS, the County has, following reasonable notice, and after consideration,
analysis and deliberation conducted full public proceedings, during which proceedings the
technical ability, financial condition, legal qualification and general character of Grantee were
determined acceptable to receive a renewal of its franchise;
WHEREAS, thc County has also considered and analyzed the plans of Grantee for the
construction and operation of its Cable System and found the same to be adequate and feasible in
view of the needs and requirements of the area to be served by the respective Cable System;
WHEREAS, thc County has determined that it is in the best interest of and consistent
with the public convenience and necessity of its residents to grant a franchise to Grantee to
operate a Cable System within the specified franchise area within Collier County and on the
terms and conditions hereinafter set forth; and,
WHEREAS, Grantee desires to construct and operate a Cable System along portions of
the County's fight-of-way.
Section i. Findings
Pursuant to the procedures in the Cable Act, Section 166.046, F.S., and Chapter 30 § 28(0(i ) of
the Collier County Code, the Grantor has held a public hearing where the applicable criteria set
forth in law related to granting a cable television franchise renewal were considered. The
Grantor has determined to grant a cable television franchise renewal to Grantee on the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
Section 2. Definitions
For thc purposes of this Franchise, the following terms, p~, words, and abbreviations shall
have the meaning given herein. When not inconsistent with the context, words used in the
presoat tense include the future tense, words in the plural include the singular, and words in a
particular gender shall include each of the other gender. The words "shall" and "must" arc
always mandatory and not merely directory.
2.1
"Access" shall mean the availability ofchannel capacity on the Cable System for non-
commercial use by local public schools and the County to create and distribute
programming not under the Ca-mtee's editorial control, including:
2.1.1
"Educational Accel" shall mean access where local public schools are the
designated prograrmners or users having editorial control over their non-
commercial programming which programming shall concern these schools'
educational functions;
2.1.2
"Governmental Access" shall mean access where Collier County governmental
agencies are the designat~ programmers or usen having editorial control over
their non-cormnercial programming which programming shall concern local
governmental functions; and
2.1.3 "E G Acce~' shall mean cducational access and governmental access,
collectively.
2.2
"Affiliate," when used in relation to any person, shall mean another person who
owns or controls, is owned or controlled by, or is under common ownership or
control with, such person.
2.3
"Basic Cable Service" or "Bruit Service" shall mean any service tier which
includes the retransmission of loc. al television broadcast signals and access
channels. This definition shall be deemed to change consistent with any changes
in the definition of this term by the Federal Communications Commission.
2.4 "Cable Operator" shall mcan any per~on or group of persons:
a) who provides Cable Service over a Cable System and directly or through one
or more affiliates owns a significant interest in such Cable System, or
b)
who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System under a Franchise with
Collier County.
2
2.5
2.6
2.7
2.8
2.9
2.10
2.11
12C 1
"Cable Service" shall m¢~n:
a) thc one-way transmission to Subscribers of(a) video programming, or (b)
other protpmuning services, and,
b) subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming services.
"Cable System" shall mean a facility, consisting ora set of closed transmission
paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service and which includes video programming and
other lawful communications services and which is provided to multiple subscribers
within a community, but such term does not include:
a) a facility that serves only to retransmi! the television signals ofone (i) or more
television broadcast stations;
b) a facility that serves subscribers without using any public rights-of-way;
c)
a facility of common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. §201-226, except that such facility shall be considered
a Cable System (other than for~ of 47 USC §541(c) to the extent such
facility is used in the trnnsm~ of video programming directly to
d) any facilities of an electric utility used solely for operating its electric utility
system.
"Channel" means a portion of the electromagnetic frequency spectrum which is capable
of delivering both the audio and video portions ora television signal. At the time of
enactment of this Franchise, such capability generally requires a 6 MHZ capacity, but this
is subject to changes in technology. ~
"County" shall mean the Collier County, Florida, or the area within the present county
limits or as such limits may be changed.
"County Commission" shall mean the Board of County Commissioners of Collier
County, Florida.
"C.stomer Seradce Standards" shall mean those standards adopted by the FCC and the
County (to the extent not inconsistent with those of the FCC), which govern the manner
in which Grantee interacts with the public and its customers.
"FCC" shall mean the Federal Communications Commission or any successor agency.
3
2.12
2.13
2.14
2.15
2.16
2.17
12C 1
"Franchise" shall mean an initial authorization, or renewal thereof, (including a renewal
of an authorization which has been granted subject to 47 U.S.C.§ 546 ), issued by the
Grantor, whether such authorization is designated as a Franchise, permit, license.
re~lution, contract, certificate, agreement, or otherwise, which authorizes the
construction or operation ora Cable System but neither supersedes nor takes the place of
any license, license fee or permit authorization which might otherwise be required for the
privilege of transacting business within the County.
"Franchise Area" shall mean the unincorporated areas of Collier County.
"Franchise Fee" shall mcan an annual fee of five percent (5%) of Grantee's Gross
Revenues paid for the use and occupation oftbe County's rights-of-way.
"Grantee" or "Franchisee" or "Company" shall mean the person, firm, or
corporation to whom a Franchise, as herein above defined, is granted by thc County and
any lawful successor, transferee or assignee of said person, firm, or corporation.
"Gross Revenues" shall mean all revenues derived by the Grantee from its operation
within the County to provide Cable Service.
a)
Such revenues include, but are not limited to fees charged to subscribers for:
I ) any video and/or audio program service; 2) installation, disconnection,
reconnection or service maintenance agreements; and 3) equipment rental.
b)
Such revenues also include revenues derived from: 1 ) access to or lease of
video channels, 2) locally originated advertising availability sold by either the
Grantee or its agent, and 3) compensation for the carriage of home shopping
channels.
The sum of the aforementioned shall be the basis for calculating the Franchise Fee
imposed pursuant to Section 6 herein. Not included are revenues related to: 1) refunds; 2)
bad debt; 3) equipment deposits (e.g. customer terminal devices); 4) any sales tax, excise
tax, or other tax collected by Grantee on behalf of any governmental unit, except monies
collected by Grantee to pay franchise fees may be included in or excluded from Gross
Revenues at the discretion of Grantee as authorized, allowed or permitted by subsection
47 USC 542(b) as same exists or may be amended; 5) reimbursements for expenses (e.g.,
returned check fees, and copy expenses); or 6) items excluded by Local, State or Federal
"Institutional Network" shall mean capacity on a closed loop fiber optic network
allowing for governmental non-commercial communications by and between the
Grantor's owned or leased facilities
12C I
2.18
2:19
2:20
2.21
2.22
2.23
2:24
2.25
2.26
2.27
"Interactive on-Demand Services" shall mean a service providing video programming to
subscribers on an on-demand basis.
"Non-Commerdni Pr~gnammhlg" shall m~)rogramming which is produced for non-
profit educational and governmental purposes slid not in connection with a business
enterprise. Such programming shall include no advertising, promotions or product
endorsements.
"Other Communleations Servke' shall mean telephony, electronic communication (e-
mail), or any other lawful service that Cable Operator makes available for purchase by
Subscribers;
"Person" shall mean an individual, parlnership, association, limited liability company.
joint stock company, trust, corporation, or governmental entity;,
"Public Buildings" shall mean public K-12 schools, County, govermnent owned or
leased buildings or parts of buildings which are occupied by Coumy employees for the
sole purpose of conducting County business.
"Public Way" or "Ri~f-W~y" shall include the suffac~ the air since above the
surface, and thc area below the surface of any public street, rsenues, higtm-ry. I.me.. path.
alley, sidewalk, boulevard, drive, bridge, tunnel, park, park~'ays, squares, viadm-t~
waterways, greenways, utility easements, and other public pvogmrty no~ or hevmt~ held
by thc County or the State which shall entitle th~ County and the Gr'anl~ Io ttm ~ase
thereof for the purpose of installing and maintaining the Grantee's Cable System..No
reference herein, or in any franchise, to the "public way" shall be deemed Io be a
representation or guarantee by the County that its title to any ~ is sufficient to
permit its use for such purpose, and the Ca'an~ shall, by its use of such terms, be
deemed to gain only such rights to use property in the County as the County may have
the undisputed right and power to give or as granted by Federal or State law.
"Reasonable Notification" shall mean fourteen (14) business days for all non financial
related matters ~ thirty (30) business days for financial matters, unless specifically
provided in this Agreement.
"Residential Subscriber' shall mean a subscriber who receives service in an individual
dwelling unit or multiple unit dwelling, where the service is not to be used in connection
with a business, trade or profession.
"Subscriber" shall mean any person or entity lawfully receiving Cable Service of a
Grantee pursuant to this Franchise.
"Service Tier" shall mean a category of Cable Service or provided by a Cable Operator
and for which a separate rate is charged by the Cable Operator;
12C I
Section 3. Nature and Terms of Grant
3.1
The County does hereby grant unto lhe Grantee the non-exclusive right, privilege and
franchise to erect, maintain and operate a cable television system and any and every type
of wires, poles, conduits and other transmission and distribution facilities now in
existence or hereafter developed incident thereto in, under, over, along, across, and upon
the streets, lanes, avenues, alleys, public or utility easements, bridges, highways and
other public places within the Franchise Area as now exist or may come into existence in
the future, and any property which may from time to time be added therelo.
Nothing in this Franchise .shall limit the right ofthe Grantee to transmit any kind ofsignal
or frequency or provide any .type of service no~ in existence or which may come into
existence and which is capable of being lawfully mined and distributed by those
facilities owned and operated by the Grantee. The provision by Grantee of any service
other than cable sets-ice shall be subject to all applicable Federal. State, and Local laws
and regulations. Grantee presently operates two cable systems in the Franchise Area
under two respective franchises; I) a system serving portions of western Collier County
pursuant to the Franchise dated March 31, 1987 granted to Florida Cablcvision
Management Corporation (hereinafter referred to as "The Collier County System" and thc
"The Collier Franchise"); and (2) a system serving the Immokalee area pursuant to the
Franchise dated November 13, 1981 and originally granted to Warner Amex Cable
Communications Company and subsequently transferred to Florida Cablevision
Management Corporation (hereinafter referred to as the "lmmokalee System" and the
lmmokalee FranchiseD. Upon the effective date of this Franchise Agreement, both
systems will operate pursuant to the terms of this Franchise Agreement and both prior
existing franchises shall terminate.
3.2
Notwithstanding, Grantee may, in its sole discretion, elect to lease fiber optic, coaxial and
multi-pair cable and other cable communication facilities or program services from other
County franchised providers of Cable Service to~mpport the operation of its Cable
System.
3.3
The Franchise granted herein shall run for a term of 15 years commencing upon
September 2, 1997 and terminating upon September 1, 2012
3.4 Public Rights-of-Way use conditions.
3.4. I All facilities shall be constructed, installed and located in accordance with the
following terms and conditions:
3.4.2
The County, may require, at no cost to the County, the Grantee to locale and
identify its cable television facilities within any portion of the public rights..of-
way where the County is performing construction, maintenance or other work.
12C 1
3.4.3
3.4.4
3.4.5
3.4,6
3.4.7
3.4.8
3.4.9
Thc County reserves the right, upon reasonable notice, to require thc Grantee at its
expense to protect, support, temporarily disconnect, relocate or remove from thc
County's street any property of thc Grantee by reason of traffic conditions, public
safety, street construction, real or planned excavation, change or establishment of
street grade, installation or planned installation of sewers, drains, water pipes, or
other types of structure or improvements by governmental agencies. Reasonable
notice for this provision means at least ninety (90) days, except in the case of
emergencies where no specific notice period shall be required. The County shall
endeavor to notify and seek comment from the Grantee with respect to
minimizing disruption to the Cable System, where public works projects may
affect thc Grantee's Cable System.
With respect to aerial installations, Grantee shall install its facilities on pole
attachments to existing utility poles if surplus pole space is then available to
Grantee on reasonable terms and conditions including a reasonable fcc.
With respect to underground installations, Grantee shall install its facilities within
an existing underground duct or conduit whenever available excess capacity then
exists within such conduit on reasonable terms and conditions, including a
reasonable fee.
Whenever all existing electric cable and telecommunications facilities in a
particular area are located underground within a public way of the County,
Grantee must locate its cable television facilities within that area underground at
no cost to the County.
The Grantee, at no cost to the County or the State, shall relocate its facilities and
appliances which are in conflict with County projects to upgrade or construct
roadways to the extent all other occupants of the rights-of-way are required to do
SO.
Thc Grantee shall locate, place and construct its telecommunications facilities so
as not to unreasonably interfere with the construction, location and maintenance
of sewer and / or water mains, lines, or connections. The Grantee shall take
appropriate preventative measures to protect existing facilities within the public
rights-of-way.
Grantee shall restore and replace landscaped areas, pavement, pedestrian
lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee
and or its contractors with like material to their former condition at the Grantee's
expense, and shall thereafter, from time to time, but no longer than one (1) year
from the completion of the job, readjust, fill and finish the same as may be
necessary due to settling of the earth associated with the Grantee's disruption of
the public way.
7
3.:5
3.6
12C"1 '
3.4.10 Thc Grantee shall adhere to ali applicable Federal, Slate and Local laws, rules
and regulations regarding the location, construction, and maintenance of its Cable
System facilities within the public rights-of-way.
Grantee is required to obtain construction pennilfot Cable System facilities installed in
fights-of-way.
The Grantee shall, subject to commercial practic~ility provide its cable television
services without unlawful discrimination as to the terms, conditions, rates or charges for
Grantee's services; provided, however, that nothing in this Section shall prohibit a
franchisee from making reasonable classifications among differently situated customer
groups.
3.7
For the purpose ofand to the extent required to accomplish transporting EG access
... ,-- d,, ~..c s,~snc ~..oun~ s rranchI~,. Ad--:-: .......
~ Jmmslralor. provl~leci the
.condmons ~1 forth belo~ are met. To fulfill thi~ligation, the Grantee shall familiarize
,tself ~ ~th all techmcal reqmrements needed to c~se such interconnection. Grantee
shall be obligated to make an/ntereonnection only if ibc following conditions are met.
3.7. I lnlerconnection is technically feasible.
3.7.2
3.7.3
3.7.4
The costs of interconnection to Grantee are reasonable in light of the relative
benefits and burdens to each party and its customers; including consideration of
support (capital and operational) provided for EG access purposes, including
equipment in use for EG access at thc time ofinterconnection.
It is agreed that interconnection ofthe Irnt~okalee System is not presently
feasible and that the costs thereof are not presently reasonable, and that the
conditions requiring interconnection of the lmmokalee System are not
presently met. It is possible that such interconnection and costs may become
feasible, and that conditions requiring such interconnection may be met during
the initial fifteen ( I S) year term of this AgreemenL or thereafter.
lnterconnection of the systems may bc accomplished by direct hard cable
connection, microwave link, or other appl4Jpriate means.
Upon receiving a directive from the County's Franchise Administrator to
interconnect, the Grantee shall initiate negotiations with the other affected
system('s) in order that all costs may be shared for both construction and
operation of the interconnection link consistent with the standard set forth in
Section 4.8.2. Grantees agrees to commence such negotiations at such
reasonable times as established by the County Administrator.
Section 4.
5.3
5.4
12C i
3.7.5
Thc Grantee may be accorded reasonable extensions of the time to interconnect,
or the County may rescind its order to interconnect upon petition by one or more
franchised cable operators to the County. The County shall grant the request if it
finds that the Grantees had negotiated in good faith and had failed to obtain
approval from the other affected Cn'antees, or the cost ofinterconnection would
be unreasonable in light of the benefits ofinterconnection
3.7.6
The Grantee shall cooperate with any interconnection corporation, regional
interconnection authority or Local, State and / or Federal regulatory agency
established for the purpose of regulating, financing, or otherwise providing for
the interconnection of Cable Systems beyond the boundaries of the County.
Customer Service Standards
County has determined that it is in thc best interest of its residents and consistent with thc public
convenience and necessity to adopt Customer Service Standards for the provision of Cable
Services by the Grantee. The Grantee shall operate its Cable System in a manner consistent with
the County's Consumer Protection Provisions. Collier County Code, Chapter 30 § 55, to the
extent that such provisions are not inconsistent with those of the FCC.
Section
5.1
5.2
5. Compensation, Auditing and Other Payments
Grantee shall pay the County throughout the term of this Franchise, as compensation, an
annual Franchise Fee of fi,,e percent (5%) of the Grantee's Gross Revenues, except that
during the first three (3) months of the term.~ of this Agreement, Grantee shall pay a
Franchise Fee of three percent (3%) of Gross Revenues derived from the lmmokalee
System.
All such payments of Franchise Fees shall be payable quarterly within sixty (60)
days after the end of the calendar quarter for which the payment is made.
Franchise Fee payments shall be accompanied by a report itemizing and setting forth the
revenues / receipts and sbowing the calculation of the payment due for the preceding
period.
The payment of the Franchise Fee by the Grantee is for the right to construct and operate
a Cable System and to provide Cable Service, as defined herein, within the County's
public rights-of-way and is in lieu of a fight of way use or encroachment fee.
The County, on an annual basis, shall be furnished a statement within ninety (90) days
of the close of the calendar year, certified by an official of the franchisee responsible
for the Cable System's financial statements, reflecting the total amounts of Gross
Revenues a~ defined herein, and all payments, and computations for the previous
calendar year. Upon ten (10) days prior written notice, the County shall have the right
to conduct an independent audit of Grantee's records as necessary to determine whether
9
5.5
5.6
5.7
the correct franchise fee has been paid If, after resolving any dispute arising from such
audit, Grantee has made a Franchise Fee underpayment of'three percent (3%) or more,
the Grantee shall assume all reasonable costs ofsuch audit. In other events, the County
shall bear all costs and fees, ass<~iated with any such audit.
All Grantee's books and records concerning its Gross Revenues and its cnlculation of
payments to the County, shall be available for inspection by an appropriate officer of
the County, or its designee, at reasonable times to determine thc amount of compensation
duc to the County from Grantee under this Franchise. Such records shall be kept so as
to accurately show the same. Grantee shall prepare and make available to the County at
times reasonably requested by the County and in the form agreed to by the County and
with the Grantee, such reports with respect to its Cable Sys~ern and thc Gross Revenues
derived therefrom, as the County may deem reasonably necessary or appropriate to
determine the amount of compensation due the Counly.
in the event Grantee makes an under payment or in the event Grantee fails to makc any
paymen{ on or before the date it is duc, Grantee shall pay interest at a rate of one percent
(1%) per month on any such under payment and/or late payment. Interest shah not
accnm, with respect to under payments, until such time that the Grantee is notified
about any alleged underpayment by the County.
Consistent with federal requirements, thc Grantee shall file no less frequently than
annually, a schedule of its rate and any amendments, or modifications affecting the sale
of its services and subscriber terminal equipment and shall provide written notification
to the County within thirty {30) days of any proposed changes. Upon request, the
Grantee shall also provide to the County copies of all filings, reports and petitions to
Local, State, or Federal regulatory agencies concerning Grantee's provision of Cable
Ser','ice in Collier County.
Section 6. Franchise - Not Exclusive
This Franchise shall be non exclusive. Thc County reserves the right to grant franchises to other
persons at an)' time or construct, operate and repair a Cable System itselfor to contract with any
other person for the use of the County streets or property for the operation of other cable systems.
In the event any of the material terms and conditions of any franchise or other right to use the
rights-of-way in all or any part of the Franchise Area granted by the County to any other party is
(are) more favorable (by inclusion, exclusion or altering of such material provision (s)) to such
other party than the corresponding terms and conditions of this Franchise, then this Franchise
shall be amended to include such more favorable terms and conditions.
l0
120 I
Section
7.1
7.2
Section
8.1
8.2
8.3
8.4
Section
9.1
9.2
7. No.-Waiver
Thc failure of thc County or the Grantee upon one or more occasions, to exercise a right
or to require compliance or performance under this Franchise or any other applicable
law shall not be deemed to constitute a waiver of~uch fight or a waiver of compliance
or performance, unless such right has been specifically waived in writing.
Waiver of a breach of this Franchise or any sec'lion of Chapter 30 of the Collier
County Code shall not be a waiver of any other breach. Neither the grant of this
Franchise nor any provision herein shall constitute a waiver or bar to the exercise
of any governmental right or power of the County.
8. Regulation
The County Commission shall in thc exercise of its generally applicable police power
and authority reasonably regulate thc exercise of the privileges permitted by this
Franchise in thc public interest, provided such regulations are not inconsistent with
terms of this Agreement. Any failure by thc County to promptly enforce compliance
with this Franchise in accordance with Federal, State and Local laws and Ordinances
shall not relieve Grantee of its obligation to comply with any provision of this
Franchise.
Thc Grantee's fights, without limitation upon the County's regulatory authority,
pursuant to thc Communications Act of 1934, as amended or any other subsequent
Federal or State Law. shall not be abrogated or otherwise limited.
Following reasonable notice, the County reserves the right to inspect the installation
and maintenance of the Cable System.
The Grantee shall comply with ali Federal, State and generally, applicable police power
and local rcgulations applicable to its Cable System, such as the traffic safety / lane
closure rules and construction requirements promulgated by thc County.
9. Cable System Design and Construction
Grantee shall upgrade its current systems, so that on or before December 3 I, 2000,
the Grantee shall operate a hybrid fiber coax 750 MHz cable television system in areas
where the Grantee's system presently has a capacity of 550 MHz and shall operate a
550 MHz cable television system in the areas where Grantee's system presently has a
capacity of less than 550 MHz. The Grantee is permitted to modify its design and
implementation plans, to accommodate technological innovations and refinements
which enhance system reliability and capacity.
The cable television network shall satisfy all FCC standards for Cable Systems.
I1
Section 10. Continuing Test
10.1
The Ca~nt~ shall perform all tests required to demonstrate compliance with the
requirements 47 CFR 76 subpart IC All tests shall be conducted in accordance with the
FCC's roles.
10.2 Construction maps, shall be provided to the County no less than ten (10) days prior to
the commencement date of any consmsction. "As built" maps shall be provided no
more than thirty (30) days following the conclusion of construction for each grid. Such
maps should desigtute the location of Grantee's facilities in a mutually acceptable form.
Section 11. Iusflmtiousl Networks
11.1
The Grantor and the Grantee recognize that a closed loop fiber optic Institutional
Network CI-Net") allowing for governmental, non-commercial communications by and
between thc Grantor owned or leased fac/lities may be desirable. When Grantee begins
its rebuild process in the County ( as described in Section 9), v~tten notification of this
rebuild process will be provided to the Grantor. The Grantor will have ninety (90) days
fi.om the date of'the rebuild notification to confirm Grantor's interest to use
capacity on Grantee's system as an l-Net. The Grantor and Grantee recognize that the
ninety (90) day period of time is a firm window ofopportunity for Grantor to pursue an
Institutional Network and must provide all neceasaty documentation to Grantee required
by Grantee to proceed with the project. Should the Grantor, at its sole discretion, elect to
use capacity or Grantee's s3~tems as an l-Net, Grantor will pay Grantee a fee for such use
as mutually agreed in an amount not to exceed the amount permissible by the Federal
Communications Commission (FCC), should the FCC at such time regulate such fees,
Grantor will be respomfible for mapping designing and technical specifications as well as
material spec/fications of said Institutional Network needs. The construction and
maintenance specifications oftha Institutional Network will be negotiated in good faith
between the Grantee ami Grantor upon notification from the Grantor that it plans to
proceed v4th the project and has developed plans for utilization of the Institutional
Network.
11.2
Grantee agrees to work in a cooperative fashion with Grantor and its agents with respect
to the design and selection ofcomponcnts necessary to implement its applications
relative to the Institutional Ng~work and, if Grantor requests, Grantee shall furnish
terminal equipment at Grm~ee's cost, provided that the Grantee is reimbursed by thc
Grantor for said expenses.
11.3
The parties acknowledge that the agreement regarding usage of the Institutional
Network is subject to all Local, State, and Federal law. To the extent permitted by
law, the Grantor or public agency agrees to indenmify and hold harmless the Grantee
from and against any and all claims, damages, liabilities, costs and expenses, including
reasonable attorney's fees and costs directly related to the material under the Grantor's
12
11.4
Section
12.1
12.2
1..2g I
or public agency user's exclusive control carried on the Institutional Network, including
but not limited to, copyright infringement, libel, slander, defamation, patent trademark
or invasion of privacy elaine.
All rights, title and interest in all the I-Net Facilities and ali other equipment and
materials provided by Grantee hereunder shall at ali times remain exclusively with
Grantee. Ail rights, title and interest in all associated facilities and equipment provided
by the County shall remain exclusively with the County.
The l-Net Network shall be for the use of the County as set forth herein and no portion
thereof shall be used by any other person at any time, whether for payment or not. The
l-Net shall be used only for non-commercial educational and governmental purposes.
The l-Net shall not be used to transmit or receive any communication (in whatever form,
whether video, audio, data, voice or otherwise) destined to or originating from any other
network, including without limitation the facilities of any local or long-distance
telephone company unless agreed to by Grantee and the Grantor.
12 Public Education and Government Access Provisions
Throughout the term of this Franchise, the Grantee shall set aside one (!) channel of its
transmission capacity as an EG access channel on the residential di~ribufion system.
On or before September 30, 1999, Grantee shall set aside a second EG access channel.
12.1.1
The Grantee agrees to pay thc County within thirty (30) days of the effective
date of this Agreement $50,000 dollars for the purchase of television
production equipment for EG access. The County agrees to provide
necessary personnel at its expense to produce programming through the use
of such facilities.
12.1.2
EG access signal tramportation on the Grantee's Cable System or
intcreonnection facilities shall be provided without charge to thc Grantor
from the point of origination to be agreed upon by Grantor and Grantee
upstream to the Grantee's interconnecting hub site for downstream
distribution on the Collier County Cable System to subscribers. Grantor shall
be responsible for delivery of EG programming to the headend of the
hnmokalee System.
12.1.3 If at anytime an activated EG access channel is not utilized for EG purposes,
the Grantee shall have the right to use the time.
Requirements Regarding Rules and Procedures for Use of EG Access Channels.
13
120 1
12.2.1 The Grantor shall be responsible for establishing and enforcing rules for usc
of the EG access channels.
12.2.2
The Gramee may not exercise any editorial c, omrol over the content of
programming on the designated F_~ access channels as so provided under
Federal Law.
12.3
Whether any cost to the Grantee associated with providing access services,
facilities, and equipment under this Franchise, including without limitation, the
amounts set forth herein are or are not pan of the Franchise fee, shall be
determined in accordance with the provisions of 47 USC, § 542. The parties
recognize that capital costs incurred by Grantee under this Franchise for
educational and governmental access facilities are not franchise fees under the
provisions of 47 USC, § 542.
Section 13. Assignment
This Franchise may be assigned or a transfer of control effectuated only with the prior consent of
the County, which shall not be unreasonably withheld or delayed, and in accordance with the
roles of the FCC and the Communications Act of 1934, as amended. However, in the event ora
transfer of the Franchise to an affiliate of Grantee, no consent shall be required but notice thereof
shall be given to the County. There shall be established a rebuttable presumption of a transfer of
control upon the acquisition by a non-controlling ~ of a thirty percent (30%) ownership
interest in Grantee. ~'
Section 14. Remedie~
14.1
In addition to any other fights set out elsewhere in this Franchise, and subject to the
provisions herein, the County reserves the right to declare a forfeiture of this Franchise,
and all of the Grantee's rights arising hereunder, in the event that:
The Grantee is found to have violated any material provision of this Franchise; or
Thc Grantee is found by a court of competent jurisdiction to have willfully practiced any
fraud or deceit upon the County.
14.2
Because thc Grantee's failure to comply with provisions of this Franchise will result in
injury to the County, and because it will be difficult to estimate the extent of such injury,
the County and the Grantee hereby agree to the liquidated damages in accordance with
the amounts prescribed by the current Collier County Code, Chapter 30 § 51.
14.3
The County shall give Grantee thirty (30) days written notice of its intent to exercise its
fights under this Section, stating the reasons for such action. If Grantee cures the
problem within the thirty (30) days notice period, or if the Grantee initiates substantial
14
120 1
effort, to remedy the stated problem, and the efforts continue in good faith, thc County
shall not have the right to declare a forfeiture of the Franchise or impose liquidated
damages. If Grantee fairs to cure the stated violation within the thirty (30) days notice
period, or if the Grantee does not undertake efforts satisfactory to the County, to
remedy the stated violation, then the County, upon reasonable notice, may impose any or
all of the remedies available herein only after a public hearing upon thirty days notice at
which Grantee shall have a right to be heard.
Section i 5. Expiration and Renewal
Renewal or,his Franchise shall be governed by applicable State and Federal Law.
Section 16. Confidential Information
Grantee may identify documents, books, records or other information, which Grantee provides to
or makes available for impection by the County under this Franchise as confidential. Grantee
shall prominently mark any such information for which it claims confidentiality with the word
"Confidential" in letters at leas1 one-half (1/2} inch in height, prior to submission or inspection
by the County. The County shall make a good faith effon to protect such confidential
information subject to thc County's obligations under Local, State and Federal disclosure laws.
Should the County receive a request to review Grantee's document records, books or other
information identified as confidential under the Florida Public Records Law, it will promptly
notify Grantee and provide an oppommity for Grantee to raise an objection, demonstrate why the
requested information is confident/al ami, if necessary, seek a court order lo protect its
confidential information.
Section 17. Forum for Litigation
Any litigation between thc County and Grantee arising under or regarding this Franchise shall
occur, if in the state courts, in the Collier County Court having jurisdiction thereof, or if in the
federal courts, in the United States District Court for the Southern District of Florida.
Section 18. Notice
Any notice provided for under this Franchise shall he sufficient if in writing and delivered
personally to thc following addressee or depoaited in thc United States Mail, postage prepaid,
certified mail. return receipt requested, addressed as follows, or to such other address as the
receiving party hereafter shall specify in writing:
If to the County:
County Administrator
Collier County
3301 Tamiarni Trail East
Naples, FL. 34112
15
12C
1
With a copy to:
Franchise Adminimmor
Collier County
3301 Tamiami Trail East
Naples, FL 34112
l£to the Grantee:
Sym Manager
Collier County
1610 40~ Terrace S.W.
Naples, FL. 34116
With a copy to:
Legal Department
Time Warner Cable
290 Hzxbor Drive
Stamford, CT. 06902
Section 19. Severability
If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any
reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be de~m~ a separate, distinct,
and independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
Section 20. Non-Discrtmiaatioa
The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color,
creed, national origin, or religion.
Section 21. Non-Dive~fltnre
This Franchise shall not divest the County of any right or imerest in the public rights-of-way.
Section 22. Letter of Credit
22.1
Within sixty (60) days following the award of the Franchise, the Grantee shall deposit
with the County a letter of credit from a financial institution, approved by the County's
Finance Director, in the amount often-thousand dollars ($10,000). The form and content
of the letter shall be approved by the coUnty Attorney. The letter oferedit shall be used to
insure thc faithful performance of thc Grantee of all provisions of the Franchise and
compliance with all orders, permits and directions of any agency, commission, board,
department, division, or office of thc county exercising jurisdiction over the Grantee's
acts or defaults, and payment by the Grantee of any penalties, claims, liens, liquidated
damages, or fees due the county.
16
22.2
22.3
22.4
If the Grantee fails to pay to the County any compensation not in dispute and due the
County within the time fixed herein; or fails, after ten (I 0) days notice to pay to the
County any penalties, claims, liens, liquidated damages, or fees due the County, such
failure by the Grantee can be remedied by demand on the letter of credit. The County
may immediately request payment of the amount due from the letter of credit. Upon such
request for payment, the County shall notify the Grantee of the amount and date thereof.
The letter of credit shall be maintained at ten thousand (Sl0,O00) during the entire term of
the Franchise unless modified in accordance with the procedures provided for in this
Agreement. In the event that amounts are withdrawn pursuant to this Section, the
Grantee, shall take any required action to restore the letter ofcredit said total amount of
ten-thousand dollars (S 10,000) within ten (I 0) business days o f noti ficafion by the
County of its withdrawal against the letter of credit unless Grantee commences a legal
action challenging the basis of the withdrawal.
Thc rights reserved to the County with respect to the letter ofcredit are in addition to all
other rights of the County, whether reserved by the Franchise, or authorized by law, and
no action, proceeding or exercise ora right with respect to such a letter shall affect any
other right the County may have.
22.5 Thc Ictter ofcredit shall contain the following endorsement:
22.6
22.7
~It i~ hereby undemtood and agreed that this letter of credit
shah not be canceled by the surety nor the retention not to
renew be stated until thirty (JO) day~ after receipt by the
Coun.tv, by registered mail, ora written notice of such an
intention to cancel or not to renew."
The Grantee shall renew the letter ofcredit not less than thirty (30) days
prior to its expiration and provide a copy of the renewal to the County.
Failure to comply with this provision shall entitle the County to draw
down the letter of credit in its entirety.
The other provisions of this Section notwithstanding, in lieu of a letter of
credit, Grantee may elect to provide to the County evidence which
reasonably establishes the Grantee's financial ability to meet the terms
of this Franchise
Section 23. Remedies - Cumulative
All remedies provided under this franchise agreement or Chapter 30 of the Collier County Code
shall be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another, nor shall it relieve the Grantee of its obligations to comply with the
17
12C I
Franchise. Remedies may be used singly or in combination; in addition, the County may exercise
any fights it has under applicable law.
Section 24. Books and Re~ords- inspection
The County may inspect the books, records, maps, plans, and other documents, including
financial documents, in thc control or possession of thc Grantee (or ofany affiliate, to the extent
the affiliate is acting as an operator of the Grantee's Cable System) to the extent such inspection
is required: ( ! ) to enforce the County's rights or assess compliance with the Franchise and
applicable law; (2) in the exercise of any lawful regulatory power. The material may be
duplicated at a County facility unless the County agrees to inspection and copying at some other
place. Material that the County requires Grantee to produce under this Section shall be
produced upon reasonable notice, no later than thirty (30) days after the request for production.
Requests for extensions of time to respond shall not be unreasonably denied.
Grantee may request that thc County treat records containing trade secrets or proprietary
information as confidential under the Florida Public Records law. To the extent authorized by the
Public Records law and other applicable State and Federal law, the County shall maintain the
confidentiality of information designated "proprietary" by the Grantee. Should the County
receive a request to review Gramee's records or books under the Florida Public Records Law, it
will promptly notify Grantee and provide an opportunity for Grantee to raise an objection,
demonstrate why the requested information is proprietary and, if necessary, seek a court order to
protect its proprietary information.
Section 25. Books and Records - Reports and Responses to Questions
25.1 Grantee shall provide the following reports to Grantor:
25. I. 1 A quarterly Franchise Fee report listing Gross Revenues received.
25.1.2
Within ninety (90) days after the close of the Grantee's fiscal year, the Grantee
shall submit a written annual report including a financial statement, including a
statement of Gross Revenues which shall be certified by an official of Grantee.
25.1.3
25.1.4
Grantee shall file with the County any notice of deficiency, forfeiture, or other
document issued by any State or Federal agency which has instituted any
investigation or civil or criminal proceeding naming the Cable System, the
Grantee, or any operator of the Cable System, to the extent the same may affect or
bear on the operations ofthe Grantee's Cable System.
The Grantee shall file with the County any request for protection under
Bankruptcy laws, or any judgment related to a declaration of bankruptcy by the
Grantee, any affiliate which controls or manages the Grantee, or any operator of
the Cable System.
18
120"1 J
Section 26. Books and P.a~m'ds - M~intenanee
26.1 In addition to reports required by this Franchise, the Gramee shall maintain records of the
following:
261.1 FCC proofofperfonnan~, and
26.1.2 Monthly records d,,-monst~ing compliance with applicable Customer Service
Standards.
Section 27. Inspection of Plant
The County may inspect the C.n'ant~s Cable System during consuuclion, and anytime thermfier
upon reasonable notice to lite Grantee. If, based on sutncriher complaints or its own
investigation, the County believes that the Cable System may not be operating in compliance
with the Franchise Agreemem or applicable Federal ales, it may require Grantee to perform
tests, prepare a report and pn:sem to the County the results of those tests. The Grantee shall
repotn each deficiency and take prompt action to remedy it. Ifa test shows no deficiency,
Grantor shall reimburse Grantee for the cosl of the tests.
Section 28. Insurance
28.1
Within thirty (30) days after the effective date of the Franchise, Grantee shall provide
proofofthe required insurance. The Grantee shall maintain this insurance throughout the
franchise term. Insurance shall he in amounts not less than those provided by
Chapter 30 § 36 of the Collier County Code.
28.2
The insm"ance coverage obtained by this franchise in compliance within this Section shall
be approved by the County's Risk Managemem Office, and copies of such insurance
policies (or ce~ficate of insm-ance) shall be filed with the County.
Section 29. Emergency Alert
The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's roles.
19
120 I
Section 30. Service to Public Buildings
Grantee shall, upon request, provide service to public buildings located within one hundred fifty
feet (150') of Grantee's existing distribution ~fstem; provided, however, that if adequate
underground conduit is provided by the requesting public agency, Grantee shall, upon request,
provide service to public buildings within two hundred fifty feet (250') of C-rantce's distribution
system. Ail charges for installation and provision of Cable Services to such public buildings
shall be at Grantee's current rate. Neither the County nor any other perr~n may resell such
services.
Section 31. Four Year Review: Performance Monitoring
31 .!
During the yeats which commence on the fourth anniversary or any multiple thereafter, of
the effective date of the Franchise, the County may commence a review of Grantee's
performance under the Franchise. Aa part of this review, the Grantor may consider:
a) whether the Grantee has complied with its obligations under the Franchise and
applicable law;
b) whether customer service standards, technical standards, or bond or security fund
requirements arc adequate or excessive; and,
c) other issues as may be raised by the Grantee, the Grantor, or the public.
31.2
The County shall conduct public he~'Jngs to provide the Grantee and the public the
opportunity to comment on the Grantee's performance and other issues considered as part
of thc four-year review.
31.3
Any revisions to thc Franchise Agreement which either the County or thc Gmtee wishes
to make as a result of these reviews shall be proposed under the procedures established
herein.
31.4 Periodic Evaluation, Review and Modification
31.4.1
In addition the County may, upon thirty (30) days notice, request evaluation and
review sessions at any time during the term of this Agreement and Grantee shall
cooperate in such review and evaluation; provided, however, there shall not be
more than one (1) evaluation and review session during any four year period.
a)
Topics which may be discussed at any evaluation and review session include,
but are not limited to, rates, channel capacity, the System performance, EG
access, municipal uses of cable, Subscriber complaints, judicial rulings, FCC
rulings and any other topics the County or Grantee may deem relevant.
2O
120 1
b)
During an evaluation and review session, Grantee shall cooperate fully with
the County and shall provide without cost such reasonablc information and
documents as the County may request to perform the evaluation and revicw.
c)
I fat any time during the evaluation and review the Grantor reasonably
believes them is evidence of inadequate technical performance of thc Cablc
System, the County may require Grantee to provide a copy ortho most recent
proof of performance te~t at Grantee's expense. In making such request, the
County shall describe and identify as specifically as possible the nature of the
problem. Grantee shall cooperate fully with the County in providing such
tests and shall report to the County results of the test.
d)
As a result of an evaluation and review session, thc Grantor or Grantee may
determine that a change to the System or in terms of the Franchise may be
appropriate. In that event, either the County or Grantee may propose
modifications to the System or the Franchise. Grantee and thc County shall, in
good faith, review and negotiate the terms of the proposed change or any
proposed amendment to this Franchise.
Section 32. Conflict with Collier County Code
The provisions of the Regulatory Ordinance, Chapter 30 of the Collier County Code, are hereby
incorporated herein by reference as if set out in full, and form part of the terms and conditions of
this Agreement. In the event of any conflict between the terms and conditions of this Franchise
and the provisions of the Regulatory Ordinance, the terms of this Franchise shall prevail, except
where conflict arises from lawful exercise of the County's police power.
Section 33. Reservation of Rights
Grantor and Grantee reserve all rights that they may possess under the law unless expressly
waived herein.
Section 34. Acceptance of Franchise
Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with
the Grantor its payment, if applicable, relating to Section ! 2.1.1 required herein, together with
a certificate of insurance required herein. The Grantee shall state that it agrees to be bound by
and to comply with all requirements pursuant to the provisions of this Franchise. Such
acceptance and agreement shall be acknowledged by the Grantee before a notary public, and
shall as to form and content be approved by the County Attorney.
21
12C 1:
Section 35. For~e Majeure
The time within which Grar~e shall be required to I~xform any act trader the Franchise shall be
extended by a period of time equal to the number of days performance is delayed due to a force
majeure. Grantee shall not be subject to any penalty hereunder because of acts or failure to ac~
due to "force majeure." The term "force majeure" shall mean delays due to acts of God, war,
civil disturbances, fir~ unavoidable casualty, construction delays due to weather, failure of
supplier(s), or for other causes beyond the control of Grantee.
Section 36. Effeettve Date
This Franchise Agreement shall take effect immediately upon adoption. Passed and adopted on
this second day of.September, 1997,
IN W1TNESS WHEREOF, the undersigned have caused this Agreement to be executed.
ATTEST:
Dwight E. Brock
12g 1'
ACKNOWLEDGEMENT:
Florida Cable~tision Management Coslxn'afion, ]~-reby agr~ to be bound by and to comply with
all requirements pumaam to th~ provisiom of this Franchise Agr~menl.
Atlan~ Natiohal Division
^TrEST
State of Florida )
County of Collier )
Thc foregoing Franchise Agreement was acknowledged before me this second day of September,
1997, by ~ ' ' ' ~
Approved as to form and legal sufficiency:
Assistant County Attorney
23
2
'cms c~.s-m~os ASU ~~c,~ AO~ ~ SU~U~S~O~,
Bo
NOW. THEREFORE, in cons~ of th~ foregoing prtmix~ a~d mural coven,~nt~
~ s~t forth, Dt.v~iop~ and ~ Board do ht'tt~ ctrtnnnt and a~ree as follows:
Anocia~, P.A., a copy of which I. aRacln~d htn~ and ~ bt. rtin as
~ 'A' within 12 months from the daxt of approval stid stdxflvision plat,
as Exhibit 'B') and by refet~ge mad,: a lmm of in the amount of $196,717.~t0
wlfich ~ntx~ t~mv~nas 10% of th~ total cotam:t e~t to comple~ conmucfion
plus 100% of the esthnam eo~ of to comple~ th~ requht~ improvetnems at the
dam of tttis ~.
,.
Codt~.
1GA
The D~v~ ~ Di~ctor shall wi~in sixty (60) days of receipt of the
sm~'nt of subsm~ cotn~l~, eith~, a) notify ~ Developer in ~ of
conditio~ wbk~ the Dev~lol~-r mu~ ~fill ~ ~ to o~ ~ D~'s
~ A~.
2
~ rek~e ~e mnaintng 10~ of the mbdivi~ion performance security. The
IX. vc~'~ rupc~s~y for ~ of the ~ imp~ slul]
continue ~ or until the l~d ~ ~ ~i~ity for and bY
County.
Six (6) mon~s after the exeoaion of this A~r~mcnt and once within ~ six
(6) mont~ mermn~ the l:)c~k~ may re~s~ the Deve~
Dir~t~ to reduce the dollar amount of the subdivision pertonnatt'e security on
tl~ basis of woflt compS. Each rr. quest for fl~ reduction in the dollar an~unt
of the subdiv~ pe'fl'ornm~ security shall be ~ by m statement of
!~~ Setvic~ Director may gram the reqm~ for a m~uction in
amount of tl~ mMivision performance security for ~ tnqaxn~'n~nu complcted
a~ of the da~ of fl~ t~:qu~.
o
pummnt to public ~ and m:egn and m:cnnnance of bids, the
performance security, fl~all be liab~c to pay and to indemnify tl~ Board, upon
iadud~, but not Umited to en~neert~, lesal and conttngm c~, toget~ ~ith
$ilpz:d, maled ~d ~li~z~d
~-- DAVID C. WEIOEI.
cou~ Coun~
Florida Corpomk~
BOARD OF COUI, tTY COIViMISSIOIVlm5
16~ 2
ENGINEER'S C, OST ESTllqATE
INFRASTRUCTURE RELATED IHPROVE~ENTS
STERLING OAKS PHASE 3A
STERLING OAKS JOINT VENTURE
Q. Grady iqlnor sc Auocb~, p.~
Bonita Sprb~, IRofi~ 33923
(941) 94%1144
16A 2
Ao
EARTHWORK
A-1 Clearing - 2 ac. O SI,g00/ac
A-2 Silt Fenc~ - 0 l.f. O $3/!.f.
A-3 Off-sim Fill - 12,580 c.y. (fill from Itt~)
TOTAL FOR
DRAfNAGE IMPRO~
13-1 15' RCP - 162 i.f. {i} $25/1.f.
B-2 FDOT Type 'C' Catch Basin - 3 @ $850/ea.
TOTAL FOR "B"
SANITARY
C-1 8' Gravity S~wer - 1,034 1.f. O $18/1.f.
C-2 Sanity Man~le - 60 $1,400/ea.
C-3 Lot Service Later-als - 32 ~ $250/ea.
TOTAL FOR "C"
WATER DISTRIBUTION SYSTEM
D- I 8" Water Ma~n - 1,265 I.f. O $9/1. f.
D-2 8" Tee- I ~} $450/ea.
D-3 8' Bends - 12
D4 Fire Hydrants - 3 ~ $1,700
D-5 Water Service Sleeves - 420 l.f. ~ ~/1.f.
S3,600
S50,320
$18,612
~,400
~,000
~35,012
$11,385
$45O
$3,6OO
$5,100
$1,260
$21,795
(1)
ROADWAY CONSTRUCIION
16A
$9,441
$15,735
$3,671
$9,440
S4,720
$2,000
$3,500
~TREET LIGHTING AND LAND,~APE
F-1 Stn~ Ligh~ - 40 $2,000/ea.
TOTAL FOR ~
$13,000
GRAND TOTAL
(2)
STERLING O~ ~ 3 A
Review and Inspmtlon Fee Calculatlom
Plat
~25 + 6.509 acr~ x ~4/acre --
Su~
Rev~
0.42~5 x 122,027
1.27.1% x IZ2,027 --
$451.04
$518.62
$1,555.85
16A
I
Review
0.5% x 56,807 -
1.5% x 56,807 -
1 ac~ x $85/$43 ac~ after -
$852.11
$128.00
16B 2
RESOLUTION NO. 97- 340
A RESOLUTION PROHIBITING THE OPERATION OF TRUCKS AND
OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING
CAPACITY IN EXCESS OF FIVE(S) TONS FROM THROUGH
MOVEMENTS ON ANDREW DRIVE, CALDONIA AVENUe, AND
CALUSA AVENUE.
WHEREAS, Chapter 316, Florida Statutes, permi~ the Board of County Commissioner~ to
prohibit or regulate any class or kind of traffic found to be incompatible with the normal and safe
movement of traffic on roads and ~ under i~ judadiction; and
WH£KEAS, an engineering study by the Collier County Transportation Department ha~
indicated that excessive through traffic is not compatible with existing road conditions and road
usage a]ong Andrew Drive, Caldonia Avenue, and Calusa Avenue, and since the streets are w/thin a
fully developed, residential area and both the pavement width and the right-of-way w/dth are no!
conducive to truck traffic; accordingly the Collier County Transportation Department recommends
that such through truck traffic be prohibited.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
Commissioners does hereby prohibit the operation of tmck~ and other commercial vehicles having a
rated load-carrying capacity in excess of five(S) tons from through movements on Andrew Drive.
Caldonia Avenue, and Calusa Avenue, and does hereby direct the County Transportation
Department to er,ct signs giving notice thereof.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Collier
County Sheriff for proper enforccmaent of this prohibition under Collier County Ordinance No. 83-
35.
This Resolution adopted after motion, s*cond, and majority vote.
~ppmv~ ~ to fo~
legal
David C. Weigel
Colli~ County
BOARD OF COUN'~ COMMISSION
RC./tm/071897/Re~o Speed Limit. doc
RESOLUTION NO. 97- a4 ~
A RESOLUTION TO AUTHORIZE REDUCTIONS OF
SPEED LIMITS TO TWENTY FIVE MILES PER HOUR(25
MPH) ON COMMERCIAL DRIVE AND KIRKWOOD
AVENUE.
WHEREAS, Chapter 316, Florida Statutes, permits the Board of County
Commissioners to alter or e~ablish speed limits on roads under its jurisdiction; and
WHEREAS, Commercial Drive and Kirkwood Avenue fall under the jurisdiction of
the Board of County Commissioner;, and
WHEREAS, in m:cordance with Section 316, Florida Statutes, the Board of County
Commissioners may set speed zones altering such existing speeds when, after investigation
determines such a limit is reasonable; and
WHEREAS, Commercial Drive and Kirkw~ Avenue are contiguous with a
residential street network, which are constructed with land widths in anticipation of
accommodating only Iow traffic volumes with vehicles traveling at iow speeds; and
WHEREAS, an engineering study by Collier County Transportation Services
Department has determined that a speed limit of twenty five miles per hour(25 MPH) would be
appropriate for Commercial Drive and Kirkwood Avenue due to the proximity of contiguous
residential roadways of lesser than pr--,~ent County standards.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
Commissioners does hereby establish a twenty five miles per hour(25 MPH) speed limit on
Commercial Drive and Kirkwood Avenue, and does hereby direct the County Transportation
Services Department to erect sig~s giving notice thereof.
BE IT FURTHER RESOLVED, that copy of this Resolution be forwarded to the
Collier County Sheriff's Office for proper enfomement of this established speed limit for
Commercial Drive and Kirk'wood Avenue.
. .. ,.This resolution adopted after motion, second and majority vote favoring
· :xrtr t: Bo ,o oF COttOn, COMMISSIOSERS
. DWIGHT E. l~Ri ~ Clerk
Appfovg,dl i~lo,Tdrm and
legal suffi~i~h~y:
Assistant County Attorney
RC/tm/073197/Reso Speed Limit Corem .doc
RESOLUTION NO. 97-, 342
RESOLUTION TO ESTABLISH A 'NO PARKING' ZONE ALONG THE EASTERN
RIGHT-OF-WAY OF CR 901 (VANDERBILT DR) BETWEEN THE NORTHERN
END OF BRIDGE i 030176 OVER BIG HORSE PASS AND A POINT
APPROXIMATELY 530' NORTH OF CR 888 (WIGGINS PASS RD.).
WHEREAS, on May 20, 1980, the Collier County Board of County Commissioners adopted
Collier County Ordinance NO. 8(~47 regulating parking In the unlncorl~orated areas of Collier
County; and
WHEREAS, Section Four, Paragraph TWo of Said Ordinance authorizes the Board of
County Commissioners to adopt resolutions designating certain areas along County roads as
areas In which parking, standing or stopping are restricted or prohibited, and upon adoption
of said resolutions by the Board of County Commissioner, such roads shall be posted with
signs specifying the restrictions or Prohibitions of I~arklng, standing, or stopping; and
WHEREAS, an Investigation by Collier County Translgortatlon Services Department, has
determined to be In the Interest of the County to establish a 'NO Parking' zone along the
eastern road right-of-way of CR 901 (Vanderbllt Dr) between Bridge No. 030176 and a point
530' north of CR 888 (VVigglns Pass Rd).
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER
COUNTY, FLORIDA THAT the following County road right.f-way be designated as a 'NO Parking*
zone and that said road be Posted as necessary with signs specifying that parking Is
prohibited at any time:
A "NO PARKING" zone Is to extend within the Platted eastern right.)f-way of CR
901 (Vanderbilt Dr.) between the northern end of 8ridge No. 030176 over Big
Horse Pass and a Point 530 feet north of CR 888 (Wiggins Pass Rd.).
Thls,'R~(~iL(tlon adopted after motion, and majority vote.
second,
DATED.-'< ~ ~ / ~7
DWm~ E;:~I~O~K.~'~'I~ iK~'~' BOARD OP~U~ ~MMImlONE.S
Approved as to form and legal sufficlencv:
COLLIER COUNTY ATTORNEY~' I
2222260 OR: 2343 PG: 3141
I]/04/~7 It Il:till MI~rt L ~, ~
~IIf
THIS QUITCLAIM DEED made thiso~.~5, day of~z'., 19 .~7 , by the Board
of County Commissioners of Collier County, Flodda, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, GRANTOR, and Acquiport/Amsdell II Umited
Partnership, whose mailing address is 6745 Engle Road, Middleburg Heights, Ohio, its
successors and assigns, GRANTEE.
WITNEBBETH:
That the GRANTOR, for and in consideration of Petition AV 97-O16 and the sum
of Ten Dollars and other valuable consideration to it in hand paid by the GRANTEE,
receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto
GRANTEE forever, all right, title, interest, claim and demand which the said GRANTOR
has in that certain portion of a utility easement interest (previously recorded in O.R.
Book 1640 at Page 1256 and O.R. Book 1675 at Page 515, Public Records of Collier
County, Florida) in, of, and about the following described lands being located In Collier
County, Florida, to-wit:
(See Exhibit 'A' attached hereto and
incorporated heroin by reference)
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in
!ts:_n~a~m,e, ,by the BOARD OF COUNTY COMMISSIONERS acting by the Chairman and
.~.~/~-;~.,.~ ~ ~ said Board, the day and y.ar afore, aid.
',? ;, .,*. "~T ,
~.. ::: :. ~ ~TTE .~..:[. '.! ',~,,~. :. ' BOARD OF COUNTY COMMISSIONERS
=~ · ' ~I;~G~ E~ ,I~.~,C~K, Clerk COLLIER COU .
,~. : . .~,,,~;..,,, ,,,, ~,.., ~ ~ NTY. FLORIDA
~ . -~ x?:,.:,~i },. ~ ~~~~~. ~_____~'
I~eo~md
Off=ia-. of' the County Attorflej~
330.'. E~:t T,,~ta~t Trill
h~,pleS, F1ortd~ ~4~
1941) 774-M00
OR: 2343 PG: 3142
1 6 B
P~LRC~L #20~.1
The East 10 feet of the following described parcel:
Commencing at the west 1/4 corrler of Section 36, Township 49
South, Range 25 East, Collier County, Florida; thence along
the west line of laid Section 36, N0e42,0S,W for 688.60 feet;
thence along the south line of the north 658.60 feet of the
south 1347.20 feet of the northwest 1/4 of laid Section 36,
N89021'02,E for 50.00 feet to the east righ~ of way line of
Airport Road (C-31} for the POINT OF BH~INNIN~ of the parcel
herein described; thence along said east right of way line
N00°42'05"W for 165.00 fee=; =hence along the north line of
the south 165.00 feet of the north 658.60 feet of the south
1347.20 feet of the northwest 1/4 of said Sect/on 36,
N89°21'02"E for 356.93 feet; thence along the west line of
the east 250.00 feet of =he wes= 1/2 of the west 1/2 of =he
northwest 1/4 of said Section 36, S00o32,58.E for 165.00
feet; thence along the south line of the north 658.60 feet of
=he south 1347.20 feet of the northwest 1/4 of laid Section
36. S89'21'02,w for 356.49 fee= to the point of beginning;
subject to easements and restrictions of record.
PARCEL #206
The west 10 feet of the following described parcel:
The east 250.00 feet of the south 16S.00 fee= of the north
658.00 fee~ of the south 1347.20 fee= of the west 1/2 of the
west 1/2 of the northwest 1/4 of Section 36, Township 49
South, Range 25 East, Collier County, Florida;
subject to easements and restr~c=ionl of record.
Legal description were provided by Client or Agent thereof.
_c~? 0 2 1~97
.f
!
16B
LIMITED USE LICENSE AGREEMENT
16D
LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA AND THE GOLDEN GATE AREA CHAMBER OF
COMMERCE, INCORPORATED, A NON-PROFIT FLORIDA CORPORATION,
APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF
AN ARTS AND CRAFTS SHOW.
This Limited Use License Agreement entered into this ,,?,~,c. day of~ _, 1997
by and between the Board of County Commissioners, Collier County, Florida, whose mailing
address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board",
and the Golden Gate Area Chamber of Commerce, Incorporated, a non-profit Florida
corporation, whose mailing address is 3847 Tollgate Boulevard, Naples, Florida 3,1114.
hereinafter referred to as "Chamber'.
WHEREAS, the Chamber requests the use of County-owned land for the purpose of holding
activities for Chamber, which are to held on October IS and 19, 1997, in which all proceeds will
benefit the Chamber.
WHEREAS, the Board is willing to approve the use of County-owned land for such I~arposes;
NOW, TF[EREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES
AGREE AS FOLLOWS:
I. The Board hereby approves the use of County-owned property identified as that portion
of Tract 115, Golden Gate Subdivision, Unit 4, as recorded in Plat Book $, Page 109, of the
Public Records of Collier County, Florida, which lies west of the Golden Gate Community Center
on Golden Gate Parkway and east ofthe Golden Gate Emergency Services Complex, as shown in
Exhibit "A" which is attached and made a part hereof, hereinafter referred to as "Property" for thc
purpose of holding activities for an arts and crafts show.
2. The approval of the use of the Property by the Chamber shall extend from October 17
through, and including, October 19, 1997. These dates reflects one (I) day for set-up.
3. The Chamber shall monitor, control and assume responsibility for all activities, vendors,
licensees, and invitees associated with holding of such an event, such responsibility not being
limited to trash collection and clean-up of the Property. Board shall not be obligated or required
to improve, repair, or maintain the Property or any part thereof in any manner whatsoever.
4. The Chamber shall acquire any and all permits required by Collier County and any other
governmental entity to conduct such an event and related activities on the Property. The Chamber
shall post a Four Hundred and No/100 Dollars ($400.00) cash bond with the Collier County Real
Property Management Department ten (10) days prior to the scheduled event to insure adequate
clean-up of the Property at the termination of this Limited Use License Agreement. It is
understood and agreed that this bond is not intended to replace Chamber's obligation to clean up
the Property at the completion of its activities under this Limited Use License Agreement. Upon
Chamber's written request, the Real Property Management Department shall return such bond
money to Chamber if said Property is cleaned up in a timely and proper manner as required herein.
$. Prior to making any changes, alterations, additions or improvements to the Property, the
Chamber will provide to Board, in writing, all proposals and plans for alterations, improvements,
changes or additions to the Property. The Chamber covenants and agrees in connection with any
maintenance, repair work, erection, construction, improvement, addition or alteration of any
authorized modifications, additions or improvements to the Property, to observe and comply with
16D
2
all present and future Jaws, ordinances, rules, regulations, and requirements of thc United Stales
or America,, State of Florida, County of Collier, and any and all governmental agencies. All
alterations, improvements, and additions to the Property shall, at once, when made or installed,
be deemed as attached to the freehold and to have become the property of Collier County and
shall remain for the benefit of thc County at the end of the term set forth in this -~greement in as
good order and condition as they were when installed, reasonable wear and tear excepted;
provided, however, if Board so directs, the Chamber shall promptly remove the additions.
improvements, alterations, fixtures and installations which were placed in, on, or upon thc
Property by the Chamber, and repair any damage caused to the Property by such removal.
6. The Chamber shall provide and maintain general liability insurance policy(ics), approved
by the Collier County Risk Manager, for not less than Five Hundred Thousand and No/Dollars
(S$00,000.00) combined single limits during the term of this Agreement. Such insurance
policy(les) shall list Collier County az an additional insured thereon. Evidence of such insurance
shall be provided to the Collier County Risk Manager, 3301 East Tamiami Trail, Administration
Building, Naples, Florida, 34112, for approval prior to October 3, 1997; and shall include a
provision requiring ten (10) days prior written notice to Collier County e/o County Risk Manager
in the event of cancellation.
7. This Limited Use License Agreement shall be adn~inistcred on behalf of thc Board by and
through the Collier County Real Property Management Department.
8. The Chamber agrees to hold harmless and defend Collier County, the Board of County
Commissioners of Collier County, Florida and their agents and employees, from any claims,
assertions or causes of action for any loss, injury or damage to persons or property arising from
or associated with thc Chamber's activities or use of the Property. The Chamber further agrees to
indemnify Collier County and the Board of County Commissioners of Collier County for any
costs, expenses or fees, including attorneys' fees, arising from any claims or causes of action for
loss, injury or damage to persons or property arising from or associated with the Chamber's
activities or use of the Property.
9. The Chamber covenants and agrees not to assign this Limited Use License Agreement or
to permit any other persons to occupy same without the written consent of Board.
I0. The Board reserves the right to cancel and/or reschedule any or all of thc above-described
activities, scheduled for any or all of the above-listed days, upon 15 days notice to the Chamber
of Board's intent to reschedule and/or cancel.
I I. Any notice to be given by either party to the other pursuant to the provisions of this
Agreement shall be in writing and shall be placed in an official depository of the United States
Post Office, Registered or Certified Mail, Return Receipt Requested, postage prepaid, addressed
to the party for whom it is intended to the address stated above or at an address either party may
have designated in writing.
12. The Board and Chamber specifically agree that this Agreement repnments a license for
the Chamber's use of the Property and does not convey any estate in the Property or create any
interest whatsoever.
13. The Chamber shall be responsible for paying all sales taxes, if applicable, and all other
taxes and charges associated with or resulting from the holding of this event.
14. The sale and/or consumption of alcoholic beverages shall be prohibited on the Property
during this event.
15. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
16D 2'
IN V~qTNESS WHEREOF, tho pm'tio~ hot, lo h~vo made and ~xeeuled thi~ Limited U~e
Licens~ Agreement a~ ofthe day and year first above written.
AS TO THE CHAMBER:
DATED:.~I'I
(print name'
THE GOLDEN GATE AREA CHAMBER OF
COMMERCE, INCORPORATED
BY:~ent
BOARD OF COUNTY COMMISSIONERS
COLLm~ cot~rrY, ~OP. mA
Approved as to £orm
and legal sufficiency:
Assistant County Attorney
160 2'
160
RESOLUTION No. ~7-343
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CANCELING CURRENT TAXES UPON LAND
ACQUIRED FOR PUBLIC USE.
WHEREAS, a 9.44 acre parcel of land situated in Section 9, Township 50
South, Range 26 East, Collier County, Florida, being more particularly described
as Exhibit "A' attached hereto and incorporated herein by reference; and was
conveyed to the County by Fee Simple Deeds specifically for an Animal Control
Facility; and
WHEREAS, two (2) Fee Simple Deeds for the Animal Control Facility
were recorded in O.R. Book 233...~8, Page 9,~..._.~1, and O.R. Book 233.___8, Page
el seq, of the Public Records of Collier County, Flodda; and
WHEREAS, the property will be utilized for the general public as an
Animal Control Facility; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Resolution No. 93-499 on November 2, 1993, establishing a
policy to cancel current taxes upon land acquired by Collier County or the Collier
County Water-Sewer District under certain circumstances for public use; and
WHEREAS, Sections 196.28 and 196.29, Florida Statutes, provides that
the Board of County Commissioners of each County of the State of Florida is
given full power and authority to cancel and discharge liens for taxes, delinquent
or current, upon land held or owned by said County for public use by the
governmental unit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the current
outstanding taxes on the property located as a part of Section 9, Township 50
South, Range 26 East, Collier County, Florida, being more particularly described
as Exhibit "A" attached hereto and incorporated herein by reference, are
canceled as of January 1, 1997.
16D 3t
This Resolution adopted after motion, second and majority vote.
~i~,~EST: ':,:.~.~'.; ~
~,~YVi~'H'K E~.BR,(~ K, CLERK
;~'i;~;~" ': ~;'~.'Z~'~''~''~ ~ /
~ ay:~~
,....., ~'~;;~
~prov~ as to fo~ and
I~al s~cie~:
BOARD OF COUNTY COMMISSIONERS
co~o~., ~,~ .
TB/IO THYyI'ba[N C O'C~(, Chairman
EXHIBIT "A"
Page 1 of 6
2214951 OR: 2338 PG: 0941
IlCOItDID itt OFHCIAL RICOItl~S of COLLIH CO~*T. fl,
RIC HI IS.OO
DOC-, 70 , ~0
Iletlt:
,z,,,,, ! 6
FEE SIMPLE DEED
THIS INDENTURE made thc ,~0~y of' June. 1997. by.
Luannc B. Henderson. hcrcina~er called thc Oranlor. to Collier
County. a political subdivision of'the State of Florida, whose
post office address is 3.101 E. Tamiami Trail, Naples, Florida
34112. hereinafter called thc Grantee (wherever used herein the
terms "Grantor" and "Grantee" include all the parties !o this
instrument and lhc heirs, legal represcnlalives and assigns of
individuals, and thc successors and as,qigns ofcorporalions).
WITNESSETH: That thc Grantor. for and in consideration of
the sum of $ I 0.00 and other valuable considerations, reeeipl whereof is hereby ackno~vledgod, hctdo'
grants, bargains, sells, aliens, remiscs, releases and transfers unto thc Gmnlc~. all that ccrlain land siluate
in Collier County. F]ofid,.~. viz:
See attached Exhibil "A"
Grantor wan'ants that thc subject properly is not her homestead and is vacant unimproved property.
TOGETHER with all thc lcncmenls, hcreditamcnts and appurlcnanccs Ihercto belonging or in anywise
appeHaining. ·
TO HAVE AND TO HOLD. thc sarac in fee simple. ~]bjcct to the following conditions
subsequent:
1. Construction of aniraal control facilities on the above.descrihed preraises must
coramence within two years and six months frora the date of Ibis de<d. IfconstnKlion
of' such facilities is not commenced within such period of time, thc grantor retains Ihc
righ! to rt..enter the preraises and lcrmina!c the fcc simple ownership oflhe grantee.
2. Thc construction of animal conlrol i%cililies on Ihe premises must he complctod ~thin
five years frora the date ol'lhis deed. Il'construction ol'lhe animal control facilities is
not completed within the at'on:said period or time. the ~r~ntor retains the right to
enter thc premises and terminate the fee simple ownership or the grantee.
3. Thc premises shall be used for animal control purposes after the facilities have been
constructed for a period ol'at least frye years after the date of the deed.
Signed, scaled and delivered in Ihe pn.'senoe of:
W/~0ncss Signattirc
Typed Name
S I
T~:x'cl Name
Luannc B. Hcndc~on
Richn~n, DMflk. And Lanier, PJ~ 2140 Golden Gate Parkway, Suite 20~, Naples, FL 33042
EXHIBIT "A"
Page 2 of 6
OR:
ST^~ OF ~-~ 1 6
I HEREBY CIZRTIFY th~t on this day b~fom me~.~er duly-q~lifl~l to t~e
WI~ESS my h~nd ~nd o~cizl ~1 in I~ C~nly nnd Sl~le ]a~ ~o~id this ~ ~y oF June
1997.
2338 PG: 0942
3~
(SEAL)
Typed Name:
My Commission Number is:
My Commission Expires:
This instrument prepared by:
SuTmnne D. Lanier. EScluirc
Florida Bar No. 393770
RICHMAN. DEIFIK. LANIER AND ROSS, P.A.
2640 Golden Gale Parkway. SuJle 206
Naple% FL 3410:$
Telephone: (94 I) 434-7700
ant Count j, ALLornej, --"
2
RIchman, DMflk, And Lanier, P.A,.. 2640 Oolc~ GMe Parkway, Sulle ~, ~ FL 33~42
L~(HI BIT 'A"
Page 3 of 6
*** OR: 2338 PG: 0943 *"
EXHIBIT "A"
16D }{
~'he Welt' ..Oae-]~&lf ({) of the. Nort~elt .....
' ~..~:.,_o,,,.,,,,~ o,.-o~,,.~ ,,, ..... ' ~'~,~'~"i~"j~ .........
a~rem, more or Iisi- ~---~ ~mn~ conm~l~l~ .of F{v. ~.,
aZW, ~ne e,.~J.~''t'~: ~rtlon deeded ~ --- 2~'
~u~er C~nt~,~or~m; , ~ ~he ~l/o ~Oordm o~
,ye~,..'1~ : =: °~n~, ~d =ea~. eotate ~el ~or. the ~ ~
Proper2y ~ '. ·
· ' Toge~er v~th ell ~e tln~entl, her~t~ent. ~d "
.aPP~ten~ce. ~erato bllonq~nv or ~ ~.e a~erta~n~,q. :"
6
EXHIBIT "A"
Page 4 of 6
FEE SIMPLE DEED
Tins INDEN'TtmE made the..~/~ of Ju.e. I~?, by
L~ B. He~n, ~mi~ ~1~ t~ Grantor, to Collier
Count, a ~lid~l ~i~sion of ~ S~te of RoilS,
~ offi~ a~ is 3301 E. Tamiami Trail, Naplm,
34112, hcmi~er ull~ ~ G~m (w~r u~ ~mln
tc~ "G~lo~ a~ "Gmntm" iml~e MI l~ ~1~ to this
i~mment and ~e helm, Ic~l mpr~ntali~ and a~i~
i~i~d~ls, and the ~m and ~t~s of
~SS~: ~t the G~tor, rot and in mn~d~tion
~. ~. ~11~ ~i~. m~ ml~ a~ ~n~em ~1o ~e Gmnl~ ~1 I~t ~in land sidle
Collier ~, ~o~
~ a~ E~bit "A"
G~tor ~ms that ~e ~b~ p~ is not her hom~d ~ is ~nt unimp~ pm~.
T~E~R ~ all ~ Icncmen~, ~ments and a~ne~n~ thio ~longing or in
a~ning.
TO HA~ A~ TO HOLD, ~e ~mc in f~ ~mple. ~bj~ ~o ~e ~ollo~ng ~ndilions
~uent:
2214952 OR: 2338 PG: 0944
08113111 at OI:IIAK D~I$11T I, BROCK. CLIRK
lie PSi IS.O0
DO¢-.70
Rets:
RIAL PROPERTY
,,,,R o,,,c, 1 6 D '
I. Construction of animal control facilities on the above-descn~ premises taus!
commence within two years and six months from the date of this deed. Ir construction
of such facilities is nol commenced within such period of time, thc ~ntor rctaifls thc
fight to m-enter the premises and tcrminale the Ice simple ownership of the grantee.
2. Thc construclion of animal control Facilities on thc promises must be completed within
five years from ~ dale of this creed. If construction ofthe animal control facilities is
not complcted within the aforesaid period of time. the ~amor retains the right to re-
enter the premises and terminate the fee simple mvnersltip oftbe 8~'antee.
.: 3. The promises shall be used for animal control purposes aftc~ thc facilities ha~ been
c~nstructed for a period ora! Imst frye years aflc~ the date of thc deed.
,.._~Si~ed. scaled and delivered in the presence of:
Typed Name
Luanne B. Hender.mn
RJchman. I~lflk, ,And lanier, P.A.. 2440 OoMefl OMC Pm*way, Suite 204, Naples, FL 33042
EXHIBIT #A#
Page S o£ 6
OR: 2338
STATE OF
COL;WrY OF
! HF. REBY CERTIFY that on fids day before me, m~ duly ~mlJSed to take ~cknowled.m-.t,
ns fdenlffJcatJon and who ~{hat she executed the same.
WITNESS my hand and o~cial seal Jn Ibe County and Sta~e last mrorcsaid Ibis ~ d~ of June,
1997.
(SEAL)
This ins~'~,n~ p.~p&*ed t~:
Sunnne D. Lanf~,
Florida Bat No. 393770
P, JCEMAN. DEtF1X. LANIER AND ROSS,
2640 Golden Gale ParJtwny, Sure 2o6
Naples, FL 34105
Telephone: (94 !) 434-7700
PG:
~f0 ~ I 9 ] St/ff'fcJcnr.},
ant Count~, kt~r-~e~-----
0945
2
Rk:hman, Defflk, And I. ar~r, P.A., ~4~ Golden Gate Pmle~m/. luge ~, ~ FL ~1~42
EXHIBIT "A"
Page 6 of 6
*** OR: 2338 PG: 0946 ***
160 3~
EXHIBIT "A"
Bast. J of tho ~thoant J of tho Nocthwent t o£ ~he
Nof2hwsat t of ~ion.9, Township 50 8outh, Range 26 Bant,
· ¢ol~er. Co~ety, ,lor~da, loss the eo~ 72' feet, cecorded in
~Vll~ or do~n~, ~d r~l' lita~ 2es for ~l
a~p~nn~es ~er~ ~l~gi~ or ~ ~ioe ap~rtaining. ~
SATISFACTIC~ OF CIVIL ~UDGMENT ~
16G 1'
KNOW ALL HEN BY THESE PRESENTS that the BOARD 0F COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is ~he owner and holder of a certain lien against:
M~X ZBIKOWSKI ·
1100 PINE RIDGE ROAD
NAPLES, FL 33940
CASE NU'b~ER: 90-6095-TMC/90-6094-TMC
bearing the date of 16TH day of JANUARY _ , 1992 recorded in the
office of the Clerk o--~---~he Circuit Court o~ col£ler Count'--"y, State of Florida,
securing the principal sum of
**** ONE THOUSAND FIVE HUNDRED NINETY~SEVEN & 50/100 ~*DOLLARS,
by Civil Judgment recorded in Official Record Book 1692 _, Page
2229
The Board of County Commissioners of Collier CounTy hereby acknowledges full
payment ~nd satisfaction of said Lien, hereby surrenders ~he same as cancelled,
and hereby directs ~he Clerk of said Circuit Court to cancel ~he Lien of
record.
IN WITNESS WHEREOF, the Board of County Co~missioners of Collier County,
Florida, hereby directs that ~his Satisfaction be executed in its name by its
Chairman.
.... . ;:,~j, ,.:, ~
gxecute~l. ~his ~da¥ of~, 19__~ ·
', -~.,.~ . ,~. BOARD OF COUNTY COMMISSIONERS
ATTEST: · ·
coLLr .ER..' cotn~'~,
C--~. ~he - CirCuit Court
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
Prepared By:
DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 33941-3044
CRIMINAL DIVISION
2222258 OR: 2343 PG: 3139
nconn ts Ol~CtlL ~ ef ceftin
DC m i.0O
'16G 1
SATISFACT~(~ OF Cl~rr. ~ ~
KNOW ALL MEN BY THESE PRESENTS chat. t.he BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
ARNOLD, WILLIAM MADISON
7054 FERN ST
N~/~LES, FL 33962
CASE ~ER: 96-883-MMA
bearing ~he dat.e of 10TH day of OCTOBER , 1996 recorded in ~he
office of t.he Clerk o~ ~he Circu~-~ Co--~ ~ Count.y, St.aCe of Florida,
securing t.he principal sum of
**** T';IR.EE HUNDRED EIGHTY & NO/iO0~ *DOLLARS,
by Civil Judgment recorded in 0fficial Record Book
1997
2240 ~, Page
The Board of County Commissioners of Collier CounTy hereby acknowledges full
payment &nd sat.isfaction of said Lien, hereby surrenders ~he same as cancelled,
and hereby direct.s t.he Clerk of said Circuit. Court. t.o cancel t.he Lien of
record.
IN WITNESS WHEREOF, ~he Board of CounTy Co~missioners of Collier Count.y,
Florida, hereby direct.s t.hat, t.his Sat.isfact.ion be execut.ed in it.s name by it.s
Chairman.
Execut.ed ~ht~'~day of ~__, 19 ~' .
ATTEST: /R.~ BOARD OF COUNTY COMMISSIONERS
T HANCOCK, CHAIRPERSON
Approved as to form and
legal sufficiency:
Assls~an~ County Attorney
Prepared By:
DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 33941-3044
CRIMINAL DMSION
2222257 OR: 2343 PG: 3138
~¢ m i,01
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is ~he owner end holder of a certain lien against:
ROBERT JAMES CATTANIO
5400 29TH PLACE SW
NAPLES, FL 33999
CASE NUMBER: 91-2060-TMC/91-2061-T~C
bearing the date of 18TH day of NOVEMBER , 1991 recorded in the
office of the Clerk of the Circul-~ Co--~~ Count------y, State of Florida,
securing the principal sum of
**** SIX HUNDRED TWENTY-SEVEN & 50/100 ~*DOLLARS,
by Civil Judgment recorded in Official Record Book 1681 , Page
0530
The Board of County Commissioners of Collier County hereby acknowledges full
Daymen~ ~na satisfaction of said Lien, hereby surrenders the same as cencelled,
end hereby directs the Clerk of said Cir~t Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Co~nissioners of Collier County,
Florida, hereby directs that this Sat£sfaction be executed in its name by its
Chairman.
ATTEST:'"' ' ' ~''
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Prepared By: I~WIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 33941-3044
CRIMINAL DMSION
tit 2222256 OR: 2343 PG: 3137
~ tu 0~lClIL IIC01DS o! C0LLIII C0IITT, FL
UC m i.II
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
JAMES DALE LOTT
7930 SANCTUARY ROAD
HAPLES, FL 33964
A~roved as to form and
legal sufficiency:
CASE NUMBER: 89-5601-TMC
bearing the date of 30TH day of SEPTEMBER , 1991 recorded in the
office of the Clerk o--~--~he Circu~ Collier County, State of Florida,
securing the principal sum of
**** TWENTY & NO/~ *DOLLARS,
by Civil Judgment recorded in Official Record Book 1663 , Page
1886
The Board of County Commissioners of Collier County hereby acknowledges full
Daymen~ ~nd satisfaction of said Lien, hereby surrenders the sane as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this satisfaction be executed in its name by its
thairman.
Executed this:~~da¥ of , 19_~__.
ATTEST,:' ..: .'." "~ .".4 BOARD OP COUNTY COMMISSIONERS
COLLIER. COUNTY,. 'FLO~DA COLLIER COUNTY, FLORIDA
Prepared By:
DWIGHT E. BROCK
CLERK OF T~E CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 33941-3044
CRIMINAL DIVISION
*** 222',
Il/ii/J! It, ll:lSil NlJlt I. IIOCl, CI,III
UC nl i.II
'16G 1
KNOW ALL M~N BY THESE PRESENTS that the BOARD OF COUNTY C0~4ISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
JAMES DALE LOTT
7930 SANCTUARY ROAD
NAPLES, FL 33964
CASE NUMBER: 90-3072-TM
bearing the date of 26TH day of NOVEMBER_ , 1991 recorded in the
office of the Clerk o--~-~he Circuit Court o~ col£xer Count---'-y, State of Florida,
securing the principal sum of
**** FOUR HUNDRED TWENTY & NO/lO0 ~ *DOLLARS,
by Civil Judgment recorded in Official Record Book 1666 , Page
1731
The Board of County Commissioners of Collier County hereby acknowledges full
payment ~nd satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairman.
Executed this ~day oE
ATTEST:
COi4~IER COUNTY, FLOR. IDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to fo~m and
legal sufficiency:
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 33941-3044
CRIMINAL DIVISION
BOARD OF Cou~rlT COI~IS$10N~ltS
HIS¢£LLAN~U$ CORRr~PONDi~C~
$1U~B~lt 2, I~?
~li~l~;ligi~lf.l~l: NEED MOTION ~ the Chairman to sign 8atisfa~on of
Lien for Services of the Public Defender for Case Nos.: 90-3072-TM, [9-5601.TMC, 91-
2060-TMC/91-2061-TMC, 96-8g3-MMA, 90-6095-TMC/90.6094-TMC.
A. Lely Community Development District - June 18, ! 997.
August 14, 1997
Collier County Marmger's Office
Collier County Governmental Center
3301 E. Tamiami Trail
Administrative Building, Second Floor
Naples, Florida 34112
16G 2
DAT[
ACTI¢,'h
I~0:
FILE:
ST~F FILl:
BY:
Attention: Mr. Robert Fernandez, County Manager
Subject: Lely Community Development District
Minutes of Meeting - June 18,1~7
Dear Mr. Fernandez:
Enclosed please find a copy of the signed Meeting Minutes from the Board
Meeting held on June 18, 1997 for your records.
If you should need copies of any material that correlates to these Minutes,
please let me lcr~)w and I will transmit them to you.
Sincerely,
LELY COMMUNITY DEVEIZ)PMIE~ DISTRICT
Katey S~lchan
Secretary
Assistant District Manager's Office
:ks
Enclosures
Misc. Corre~
Date:
Item#
From the desk of..
Katey Selchan
SecretarylAsalslant Dish'ict Managers Offlc~
10300 N.W. llth Manor
Coral Springs, Rodda 3,t071
Direct Dial No. (954) 753-5841, ext. 618
Direct Fax No. (954) 345-1~2
Copies To:
].6G
NAPLES, FLORIDA
JUNE 18,
LET IT BE KNOWN, that the Board of Supervisors of the Lely Community
Development Di.~xict tact on this da~ at 1:30 P.M., in the Ea~ N~ples
following mcmbers ~:
Mr. Fred,'lek C. ~ Chainmm
Mr. $oseph Ryan, Vic~ ~ (Absem)
Ms. M~l~ne Meade (Absent)
Mr. William J. Senkevich
Mr. Ted U. Biggs
ALSO PRESENT: Mr. James P. Ward, Assistant District Manager, Mr.
Mike Volpe, Attorney for the District and Mr. Jerry Ellis, Field Manager of
thc Lely Community Developm~t Dislrict
A__GENDA
1. Roll Call.
2. Approval of the Minutes of the May 21, 1997 Meeting.
3. Staff Repo~:
A) Manager's Report
B) Field Manager's Status Report
c) F. ngi~eer's Rc~o~
D) Attorney's Report
4. Supervisor's Requests and Audi~nc~ Comments.
$. Approval of Invoices.
6. Adjournment.
1067
LELY COMMUNrrY DEVELOPMENT DISTRICT
Chairma~ Gartz called the meeting to order at 1:30 P.M. and asked the
record show Ms. Meade and Mr. Ryaa absent, with all other members
present.
V 7 -
On Page 1060, in the third line of the first paragraph, the street name
"Thomason Drive" be amended to "Thomasson Drive".
Mr. Blggs mo~e~ ~econded by Mr. Senke~lch and ttppro~ed
ummimously tke Mlmtte~ of May 21, 1997, as ameaded.
Mr. Ward had nothing to report ~t this time.
Fii Mn ' R
Mr. Ellis had nothing to report at this time.
1068
LELY COMMUNITY DEVELOPMENT DISTRICT
JUNE 1~,
16G
2
Mr. Volpe had nothing to report at this time.
UPERVI ' RE T IE E E
There were no Supervisor's requests or comments by the audience.
PR VAL FINV I
There being no discusslun, Mr. Bigg, s moved, ~econded by Mr.
Senke~lt and approved unanimously, the Invoices and
Payment Requisitions wkick had been included in the Agenda
Package. (Copies are attached hereto and made an official
part of these Minutes.)
There being no further business to come before the Board at
this time, Mr. Senkevich moved, seconded by Mr. Biggs and
approved unanimously that the metting be adjourned Time:
1:37 P.M.
MIL FREDERICK C. GARTZ
CHAIILMAN
LELY COMMUNITY DEVELOPMENT DISTRICT
1069