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Agenda 06/17/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 17, 1997 9:00 A.M. NOTICE: ALL p£RSONS WISI:I[NG TO SPEAK ON ANY AGENDA rrEM ~ST ~G~R ~OR TO SPE~G. ~O~STS TO ~D~SS ~ SO~ ON S~~ ~C~ ~ NOT ON ~ AG~A ~ST BE S~B~D ~ ~G ~ E~A~ON TO ~ CO~ ~~~TOR AT LE~T 13 DAYS P~OR TO ~ DA~ OF ~E MEET~G ~ ~L SE ~ ~ER ~LIC pE~ONS". ~y PE~ON WHO DEC.ES TO OF ~E PROCEED~GS MERT~G THE ~S~IONY ~ND E~ENCE ~ON ~L ~G~TE~D MUBLIC pE~M~SION FOR ~D~ON~ ~E IS G~D BY ~ C~. ~SISTED LIS~N~G DE~CES FOR COUNTY COMMISSIONE~' OF~CE. LUNCM ~CESS SCHEDb~ED FOR 11:~ NOON TO 1:~ P.M. 2. 3. 4. EN-VOCATION PLEDGE OF ALLEGLMNCK APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. May 21, 1997 - Special meeting. B. May 27, 1997 - Regular meeting. PROCLAMATIONS AND SER'~qCE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS I lune 17. 1997 e C. PI~SENTATIONS 1) Prt~entation to the Board by Diane Fla~, celebrating the Sbowculng of EMS. APPROVAL OF CLERK'S RIiPORT A. ANALYSIS OF CHANGES TO RES£R~ FOR CONTING£NCIZS, 1) General Fund (001) FY 9~/97 2) Community Development Fund (113) FY Facilities Construction Fund (301) FY PUBLIC PETITIONS COUNTY ADMINISTRATOR'S RKPORT A. COMMUNITY DEVIiLOPM"KNT & ENVIRO~NT~ SERVICES 1) 3) This item is deleted. Collier Co~nty 2020 Transportation Needs A.uffsment Re-o. ttuatlon prTsentatlon by David Plummet & Auo~lates, Int.. Budget Amendment Request to establish the Metropolitan Plannlnl Organtzatlon (MPO) budget for Grant Year 1997.98, PUBLIC WORKS 1) To obtain Board approval of a required Budge~ Amendment neeessary to implement a project budget for the lmmokalee Bcautlficatiou Main Street Master Plan, on State Road 29. C. PUBLIC SERVICES D. SUPPORT SERVICES £. COUNTY MANAG£R 1) To establish public beartnl dates for adoption of the flscsl year 1997-98 Collier County Budget. COUNTY ATTORN£Y'S REPORT A) Resolution calling a referendum eleet|ou by mail ballot to be held on A, gust 29, 1997 within the territorlai boundaries of the proposed City of Marco bland ts described in House Bill 1729 to determine if the qualified electors residint within the territorial boundaries of the proposed CiR' of Marco bland approve House Bill 1'/29 creating a City of Marco bland and providing for its charXer. 2 June 17, 1997 10. 11. BOARI} OF COUNTY COMMISSIONgRS A. Appointment of ~m~r to the ~b~ Ad~ ~ ~ut~n ~n[ A~y Co~s ~ tn~n ta~~ ~P~ S~dy. C. Di~n~ ~ ~fl~ at V~e~'s ~ (C~r C~~ O~R CONS~ON~ O~CE~ PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. 14, 16. ADVgRT1SED PUBLIC I~ARINGS - BCC A. COMI~REHENSIV'K I~LAN AMXNDM£NTS B. ZON13IG AMENDMENTS C. OTHER l) Recommendation to the Board of County Commissioners to consider an application for a cable franchise mbmltted by Mar~o bland Cable, he. BOARD OF ZON'I~G APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS STAFF'S COMMUNICATIONS CONSENT AGENDA - All ma~ler~ II~ted under this Item are ~usldered to be routine and action will be taken by one motion without separate dlacuulon of each item. If dlseuuion Is desired by a member of the Board, that item(s) will be removed form the Consent A~nda and considered separately. COMMUNITY DEVELOPMENT & £NVIRONM£NTAL S£RVICgS 1) Recommendation to approve for recordinl the final plat of"Pellcan Marsh Unit Fifle~n". 3 June 17, 1997 2) Recommendation to approve For Ft~ording tho fins] plat of*?elkan MM'nh Unit Sirteen". PUBLIC WORKS 1) Award contract to coustru~ r~use Wstem upirmks to serve Ld~,qrood Subdivision, Bid No. 9%2669. 2) Award a Work Order for Profesdoaal tu~IneerlnE Services to Apoil, Barber & BrundaL~ be., for Sunnlland Mine EntFsnce Structure Replacement, Work Order No. KBII-IrI~7-I, ~ruJoct No. 31702. 3) To authorize t reduction In the CouWnct Retaiua~e for C.R. Improvement Project Bid No. 9S-2320 prior to final payment. 4) Award a Contract for the site development of Sudgen Park at ~ Avalon, Bid No, 07-2670. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approve and execute a lea~e agreement between Collier County and Collier Model Aerouantlc Club, [ur.. 2) 3) Recommendation that the Board of Collier County Commtuloners approve a budget amendment and authorize the construction of a nelghhorbood park in Copeland. Recommendation that the Board of County Commissioners authorize the Collier County School hoard to prox4de prepared food for the Summer Food Ser~4ce Grant Program. SUPPORT SERVICES 1) Recommendation to approve a budget amendment for replacing the windows in the Cupola on the roof of the Museum on Campus. 2) 3) Report and recommendation to the Board of County Commissioners on the one (I) bid received from the ad~ertlsement to sell that su~lus real property formerly known as the Landfill Expansion Property. Recommendation to award RFP 6'97.2661 for elevator maintenance and repair. 4) S) 6) Recommendation to award Bid ~97.2671 for a stocldess warehouse of office supplies for Collier County. Resolution appro~4nl the Satisfaction of Liens for Certain Residential Accounts wherein the County hu received payment and uld liens are satired In full for the 1993 Solid Wa.rte Collection and Disposal Ser,4ce~ Specla{ A.~essmentL Recommendation that the Board of County Commissioners authorize the Chaiman to execute Satisfaction of L{en Documents filed alainst rem 4 June 17, 1997 17. F.. F. G. L proper~ for abatement cd' Bubuce sod direct the Cier~ d' CourU to rTcord same in the Public Reco~ oF Collkr Count, FIocidL Recommendation to approye I budL~t amendment to Ippropflite ~be m&lntenloce services req~nues that ire in excem OF their bud~ t) Bedight Amendment r~co~n~nl chin~es to expenses sod ~ In lrJeet Manag~Bast hud (s21). COT.~qTY ADM~qL~TRA?OR BOARD OF CO'~qTY COM'M~LSSIONERS M~CEL~N£OUS CORRESI'O~'DENCE 1) M'I~CELLA]~OUS ITEMS TO F~£ FOR RECORD WITH ACTION OT]~R CONSTITUTIONAL OFFICERS 1) Recommend that the Board oF Coun~ Commissioners Mt'ye u ~ loc&! coordinatinE unit OF L~)yerument sod execute the Jocd applicntk)a Form documen:s For the U,S. Department OF Justice Local Law Enrorcetn~ut Block Grints ProLq*tm, 2) To pr~nt to the Board of' Co~nty Conmlnioners the State ~ue Sharing Application for FlscLI Year 1S~?-I~ sod to obtsln appru,,~d for the Chairman to dp the appllcition, COUNTY ATTORA~EY 1) Recommendation that the Bolrd Ippruve Mttlemen! of' t contract dispute b~'ecn Collier Co~nty &ad P&II Construction Corp. lnvol~'in~ the construction of' MAx A. H&ue, ,Tr. Community park &ad authorize the chxlr~msn to sl~n ,ti necesJJr)' s~ttlement documents. ADJO~ June 17, 1997 BOARD OF COUNTI' ~SSZONERS JUNE ITEM 12(C) (1) ADVERTIS~ AB BEIN~ ~ AT l~O0 P.M. - RECOMMENDATION TO THE BCC TO CONSIDER AN APPLICATION FOR A CABLE FRANCHISE SUBMITTED BY MARCO ISLAND CABLE, INC. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA For the meeting date of June 17, 1997 CLERK'S REPORT 6A. Analysis of Changes to Reserves for Contingencies 1. General Fund (001) FY 96~97 2. Community Development Fund (113) FY 96/97 3. Facilities Construction Fund (301) FY 96/97 JUN 1 7 1997 ANALYSI~ OF CHANGES TO GENEI~L FUND (~1) RESERV~E FOR CONTINGENCIES Fo~ ~e ~ ~te of J~ 17, RESERVE FOR CONTINGENCIES: Onginal Budget 10101/96 Current Balance 6/'6197 (Reductions) or increases as explained below _ ..R__e_qu · at 11-27-96 12-11-96 12-11-96 12-31-96 1-16-97 1-22-97 1-31-97 2-11-97 2-28-97 3-17-97 5-5-97 5-7-97 EXPLANATION OF REDUCTIONS E,xpl~laflltl0n 48 To repair the bottoms of the activity and plunge pool. 64 To pay Utiti~y expenses for Immokalee Child Care Center 68 To repair the Central Library Chiller 92 Reduce transfer to Road and Bridge due to additional revenue received fro roadway sweeping and mowing. 110 To execute the Fair Labor Standards Act settlement agreement and releases with ptantiffs no longer employed by EMS. 119 To recogmze carry forward and reduce required budget revenues. 143 To proceed with Tax Deed Appliations for delinquent taxes for 1994 tax certificates, 163 To fund gain shadng awards aS approved by BCC 12-17-96 187 To fund emergency repaira to the Immokalee Jail. Naples Jail and building K ice machine. 202 To pay the COSt of hidng a new County Administrator. 248 Improvements and new furniture for the Golden Gate Library. 252 To provide funds for mandated Medicade costs. 4,675,900 · ,, 5,3__2~4_~ 9 {Redu~on)/ (1~.500.00) (1 ~,000.00) (14,475.00) 41,300.00 (42,770.00} 1,3~.600.~ (35.500.00) (80.956.00) (12.500.00) (15,500.00) (53,000.00) (435,000.00} Amendments amounting to less than $10.000 each: (No.: 29.17, 66, 69, 51,161,162.) $ (36,180) JUN I 7 1997 Total Reductions $ _.: .... ~5._~5~g__ ANALYSIS OF CIlAg GE1 TO COMMUNITY DEV~OPMENT FUND (t 13} RESERVE FOR CONTINGENCIES: Onginal Budget 10101/96 Current Balance 6/6/97 {.Reductions) or increases as explained below Date Request 1-22-97 112 5-30-97 285 RESERV~ FOR CON'TINGENCIE$ For the meeting date of June 17, 1997 FY 1996-97 EXPLANAlqON OF REDUCTIONS Explanafl. qn. Funds provided by excess catty for~vard Funds needed to continua microfilming building permit files to make room for additional record storage. $ 277.400 S ~eductlon)/ Incrllle $ 485.200.00 (13,000.00) Total Reductions $ ~___47_~.~200,00 JUN I 7 I997 r;._J,.._ ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUND (301) RESERVE FOR CONTINGENCIES: Ordinal Budget 10101/96 Cument Balance 6/6/97 (Reductions) or increases as explained below Request 2-24-97 3-5-97 5-23-97 RESERVE FOR CONTINGENCIES For the meeting date of Jur~ 17, 1697 FY 199647 EXPLANATION OF REDUC13ONS Explanation 148 Addition carry forward is needed for ongoing projects for 1997. 156 Funds not needed for Lighting Retrofits, returned to rese~es. 196 Funds needed to cover the cost of professional landscaping for East 41. 281 Funds needed to upgrade A/C system, Security. Signage, end repair to bathrooms at Immokalee Aquatic Center, Amendments amounting to less than $10.000 each: (No.: 25,210) $ 294,400 40_5 3.,~_13_ ~educ'~lon~ Incmm 25~,534.00 15,000.00 (32,000,00) (28,420.00) S (12.201.00) Total reductions EXECUTIVE SUMMARY Collier County 2020 TFIssportatlou Needs Assmment Re-eyaluttJou Plummer & A~ociat~, Inc. Oblectlve~ To review and discuss the results of the Needs Assessment Re-ev~lustlon (MPO Task Order 97-1). (~¢nsideratlons: Thc land use data set used to produce the Needs Assessment was modified by reducing the population in traffic snalysis zones (TAZs) where it was felt by stuff that there was a defensible opportunity to reduce the ultimate build out dwelling unit densities. This reduced the permanent population in the I~nd use dar? set fi.om approximately $21,000 to approximately 4:29,000. Attached is a report that shows the road network that would be able to serve that reduced population. Reducing the population eliminated the need for: ~'ec expressways I) Golden Gate Parkway: 2) SR 951/CR951; 3) and Livingston Rd. near the Lee County line. · One of thc r,.o new Gordon River Crossings · A proposed !-75 interchange at Vanderbilt beach Road. · The proposed number of lanes on several roadways (see Report, page two) · Four of the ~'enty-three potential grade separations at major intersections. The revised network should nol be regarded as a recommended Needs Assessment Fiscal Impact:. None Growth Management lmoact; Yet to be determined. To simulate varying land use patterns, additional model iterations can be run to evaluate alternative transportation-land use scenarios using representative socio-economic and network data sets. This singular modeling exercise applied rural densities to transportation analysis zones representing currently zoned agricultural properly, thereby reducing maximum density from 4 dwelling units per acre to ! dwelling unit per $ acres. it is important to note that the Revised 2020 Needs Assessment ne~ork was developed for comparison purposes only, given a reduced population forecast. It does not represent a recommended 2020 Needs Assessment. As explained in the report, the modeling exercises conducted for this study were performed with all factors held constant, except for the 2020 socio-economic data. A comprehensive update ofthe 2020 Needs Assessment is currently scheduled for PY 1999-2000. At that time, new "buildout" scenarios will be modeled based upon a number of revised model variables such as, populmton and roadway sen, ice volumes. ~R~commen~lati9n; This is a discussion item only. JUN 17 £xecutiv¢ Surnmn~ ~Nccds Asscssmcnt R¢.c~'aluation i~ge Two COLLAR COUNTY 2020 TRANSPORTATION NEEDS ASSESSMENT RE-EVALUATION Projec~ # 97512 May 14, 1997 Prtpsred By: DAVID PLUM~IY~ & ASSOCIATES, INC. 1~1 Hmdry Street ! Fo~ M~, ~o~ 33~1~ JUN 17 1997 COLLIER COUNTY 2020 TRANSPORTATION blEEDS ASSESSMENT RE-EVALUATION E[ecutiv¢ Summary The Naples (Collier County) MPO h~ recently requested that the ori~n~l 2020 Transportation Needs Assessment for Collier County be re-ev~uated based on · reduced 2020 population forecast for Collier County. Subsequently, David Plummet Associated, the general transportation planning consultant for the M~), was tMked with performing a re-eva~uadon of the 2020 Needs Assessm~t, using revised 2020 economic data provided by the iv[PO sta~. The purpose of this re-evaluation wM to ident!f7 changes in the 2020 Heeds Assessment network that would be poss~h given reduced population forecast. These potential changes were identified based on tests performed using the adopted Collier County Travel Model, with only the 2020 socio-economi¢ data revised, In order to clearly deterrrdne the effects of' the reduced population on the Needs Assessment networlL all other factors, including roadway service volumes, the proposed transit network, and the South Lee County roadway network, were held constant from the orig~na~ Needs Assessment. The trzf~c volumes produced with the reduced 2020 population forecast were compared to those produced with the origina] population forecast. The results of this comparison ~re provided below. Revised Travel Characterist{cs With Reduce{ population Forecast Odginal Reduced Ch~acted~i~ 2020 Forecast 2020 Forecast 521,000 429,000 -17.7% 11,835,000 10,809,000 -8.7% 106,876 90,714 -15.1% Household Population Vehicle Miles of Travel Delay Due to Congestion (Vel'dcle Hours) Total Congested Speed (l~Ies per Hour) 32.3 32.7 ( I ) Ba~t~sd on onl~ 2020 Needs Aaa~mme~ (2} Collier ~ o~Jy. (3) Collier Ceut[T plm ~ Lee ~. +13% JUN 1 ? 1997 U~ing the reduced 2020 populadon fore~,,~% ~, Revis~xt 2020 Nc"~ds A.~essm~m~ n~ ~ develop, for complan pu~ to id~ti~ ~ti~ ~ ~s~ent due to the r~uc~ ~pulation. ~ ~e~ ~th the ~ f~er roadway improvements ~e n~ to a~~te pmj~ 2020 ~c ~l~m. ~e k~ c~ges in the Re~d 2020 N~s ~ssm~t ~e ~~ ~ow. The three expressways identified in the original Needs Asses~nent network (i.e. the Golden Gate Expressway, the SR 951/CR 951 Expressway and the Livingston Expressway) have been deleted. · One of.the two new Gordon River cro.v~ngs (i.e. the North Gordon Rivet Bridge) h~ been deleted. · A proposed 1-75 interchange at Va~deffoilt Beach Road has been deleted. The proposed number of lanes on several road~ in the northeast ~nd cavern pa,'ts of' the urb~ area have been reduced. The affected roadways include: Immokalee Road, east of Oalcs Boulevard CR 951, north of Pine Ridge Road S~nta Barbara/Logan Boulevard, north of Golden Gate Parkway Santa Barbara Boulevard Ex~ension, ~outh of Davis Boulevard Livingston Road, north of Golden Gate Parkway Livingston Road (E/W) Vanderbilt Beach Road, east of US 41 Pine Ridge Road, east of 1-75 Golden Gate Parkway, east ofi-75 East Taka.mi Trail, east of CR 951 · Four out of twenty-three potential grade separations at major intersections have been deleted. Despite the deletion of the three expressways and reduction in the number of lanes ~lon8 several corridors, there is still the potential need for grade reparations at several major intersections. This is due to several f'acto~ including: travel demands; Collier County'a highway network consisting of a few, widely-spaced arterials; and a number of major arterials (i.e. Goodlette-Frardc Road, Livingston Road and Radio Road) "dead ending" at cross-streets. Finally, the Revised 2020 Needs Assessment wM developed to identi~ potential changes in the 2020 Needs Assessment due to reduced population t'orec~ts. It does not represent a new recommended 2020 Needs Assessment. A recommended 2020 Needs Assessment should reflect updated roadway service volumes and changes in the South Lc Cour~:~T~ roadway network recently approved by Lee County. ~. ~ JUN ! ? 1907 l[n~roductlor) During the Collier County Long-Range Trznsport~tion Plan Update, a 2020 Needs Assessment was developed and, followin8 a Public Workshop on October 19, 1995, was presented to the Metropolitzn ?lmrtlng Organization (MPO) at its meeting on November 3, 1995. The MPO voted to accept the 2020 Needs Assessment M the basis I'or the development or'the 2020 Financially-Feasible Plan. This ori~rnl 2020 Needs Assessment. which is shown in Ex,'blt I, was developed on a perman~m household population of'approximately $21.000 in CoLlier County. As result, the Needs Assessment included several multilane facilities and three expressways (i.e. the Golden Gate Expressway, the SR 951/CR 951 Expressway and the Livingston Expressway). The original 2020 Needs Assessment also included potential grade separations at several major intersections. In recent months, the IV[PO reques:ed that the original 2020 Needs Assessment be re- evaluated based on a reduced 2020 population forecast. Subsequently, David Plurnmer & Associates, the general transportation planning consultant for the MPO, was tasked with performing a re-evaluation or the 2020 Needs Assessment, using revised 2020 SOCiO- economic data provided by the MPO staff. The purpose or' this re-evaluation vas to identiS/changes in the 2020 Needs Assessment that would be poss~le given a reduced population forecast. These potential changes were identified based on tests performed using the adopted Collier County Travel Model, with only the 2020 socio-economlc data revised. In order to clearly determine the effects or' the reduced population on the Needs Assessment, all other factors, including roadway sen-ice volumes, the proposed transit network, and the South Lee County roadway network, were held constant ~rom the original Needs Assessment. This report presents the results or' the re-evaluation ot' the 2020 Needs Assessment, using the reduced population forecast. The report includes the following. · A review of'the revised data sets provided by the MPO staff' for this study. · A comparison or' the traffic volumes f'om the original Needs Assessment with those produced by the reduced population forecast. · A Revised 2020 Needs Assessment road network, based on the reduced population forecast. JUN ! ? 1997 ~cvi~ed 2020 $ocio-£conomic Data In cooperation w~th Collier County staff', the I~PO staff developed revised sc)cio.economic data projections for the year 2020. The~ were received fi'om the Iv[PO on April 8, 1997, Specifica.Uy, the revised socio-economic data is based on ~, r~uced houKhold population forecast of' 429,000 in 2020. This re, resents a l?.'/~ decrease ~rom the projected population used for the Long Range Transportation ?lan Corresponding reductions were made in the number of dwelling units in the FSUTMS ZDATAI file and the number of employees a.nd school enrollments tn the Z:DATA2 ~Ie. The Iv[PO staff' did not revise the ZDATA3, ZDATA4, or EETRIPS files, which contain information on special generators, internal-external (IE) trips and external-external (F..E) trips, respectively. Copies of these data sets are available from the Iv[PO staff. Qfiginal 2020 Needs Assessment With Revised Data An irdtial travel model assignment (Assignment 1) was performed as a test to determine the e~ects of the reduced population (and associated sc)cio-economic data) on projected 2020 traffic volumes. For tills test, the original 2020 Needs Assessment network was used. Ail assumptions, except for the revised socio-economic data provided by the staff, were held constant fi.om the original Needs Assessment travel model assignment. A spreadsheet show~ng the traffic volumes on roadway segments from the original 2020 Needs Assessment travel model assignment is provided as Appendix A. £or comparison, an updated spreadsheet showing the trat~c volumes from Assignment 1, which is based on the reduced population forecast, is provided as Appendix B. With the reduced population forecast, vehicle miles of travel (VMT) in Collier County dropped to approximately 10.$ million V'MT. This represents a reduction in VM'F of approximately 9% from that produced by the original population forecast. Ex, bit 2 shows the changes in tra.i:fic volumes on specific roadway segments. With the reduced population foreca.st, traffic volumes were reduced throughout the urban especially in the northeast and in the CR 9511SR 951 corridor. Tra~c volumes on Tamiaxni Tr;dl from the Lee County Line to Airport Road generally remained at the same level. The volumes on a few segments (generally east of CR 951) actually increased due to changes in travel patterns. Revised 2020 Ne~ds With reduced trafSc volumes throughout the urban area, Assignment I demonstrated that changes in the original 2020 Needs Assessment road network were possib reduced popula~on forecast. It appears that 2020 tra.tTic volumes can be acc~ with fewer improvements. JUN 17 992 Several additional test assignments were performed to identify and test appropriate reductions in the 2020 Needs Assessment. These test Mslgnments were as follows: Assignment 2 dropped the three expressways identified in the original Needs Assessment, and reduced the number of lanes on northern ~egments of. CR 951, on eastern segments of EMt Tamia,mi Trail, on Sgntl Ba~oara/Logan Boulevard north of Golden Gate Park'way, and on Livingston Road (E/W). Among the changes tested in Assignment 3 were the removal of' the l- 75/Vanderbilt Beach Road interchange, removal of the North Gordon River Bridge and reductions in the number of lanes on the Immokalee Loop Road. Assigru'nent 4 reduced the number of lanes on several roadways, including Golden Gate Parkway east of 1-75, Irnmokalee Road east of 1-75, Livingston Road north of Pine Ridge Road, and Vanderbilt Beach Road east or' North Tamiarni Trail. A~signment $ restored six lanes to Immokalee Road between 1-75 md Oaks Boulevard and Golden Gate Park'way between Livingston Road and I-'/5, but reduced the number of lanes on Livingston Road from Pine Ridge Road to Golden Gate Park'way and Isle of Capri Boulevard from Vanderbilt Beach Road to Pine Ridge Road. Exhibit 3 shows the resultant Revised 2020 Needs Assessment, based on the service volumes used in the original Long Range Transportation Plan Update. A level of service spreadsheet for the Revised 2020 Needs Assessment (Assignment $) is provided as Appendix C. The differences in the original and Revised 2020 Needs Assessment are highlighted in Exhibits 4 and 5. The Revised 2020 'Needs Assessment appears to adequately a~ommodate future traffic volumes on a road segment basis. However, two important roadway segments continue to operate below the level of service standard: North Tamiami Trail between Old 41 and [m. moka.lee Road; and East Taka. mi Trail between Airport Road and Rattlesnake Hammock Road. Both of these segments continue to have problems because they are "bottlenecks" in the roadway network. Furthermore, even though the three expressways have been removed from the 2020 Needs Assessment, grade separations may eventually be needed at several major intersections. The future highway net'work in Collier County still consists of a few, widely-spaced major arterials, especially with regards to east.west grterials west of 1-75. As · result, even with the reduced volumes in the urban area, there are heavy crossing volumes ·t several major intersections. Also contributing to this problem is the fact that a number of major arterials "de~,d i~,3d~ct~.~ :TIM, cross streets. For example, with ~dio Road ending at ~o~-Pulling Road, t~c ~~~ ~dio Road must pass t~ough the ~on Roa~Golden Gate P~ay and ~ ~ [ JUN 1 ? 1997 Road/Davis Boulevard intersections. Also, Good]et~e-Fr~k Road ends in the north at Immokalee Road, and Livingston Road ends in the south at Radio Road, In both cases, traffic must turn to the east or west. With regards to the Goodlctte-Frank Road and Livingston Road situations, the adopted 2020 Financially-Feasible Plan includes a recommendation that corridor studies be conducted to evaluate the fe~.~ibility of emending Goodlette-Frank Road north to Bonita Beach Road and emending Livingston Road south to Davis Boulevagd (and perhaps to East T~nia. mi Trail). If feasible, these roadway extensions would relieve tra~c congestion at several major intersections and along a number of' congested roadway segments, such as North Tamiami Trail fi.om Old 41 to lmmokalee Road and EMt Tamiami Trail fi'om Airport Road to Rattlesnake Hammock Road. While it may still be necessary to have grade separations at a number of ma.~or intersections, the reduced population forecast has clearly reduced volumes in the urban area. As a result, the probability cfa grade sepaxation being needed at a given intersection has been reduced and the time before it would be needed has been emended. (~9nclusion~ The reduced population forecast for Collier County results in a reduction in the year 2020 vel'dele miles of travel (VMT) of'approximately 9%. In addition, traffic volumes on most roads in the urban area have been reduced. As a result, fewer improvements are needed to accommodate projected traffic volumes through the year 2020. The Revised 2020 Needs Assessment provides a direct comparison of the improvements needed to support the reduced population with the improvements needed to support the original population forecast used in the Long Range Transportation Plan Update. It is important to note that the Revised 2020 Needs Assessment network was developed for comparison purposes only, to identify potential changes in the 2020 Needs Assessment road network that would be possible given a reduced population forecast. It does not represent a recommended 2020 Needs Assessment. AS explained in this report, the tests conducted for this study were conducted with all factors held constant, except for the 2020 sc)cio-economic data. In particular, the roadway ser,,4ce volumes and the South Lee County roadway network were held constant from the original Needs Assessment to clearly determine the 'effects of' the reduced population. A comprehensive update of the 2020 Needs Assessment should reflect updated roadway service volumes and an updated South Lee County roadway network,, well as population forecast for Collier County. Following the MPO's adoption of t Financially-Feasible Plan, issues were raised regarding the I'DOT District Onelservice volumes that were used in the Collier County Long Range Transportation Plan[U~ and all other Plan Updates in Southwest Florida. Eventugly, I:DOT "withdrew'* the District One service volumes, which ~re no longer in use. These service volumes, therefore, should be replaced with updated service volumes. In edditlon, the Lee County Board or County Commissioners recently approved a future roadway network t'or Bonita Springs that, in some ways, is very different fi-om that used for the Long ILmge Tran.~portation Plan Update and this study. The revised South Lee County roadway network should be considered in the development or'an updated 2020 Needs Assessment. Other Methods For Reducine Roadway Nee~[I While the Revised 2020 Needs Assessment described in thls report demonstrates that fewer roadway improvements will be needed with the reduced population forec..ast, two important roadway segments (i.e. North T~nia.rni Trail from Old 41 to Immokgee Road and East Tanda~ Trail from Airport Road to Rattlesr~ke Hasnmock Road) will continue to operate below the level of' service standard, and several major intersections may still need to be grade separated. It appears, therefore, that land use revisions gone may not provide the roadway network that is des[red by Collier County. Other methods for reducing future roadway and intersection needs ate summarized below. Corridor studies, a.s originally recommended in the adopted 2020 lrmancially- Feasible Plash should be performed to determine the feasibility or' extending Goodlette-Frank Road north to Bonita Beach Road and Livingston Road south to East Tazrfiami Trzil. Ii'feasible, these roadway extensions would help relieve tra~c congestion at several major intersections (a.nd thus reducing the need £or grade separation at those intersections) and on a number of'congested roadway segments, including North TamJami Trail from Old 41 to lmmokalee Road and East Tam, ami Trail fi.om Airport Road to Rattlesnake Hammock Road. Consideration can be given to reducing the level of service standard on specL-qc roadway segments, in place of further Lmprovements. Collier County previously exercised th~s option on a number ofroadway segments. On a wider scale, consideration can be given to eslablishJng level of service standards based on year-round trat~c conditions, rather than pea~ season tra.fl~c conditions. Implementation of the on-going Congestion Management System (CMS), with its transportation system management and tra~portation demmd management measures, will help optimize the operational e~c~ency of the existing and future roaxtway networks. The transit system envisioned in the original 2020 Needs Assessment can be implemented and even expanded. This could include trasn/trollc~ service within activity centers, loc.~l tra~it service in the urban area, intercep~ pa~k~,~..~. ~T.,~ and express routes to major activity centers within Collier County an~ ,djac~emt, to Collier County. ! ] JUNi71997 ' r- :1 Bill ,%U)LtS (CoLUr]~ 2020 N££DS AS$£SSV]L'2'~TT R£-EVALUAT/0N I:~IIBI'T I Na~Ly.S (COLMT.~ COt,q~rl'Y) ~0 COLLIER COUNTY k DI:]R~IT 3 2030 ~E£DS ASSESSMENT C01~PARISON OF TRAFTIC RE-EYALUATION lrlTR REI)UCL~ POPU ATION ::::: ~ IIII * ~ I~API.L~ (COL.LZ£R COUNTY) upO F J f I EXHIBIT 4 CO~LI[R COUNTY 2(220 NEF,.C)~ A$~F$SMENT RF.L~tALUATION COMPARISON OF ~ NUMAR OF LANES IDII ROAD~ ROA,OWAY NAME FROM I TO ~ Rd. k) Iffvnakaile Rd, Immakal~e Rd. lo ~ Belch Vm~,t~ ~m~ Rd. lo PWe Ridge ~ ~, ~ N. ~-~ n~ ~ N. ~ R~ ~ ~ R~ R~ R~ Rd. ~ 8, ~-~ R~ ~ ~ ~.~ U~I W~ ~ V~ ~. ~ ~.mCR~ ~41to~~ US 41 m ~ ~ Rd. to ~ Rd, .5 M~ E~ M R~ Rd. I~ Rd. ~ ~_~ ~ L~ Rd. CR ~I ~ W~ ~, US 41 to ~F~ ~F~ Rd. ~ ~ Rd, ~ Rd. to ~ 1-75 ~ Si~ h~ ~. I~ Rd. ~ ~ ~ Rd. V~ ~ Rd.m ~ R~ Rd. N.~ R~8.~R~ Lm~m~Rd.~ ~ Rd. (~m ~ I~ Rd.~ ~ Rd, LN~m ~ Rd.(~ ~Rd.(~~R~ 1-75 ~ ~ ~ ~1) ORIGIN,M. REVVED NEF. D~ h'F. ED~ A~ E~,$MENT A~,ESSMENT 6O ~0 40 4D 40 40 40 40 40 2U 6O 60 2U 40 2U 4D 2U 4O 40 2U WA i E.X~IB~'T 4 CC)LLIFR C. CAJI~ 2020 Nit ltD4.4..~E.S~MEHT RE-EVALUATiON C~PARI.S/..~ C~r 2(X2~ NUIdB~.R C)4: LANES 03 ~7 7O 71 72 73 74 77 7~ 79 81 ~2 8:3 87 1~0 '~18 11g 120 CR~I $R~1 I~ id ~ ad. 111~ A~. ~ ~ Rd. I~ Rd, I~ Rd. h,~ Rd. I~ Rd, ~ ~ R~ ~ I~ Rd. ~ Rd. ~ Rd. I~ I~ Rd. I~ I~ ~ Rd. I~ ~ Rd, I~ L~ Rd, ~~Rd. SR~ 1-75 I-~ I-~ ~T~ Rd. ~ Rd,(~) ~ Rd.(~) L~ Rd.(~) ~ Rd.(~) ~ Rd.(~) ~ Rd.(~) ~ Rd.(~) ~ Rd.(~) ~ ~R=.(~) ~ ~ Rd.(~ ~ Rd.(~ ~ Rd.(~ ~ Rd.(~ L~ ~, ~. L~.~ L~ ~. N. ~ R~ ~ FROM / TO I AS~IIME~r A~F. SSId~T Rlmlm"lkl Hmvmluk Rd. to US 41 US 41 lo ldlmim Rd. Idenatol Rd. lo Nd~v Yofl~ Dr. New Yoflc Dr. lo Idyoo gild Br~ge CR 1~3 Io CR g2 Vlnd~rt~ C)r. to ~ 41 US 41 ~o G¢N)d~Frln~ Rd. Gm)di.al-Fm~ Rd. to Al'pod Rd. /Uflx)fl Rd. to L.Ivtflg,~ Rd. LAdflgsmrl Rd. to 1-75 Logan Bird. to CR g~l Al. CR g61 At. to CR g61 CR g61 k)Wllofl Bird. WII~ Blvd. to CR 15~ Eylrgtodel Blvd. to ~ L~-'"~. Rd. Imox)klJN Looo Rd. lo SR 29 SR 2g lo Immololol Loop Rd. Immokz~ Lin:9 Rd. to H~dry ~ L~ LI~ Truffcrd Rd. Io SR 29 CR 64~ to SR 29 SR 2~toCR 8~ SR 29 to SR 951 SR 951 to Geldl~ O~e I="~,. ~ Rklge Rd. I= vl~llma bllCfl Rd. Vam~l~l ~ Rd. te Immei~l/~ Rd, Imm~l~N Rd. tO Lie ~ Unl Immekalee Leoe Rd, I= SR 29 Iml:~ial St, Io ~ Rd. L~v~g~o. Rd. (F/W) t~ Nmm Rd. Fad. Aklx~ Rd, E~t. te Immelmill Rd. ImmokMle Rd, ~ ~ ~ R~ V~ ~. Rd. ~ ~ R~ Rd. ~R~Rd.~~ N.~ R~ R~ ~ R~ Rd,~ ~. ~ ~,~U~41 V~ ~. ~ U~ 41 US 41 ~ ~ 41 ~41 ~ Rd.(~)~ ~ ~. ~ ~. ~ R~ Rd. ~R~Rd.~~ I~A NrA N/A 4D IC~ n(~ ROA~AY N,~iIE 121 1~ N. G~don Rk,~ Bdd~ '1~3 ~~. 124 1~ ~. ~ ~. 127 CR~7 ~ ~ 41 121 ~~. ~ ~R~Rd. ~ ~ R~ Rd. CR~ 137 C~ CR~ R~ Rd. ~ ~ Rd. 14~ 1~ ~ Rm ~ Rd. 1 ~ ~ R~ ~ Rd. 147 1~ C~ ~ ~ Rd, SR 1~ SR S~ ~ ~67 1~ 1~ U~I T~ T~ 1 ~ 171 U~I T~ T~ I~ U~I T~ T~ 174 1 ~ 1~ U~I T~ T~ 1 ~ 1 ~ U~I T~ 1~ U~I T~ T~ 1~ U~I T~ T~ ~ITO NUMBER (1) ORK~I,. REVIGED ~¥ENI' A~SESSIdENT WA WA I IO I IO I Io I I ! , ! [] I I [] '~ i I I JUN 1 7 1997 ,,,. /0 E.70,41B. FT 4 C, CX.U~R C~:~JN'TY 2~20 NE~I~ A.,~ESSMENT RE.EVALUATION Bm~eod W~. Rd. k) ~eJl M ClOd R~ OreM.Muy Rd. to Sin Ida~ Rd. NL ~a~ k4a~o Rd. ~L to ~ln Memo R& Mikd, BI~I. ExL to SR ~ aR 20 to Oede ¢_--_-'~q t. Jne BeW~'K)el Or, k) US 41 Oolfahom Dr, to US 41 US 41 k) ~rmk Rd. C)ood~Fr'~ Rd. ko Aa~ed Rd. A.VI~ Rd. to Lhdn0~ Rd. LJv~lto~ Rd, to C:)~kl BelL Loom Blvd. to ~ of Cl~dt Rd. Bonlm Be~ch Rd. to LMngMon Rd. ~J~6 L~Ar~ Rd. (f.A~ ~o W~Ok'~ PUM Rd. V~gg~ paM Rd. to 111th Ave. N. ¶11u~ A~. H. to Varded~ Beech R~ Vard~ed~ CX. to US 41 EXH1BIT 5 COLLIER COUNTY 2020 NEEDS ASSESSMENT RE. EVALUATION COMPARISON OF 2020 POTENTIAL GRADE SEPARATIONS (FOR NON-iNTERSTATE MAJOR CROSSROADS) · I Livlr~on Road (North-South) at Livingston Road (East-West) .[ Yes Yea Yea Yes GRADE SEPARATION I (1) I I ORIGINAL REVISED I NEEDS NEEDS ERSECTiON I ASSESSMENT A~ESSMENT lmmokalee Road at U.S. 41 Immokalea Road at Goodlette-Frank Road Imrnokalee Road at Airport Road Immokalee Road at Livingston Road Vande~llt Beach Road at Goodlette-Frank Road Vanderbllt Beach Road at Airport Road Vanderbllt Beach Road at Livingston Road Pine Ridge Road at U.S. 41 Pine Ridge Road at Goodlette-Frank Road Pine Ridge Road at Airport Road Golden Gate Parkway at Goodlette-Frank Road Golden Gate Parkway at Airport Road Golden Gate Parkway at Uvlngston Road Radio Road at Livingston Road Radio Road at Santa Bart~ra Boulevard Davis Road at Airport Road Davis Road at Santa Barbara Boulevard CR 951 at Davis Ro~avls Road Alternative CR 951 at Rattlesnake Hammock Road U.S. 41 at Airport Road U.S. 41 at Rattlesnake Hammock Road U.S. 41 at SR 951 Yes Yes Y~ Ye~ I Ye~ I Yes Yes I Yes Yea I Yes Yel No Yes No Yes Yes Yes Yes Yea Ye~ I I 1) This is provided for comparison purposes only and is not a recommended 2020 Needs Assetsment Indicates a potential grade separation for the Revised 2020 Needs Assessment ~ich diffem from the original 2020 Needs Assessment. JUN 11' 1997 LEVEI~ QF SERVICE SPREADSR]gE? QI~QI~A~, 2020 NEEDS ASSESSMENT JUN 1_ ? 1997 ![!.!!lllltt,.,,..!.t .... ~, · ...-f' IIIIIitliilliii!!Ilt!Itttftttll JUN 1 ? 1997 LEVEL OF SERVICE SPREADSHEE'I~ ~)RIGINAL 2020 NEEDS ASSESSMEN~ _wr['H REDUCED POPULATION_ ~SSIGNMENT II i ============================ ::::::::;-::::'::~' .... :::0-:..:;:~:::~~~::-0 it!!!!iiiiiiiiiililiiiifti!!iliiiiiiiiilt JUN 17 1997 I : : JU~ ].7 1997 tt11~l!t!l?lll~11~!!~l~?l~lttlll!ltltl~t~tlr"llllltlt11111tl~llll|tllllll s! I~I,,H,!.!..iI!! ..... t,,It.L EXECUTIVE SUMMARY Budget Amendment Request to Establish the Metropolitan i~lannlng Orgnnizntion (MilO) Bndt, et for Grnnt Year 1997-9~ ~ To establish the MPO's 199%98 oper'~ing budget for the grant yenr which commences July !, 1997. ~ P~r Budget and Finance D~ar~nent Polic)' implementing the annual budget of the MPO's recurring grant on the State's t'~:al year (July ! through June 30), the MPO gram b~:l~et request haz been prepared based on the federal appropriation allocated to the Flori'4~ Department of Transportation and is presented ~t this time to coincide with the Stat~ fi~:al yea~. The attached budget ha~ been prepared pursuant to the 19{)'/-98 Operating and Capital lmprove~nerR Budget Instructions manual and is consi:,'lent with the Program Outc,'~ne Budget previonsly considered by the Board. This budget request deals only with the ex:trent mandator} MPO ~ and does not involve any new programs. This request is consistent with the MPO's Unified Planning Work Program adopted April 25, 1997. The attached worksheet shows the budget detail tO' comparing the t'xn'rent ~tear's approved budgets (total Adopted 1996-{)'/) with the MPO proposed 1997-{)$ budget. The propo~d budget expond~ have decreased this )'ear due to an expected decrease in co~$ a$~iated with planned consultant work orders. Further, capital costs for two new continuous traffic ¢ounter~ for the County Tran~l~ortation Serviee~ Department have also been included. Regarding revenues, as is the case in the current year, the entire local match (except for matehin$ equipment purchases) is being covered lO' a "lo{~ match" fror~ the FDOT. Ther~or~, the onl}r local ~ {'or the MPO program in the coming year is the $1,800 the Transportatio~ Service~ Department will ¢onm'bote and $700 the Ci~' of Naples will contribute to the purcha~ of two ¢ontlnttotls traffic ¢ountcr~ · Fiscal Impact:. This budget amendment sets up the MPO program for fl~cal year 1997-98 in the total amount of S340.400 for the period July I, 1{)){)7 through June 30, 1995. Revenue~ $.re provided through grant funds. Growth Management Imnact: None Recommendation; Staff recommends the Board approve the Budget Amendment request establishing thc MPO prop. ram for FY 19{)7-{)$ Reviewed by:~a)~e/Arnold' AICP. Planning getwi "? D e: Reviewed by: '~ '/ / ' Vincent A. Cautero, Community Development & Environmental Servi~ Admil NO. ~ Planning Services DepartmenffMPO Section Metro Planning - M~O (126) To po-form the wau-po~ioa ptarafisg f~c'6oas ia CoRi~ county ~s maadated by. Federal, Sine, ~ml local laws. (Federal Law: T'~e 23 U.S.C.: Federal Regulations: 'liLle 23 CFR Part 450, Subpm C, ami 23 CFR Part ~R)0, E; Fl. Statute. Ch. 339.1'/5 and Ch. 427.01f) l~ggram MematernenVT~hnical Administrative a~d management sec'ices ~o Ci~.' and Count' including super~ory S~clmical support sa-~ccs for ~ti~ ~ Grant Program. Ca=ha} F,~C~ma~ p~chas~ Traffic Couma'sTSo~'~"~ Prof~ion~l Planninz So'vicm DelNc~.' of professional planning s,:nic~s related to Non-Urbanized Ar~a Transportation Stud)'. Gro~lh Management Plan. Transportation Element d~'elopment, Public Involvement. and Scenic Highways Prog~m. Bicvcl¢/Peflcsui~ pli~nnim~ S~rvic~s Deliver).' of professional planning s~rvices to City and Count' related to planning and im~lcmcmation of the Counn."s Bio'de and Pedestrian (path~vay) Program. Purchase of planning consultant services related to the Long Range Transportation Plan and the development of a Congestion Management System for Collier Count).'. Grand Total %of ToUl Tri~'s tmon! ~ ~ 1.0 ' 2:5.0% S88,S00 26.0% N/A NIA $14,000 4. I% 1.0 25.0% $44300 13.0% 1.0 25.0% $44200 13.0% 1.0 25.0% $44.300 i 3.0% N/A N/A $I05,000 30.9% 4.0 100.0% S340,400 100.0V Performance Measures Actual FY 96 Forecsst 1. Act as clearing house for bio. cleYpedestrian 500 500 public comment % of comments forwarded to appropriate City, 100% 100% 100% Count3.' or State agent' for follow - up within 3 working days 2. Develop long - range Transportation forecast and I 1 Unified Plan Work Program or Annual Basis % of work program compleled annually 100% 100% 100% 3. Number of Site Plans. Pr¢llminar)' Plats & DRI's 150 200 175 ro'iewed for consislency with Pathway Improx'¢mcnt Plan. % reviewed within 5 working days 100% 100% 95% AC, FNr)A lYE[M, Planning Services Departme~t/MPO Section (Cont.) Metro Planning - MPO (126) FY 95/96 FY 9~/97 FY 96/9T FY 97/9S FY 9~/98 FY 97~ % Actual ^dop~¢d Forecast Cunent £xpmdea To~l Budget Personal Se~'iccs 20~,5~ 193.1~ 193,1~ 188,2~ 0 1~ ~ E~s 93,2~6 1~.~ 144,~ 1362~ 0 1~6~ ~-~ Capi~t ~? 3,967 8,~ g.~ 16,~ 0 16.~O I~.~ ~ To ~r 0 0 0 0 0 0 ~A ~'c 0 0 0 0 0 0 ~A To~l Appro~tions 302,793 3~.~ 3~6,~ 340.4~ 0 ~0,4~ R~,'¢ z~13e s ~:ontribution (001 ) 0 0 0 0 0 0 NIA Grants 302.395 346.000 346.0(J0 337.~ 0 337.~ -2.3'/, Ci~ S~e 0 0 0 Toal Rm'enue 302.395 3~.~ 346.~ 540.4~ 0 540.4~ Permanent Positions 4 4 4 4 0 This budget does not coincide with Collier Counr,."s fiscal )'ear and is Eh'eh for tlluslra~'e pm'poses onl).'. Thc l:mdget is presented to and is approved by ~he BCC thxough lhe budge~ amendment process. Total appropriations in FY 98 are $340.400. Operating expenses are lower duc 1o reduced Ic~'el of ~-ork b)' consullants. Capital oull~.' increases due lo thc purchase of 2 permanent traffic counting stations. JUN 1 7 1997 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL OF A REQUIRED BUDGET AMENDMENT NECESSARY TO IMPLEMENT A PROJECT BUDGET FOR THE IMMOKALEE BEAUTIFICATION MAIN STREET MASTER PLAN, ON STATE ROAD 29. ~: To obtain the Board of County Commissioner~ autho~zation to create a Project Budget utilizing accumulated funds reserved for this purpose and necessary for activating the bidding pro(ess for the Immokalee Beautification Main Street Project. ~ONSIDERATIONS: On December 17, 1996 Agenda ~ 8(b)2 ~he B.C.C. aeproved a ~ of $275,000 (plus interest) to the Immokalee Bea~tion M.S.T.U. to provide Itte necessary capital funds required to complete the proposed Immokalee Main Street Improvement Project. After the County Attorney's review of l~e lmmokalee M.S.T.U. Ordinance it was d~ lhat It~ BCC approved loan of $,250,000 required the loan to be paid off in · period not to exceed two yearn. Add'~3nally, since there were only $50,000 (approx.) per year of un-obligated fu:'ids in the Immokalee Fund (156). Ihat it would be impossible to pay back the loan in the required two (2) year time frame, without a referendufll to amend the ordinance. Accordingly, staff is requesting Board authorization to move forward with a I~neller Phasing approach to the Total Project, which is consistent with the current available Immokalee M.S.T.U. Reserve Funding. The Immokalee Advisory Committee is in agreement with this smaller phasing approach, but is requesting that the Board allow the Advisory Committee to return to the BCC at a later date to activate a County Loan, at which time the funds required to complete the Total Project and the funds to pay back the loan will be more dearly defined. A budget amendment will be processed moving funds from Reserves into an aPl:)n::~3d~e Project Budget. This request is also essential in assisting with the already approved State F.D.O.T. FY 96/97 budgeted contribution of $100,000 for the proposed lighting improvements on S.R. 29, that are an inlegral pad of the Total Immokalee Main Street Master Plan Project. FISCAL IMPACT: Funds are budgeted and available in the following: IMMOKALEE M.S.T.U. FUND (156): RESERVES FOR FUTURE CONSTRUCTION AND IMPROVEMENTS .................. $ 447,200 O.C.P.M. CONSTRUCTION MANAGEMENT FEES ........................................... $ - 25,365 $ 421,835 The Reserve Funds of $447,200 have been accumulated over the past sever'al years to fund the proposed Immokalee Main Street Improvement Project. The Office of Capital Projects 'Services During Construction' of this initial phase are proposed at $25,365. Staff has supplied tho attached (Exh~it 'A") O.C.P.M. 'Scope of Services Cost Estimate" to assist the Advisory Commitlee and now Ihe Board of the anticipated costs related to their services during construction of the Complete Project. EXECUTIVE SUMMARY IMMOKALEE M.$.T.U. June 3,1~97 Page :Z GROWTH MANAGEMENT IMPACT: The plan for tandacaplng and pedestrian enhmx:emm'~ along ~-R 2~-by the Immokalee Beaut~cation Co,,imittee will implement Policy 11.1.8 of the Immokltl~ Mast~' Plan which called for a Redevelopment Plan for EK)uth Imrnokalee which wis prepared end ~ by Resolution of the Boa,.d of County Commissioners In October, 1994. The erlhancement of SR 29 Il consistent with the "Main Street' designation to redevelop this corridor. These effodl, ia conjunction w~h in overall plan, will promote development of the County owned Immokalee Aiqxxt and Indultrtll p~rk which will lead to a diversification of the employment base and Increase property value~. ~..~~.~.jJ~: 'lhat the Board of County Commissioners approve It~ neceslary budget amendment and authorize staff to establish a new project budget required to implement ~he Immokalee Beautification M.S.T.U. Main Street Master Plan on State Road 29, following a smaller phasing approach that utilizes the current available funding In lhe Irnmokalee M.$.T.U. Fund (156). ~, approve the Advisory Committee's request to return to the Board at a later date for reconsideration smaller County Loan to complete the project and to repay the loan following the current ordinance two (2) year time frame. PREPARED ~hen F. Fabiano, Engineer II Transportation, Landscape Services D-~'id F. Bobanick, Interim Director Transportation Department REVIEWED B _.. _ _ DATE: 7 · --b~bn er,~'"dminbtrator Ed I Public Works OATE:~'~ DATE:_ Jclo~: ~r. ~/~P~-7 Transportation Department SFF/DFB Attachment(s) COLLIER COUNTY e. 7; .'. '~ .-~ OFFICE OF CAPITAL PROJECTS MANAGEMENT ' ' ~EMORANDUM Date: To: From: April 4, 1997 Stephen F. Fabiano, Engineer 1'I Transportation Department SE Joseph F. Delate, A A, Project Manager OCPM Scope of Services Estimate for lmmokal, ee Beautification MSTU (Phase H) I have received a copy of the memorandum you sent to Adolfo Gonzalez concerning the above-referenced project. I apologize for the delay in responding to your request as · conference with Mike McGee was necessary to complete the cost e~timate for OCPM fee~ for this project. As you are aware, Mike's schedule has been extremely busy and we were unable to meet until yesterday on this issue. In our conference, we were able to break down the level of involvement that I and the OCPM Inspection Section will have on this project. I have carefully evaluated each phase ofthe project from now to project turnover for maintenance (approximately 4/1/98) and offer the following time e~mate~ for budgeting purpose~. Please be aware that due to the complexity and division of this project, these costs are estimates. Level I estimates are for a reduced level ofjob-site meeting participation. Level II estimates are for total participation. I. PL.M~,'NTNG SERVICES 1. prepare/document project loan 10 hrs. 2. Execute/document JPA Agreement with FDOT for street lights 20 hrs. 3. Develop constructionAnstallation schedule for staged bidding/work 20 hrs. 4. Develop time schedule for projec~ 15 h~,. 5. Coordinate/host project meetings on-site 30 l/rs. *Depends on level of involvement or 105 hrs.. 6. Attend/participate in Advisory Committee 50 hrs. Meetings (includes special meetin~gs) 145 hrs. Level I 220 hrs. Level II Stephen F. Fabiano April 4, 199'7 Page 2 II. PERMITTING SERVICES 1. Process Landscape Maintenance Agreemem 10 hrs. 2. Execute Access Management Closures 10 hrs. *Dependent on administrative hearings or 40 hrs. 3. Execute ROW permits $ hrs. 4. Assist with building permits 10 hrs. $. Coordination with FDOT maintenance $ hrs. Sub-Total 40 Ers. Level I 70 hrs. Level II III. GIL~\'T SERVICES I. Execute grant acceptance 2. Process payment requests in grant format 3. Processing reports, agreements, etc. 10 hrs. I0 hrs. 10 hrs. Sub-Total IV. BIZ}DING SER%qCES 1. Develop bid documents 2. Pre-bid meetings 3. Award bids 4. Quote/proposal annual contractors 30 hrs. 50 hrs. 5 hrs. 30 hrs. 20 hrs. Sub-Total V. CONSTRUCTION AD,X, ffNISTRATION SERVICES 1. Coordinate/attend pre-construction meetings 2. Process shop drawings 3. Process testing reports 4. Re,,fiew/process pay requests 5. On-site inspecfions/obser~'ations 6. Process progress reports 7. Process contract interpretations 8. Process change orders 9. Coordinate deliver>', inspections, testing, etc. 10. Process work acceptability letters 105 hrs. 10 hrs. $ hrs. 5hrs. 25 hrs. 15 hrs. 20 hrs. 10 hrs. I$ hrs. 15 hrs. 5 hrs. Sub-Total 125 hrs. Stephen F. Fabiano April 4, 1997 Page 3 Va. OCPM INSPECTIONS 1. OCPM inspection ofsite work, materials, maintenance of traffic, e~c. VI. CONTRACT CLOSURE 1. Process as-buih drawings 2. Process punchli~s 3. Process project certifications and other documentation Sub-Total Level I Total Level II Total x established rate @ $57/hr. Level I Total Level ri Total OCPM Inspections o 200 hrs. x SS2/hr. GRAND TOTALS Le~,el I Les,el II Shrs. 20 hrs. Shrs. 30 hrs. 445 hrs. $$0 h~s. S10,400 $$$, ?55 541, 75O xc: George Parker J~ ~c ~m~d 025 EXECUTIVE SUMMARy TO ESTABLISH PUBLIC HEARING DATES FOR ADOPTION OF 77{E FISCAL YEAR 1997-98 COLLIER COUNTY BUDGET Q~: That the Board of County Commissioners establish the preliminary and final public hearing dates for adoption of the FY 98 Collier County budget. CONSIDERATION~: Per Florida Statute, the County Commission shall not schedule its hearings on days scheduled for hearings by the School Board. The School Board final public hearing is scheduled for September 16, 1997. The hearing dates scheduled by the County Commission and School Board shall not be utilized by any other taxing authority within the county for its public hearings. The proposed dates for Public ~earings on the 1997-98 Collier County Government Tentative Budget are Thursday, September 4, 1997 and Wednesday, September 17, 1997 at 5:05 P.M. in the third floor boardroom in the Administration Building at the Collier County Government Center Complex. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIQ~: That the Board of County Commissioners establish the public hearing dates for adoption of the FY 1998 budget as defined herein. PREPARED BY: Michael Smykowski, OMB Director Rober~ Fernandez, nty Administrator DATE:'- DATE: ~ "' GENDA ITJ M JUII I? EXECUTIVE SUMMARY RESOLUTION CALLING A REFERENDUM ELECTION BY MAIL BALLOT TO BE HELD ON AUGUST 28, 1997 WITHIN THE TERRITORIAL BoI.rNDARIES OF THE PROPOSED CITY OF MARCO ISLAND AS DESCRIBED IN HOUSE BILL 1729 TO DETERMINE IF THE QUALIFIED ELECTORS RESIDING WITHIN THE TERRITORIAL BOUNDARIES OF THE PROPOSED CITY OF MARCO ISLAND APPROVE HOUSE BILL 1729 CREATING A CITY OF MARCO ISLAND AND PROVIDING FOR ITS CHARTER, DaB~k.C,.T.L!eT~ That the Board of County Commissioners adopt the attached Resolution calling a referendum election by mail ballot to be held on August 28, 1997 within the territorial boundaries of the proposed City of Marco Island as described in House Bill 1729 to determine if the qualified electors residing within said boundaries approve House Bill 1729 creating the City of Marco Island and providing for its charter. CONSIDERATIONS: The Florida Legislature during the 1997 Legislative Session adopted House Bill 1729 creating a City of Marco Island and providing for its Charter if approved by a referendum election to be held on or before September 1, 1997. House Bill shall take effect only upon an affirmative majority vote of those qualified electors residing within the territorial boundaries of the proposed City of Marco Island voting in a referendum to be held no later than September I, 1997. Ariached to the Resolution is a copy of House Bill 1729 which was passed by the Florida Legislature. Since August 28, 1997 is a special election by mail ballot, the special election is required to be precleared through the U.S. Department of Justice under Section 5 of the Voting Rights Act. FISCAL IMPACT: The fiscal impact to the County for the mail ballot election is estimated by the Super~'isor of Elections to be approximately $25,000.00. If the referendum passes, the City of Marco Island, pursuant to State law is required to reimburse the County for the cost of the referendum election. If the referendum fails, the County will have to absorb the costs, sufficient funds are available in the Supervisor of Elections fund. GROVfrH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of'County Commissioner~ adopt the attached Resolution calling a referendum election by mail ballot for August 28, 1997 within the territorial boundaries of the City of Marco Island as described in House Bill 1729 to determine ifthe qualified electors approve House Bill 1729 creating a City of Marco Island and providing for its Charter. Approved by: David C. Weigel County Attorney Da~e:~ JUN I ? gg7 B. The Supe~iser o£ Elections r,]~II include on all ma~l ballots ~uch instructions to are nece'M.ary. The Clerk of th~s Board d~all publid~ a no, kc ofthe n~£eroxlmn election by mail ballot in the Naples Daily l~e~-~ a ncws~apet of I~.ral ~,cuL~tion published in Collie~ County. Flmida. There shall be a~ lea~ third,' (30} da)3 no6ce ofsaid dec6on, wi~ publiotion Io he made at least mlce, once in the fifth ~etk and once in ~e third week prk~' lo Ihe week in which ~ m£~m el~ion ~ to be held. Said no,kc d~ll be in labatan6ally ~e followinI form: NOTICI~ OF RI:'I~_RI~..~ft)LrM I~I.I~_f'TION llY MAIL [Al. LOT NOTICE IS HEREBY GIVEN. that a referendum election by mail ballot will be held on ^ugus~ 28. 1997. within the lerrilorial boundaries of Ibc proposed City of Marco Island as described in House Bill 1729. Io deermine if the qualified electors residing within said boundaries a~rove the creation of ~he City of Marco Island and its cha'ter as contained in House Bill I 1997 Legislature. The election shall be conducted by election o~¢ials appointed by the Supervisor of'Elections pursuant to applicable general law. All qualified electors residing within the territorial bound~rles of the proposed City of Marco Island as described in House Bill 1729 may vote by mail ballot in said referendum election. Absentee voting ma)' be permitted upon compliance with applicable provisions of general la~,'. DWIGHT E. BROCK, CLERK BY: Deputy Clerk day of ,1997 a~ter motion, second and This Resolution adopted this majority ','otc. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COLTNTY. FLORIDA Approved as lo form and legal sufficiency: David C. Weigc¥ ' County Attorney BY: TIMOTHY L. HANCOCK. CHAIRMAN 1997 RESOLUTION NO. 9?-__._ A RESOLUTION ORDERING AND CALLING A REFERENDUM ELECTION BY MAIL BALLOT TO BE HELD ON AUGUST THE QUALIFIED ELECTORS W']THi'N THE TERR~'ORIAL BOUNDA.RIES OF THE PROPOSED CITY OF MARCO ISLAND AS DEFIN'ED 1N HOUSE BILL 1729 APPROVE HOUSE BILL 1729 CREATING THE CITY OF MARCO ISLAND. WHEREAS, House Bill ! 729 w~ enacted during the 1997 Legisla~ive Se~slon and provld~ For a referendum election 1o be held no taler Ihan September l, 1997 for the qualified elector~ within thc proposed boundaries orthe City of Marco Island to approve Hous~ Bill 1729 creating the Oty of Marco Island; and WHEREAS, the Board of County Commissioners otC'oilier County. Florida, pursuant general law. herein calls Ihe special mail ballot election for crealed by House Bill 1729. NOW, TIIEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL~NTY. FLORIDA. that: ~ REFERENDUM £1.ECTION CkLLED. A referendum election be and is hereby ordered and called to b~ held on August 28. 1997 by mail ballot for the purpose oFsubmi.ing to Ihe qualified electors within the terrJlorial boynd~'~e,~ of thc proposed City of Marco Island the approval of House Bill 1729 creating the City of M~'co Island and providing for its Charier. ~ PERSON~ ENTITI.E~ TO VOTE. The persons entitled to vole in the referendum election shall bc all the qualified elector~ residing within the territorial boundaries o£the proposed City of Marco Island ~s described in House Bill 1729. a cop.'.' oFwhich is attached hereto ~ Exhibit ~;~ MAIL BALLOT AND £LECTION OFFICIAI.~, The election shall be held by mail ballot within the terrilorial bound~-ies of the proposed City of Marco Island as described in House Bill 1729. The mail ballot referendum election shall b~ conducted by election officials appointed by Ihe Supervisor of Elecllons pursuant to applicable general law. ~ FORM OFTHE RAI.I.OT, A. The mail ballot to be used in said referendum election shall !~ in the following form: INCORPORATION OF THE CITY OF MARCO ISLAND Shall House Bill 1729 as enacted by the 1997 Legislature creating a City of Marco Island and providing For its Chazler. be approved? YES ,, NO NO. ,'~ JUN Pe. 3 4 5 7 9 12 13 14 16 19 20 22 23 24 25 26 ENROLLED 1997 Legislature HB 1729, FirS= Engrossed An act relating to Collier County; establishing and organizing a municipality to be known and designated as the City of MarCo Island; defining territorial boundaries; providing for government, jurisdiction, elections, administrative code, procedure, powers, franchises, immunities, privileges, and means for exercising the same; prescribing the general powers to be exercised by said city; providing prohibitions; providing procedures for filling vacancies in office; providing for a city council, city manager, and city attorney; providing for an initial election; providing for ordinances; providing for budget adoption; providing for amendments to the city charter; providing for referendum petitions; providing severabili~y; providing for dissolution of the Marco Island Fire Control District; providing for participation in state-shared revenue programs and local option gas taxes; providing for a referendum; providing a transition schedule; providing for county ordinances and services during transition period; providing effective dates. WHEREAS, residents of Marco Island in Collier County, 28 Florida, desiring to have the rights of self-determination, to 29 the fullest extent allowed by law, in the establishment and 30 operation of facilities and services desired by the residents, 31 do seek the benefits conferred on municipal corporations by 1 CODING:Words ~i~ka~. are deletions; words underlined, are additions. A¢~ND . ENROLLED 1997 Legislature MB 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 the Constitution and Laws of the State of Florida, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida= PROPOSED CHARTER - CITY OF MARCO ISLA/~D ARTICLE I - POWERS Sec;ion 1.01 Powers of the City of Marco Island.--The city known as Marco Island shall have all powers possible for a city to have under the constitution and laws of the state as fu!ly and completely as though they were specifically enumerated in this charter unless prohibited by or contrary to the provisions of this charter; and in addition to the foregoing and not by way of limitation, the city shall have the following powers; (1) To organize and regulate its internal affairs and ;o es;ablish, al;er, abolish, and terminate, such termination to be only for cause, offices, positions, and employments, including citizen board positions, and to define functions, powers, and duties, and fix their term, tenure, and compensation. (2) To adopt, amend, and repeal such ordinances, resolutions, and codes as may be reql/ired for the good government of the city, including local police ordinances carrying penalties, zoning ordinances, housing codes, building and related technical codes, business regulations, and ordinances relating to and regulating the sale of alcoholic beverages. (3) To prepare and adopt comprehensive plans for the development of the city, including provision for subdivision regulation, environmental protection, pollution control, community facilities, and all other related activities, CODING:Words s'cr-i-ck~ are deletions; words underlined No. _ 7~ m~ JUN 1 7 1~)'37 ENROLLED 1997 Legislature 1729, First Engrossed 1 3 4 5 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 including growth management. The principles of Deltona's development plan for Marco Island shall be a guide in the development of zoning regulations for the City of Marco Island. (4) To sue and be sued; to have a corporate seal; to contract and be contracted with; to buy, receive by gift or devise, sell, lease, hold, and dispose of real and personal property for any public purpose; to have the power of eminent domain and to acquire by condemnation or otherwise all private lands, riparian and other rights, necessary for public purposes and improvements. (5) To raise funds by taxation and to make such levy upon the taxable property in the City of Marco Island as will provide funds necessary for the operation of the city and for such other purposes as may be provided in general law, pursuant to the general laws of Florida. (6) To appropriate and expend money for any public purpose. Operating expenditures shall be limited to an increase from the prior year's expenditures of 3 percent plus the then-current Federal C.O.L.A. (Department of Labor, Bureau of Statistics, Consumer Price Index) per annum following the third full year of incorporation; except that this shall not apply to expenditures under section 3.11, and shall not apply to capital expenditures as provided in section 6.02. (7) To borrow money for public purposes. (8) To levy special or local assessments for local improvements and to hold liens for public improvements. (9) To license and tax privileges, businesses, occupations, and professions carried on and engaged in within the corporate limits of the city and to classify and define 3 CODING:Words s~r~-c4c~ are deletions; words underlined a ENROLLED 1997 Legislature HB 1729, First Engrossed 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 such privileges, businesses, occupations, and professions for the purpose of taxation. (10) To do and perform all other acts as seem necessary and best adapted to the improvement and general interest of the city, and the protection of the health, life, and property of the city and its inhabitants, not contrary to the laws of Florida. Section 1.02 Construction of Powers.-- (1) The powers of the city under this charter shall be construed liberally in favor of =he city. (2) The charter of the city may be revoked in accordance with the dissolution procedure of chapter 165, Florida Statutes. Section 1.03 Intergovernmental Relations.--The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more other municipalities, state or local governments or civil divisions or agencies thereof or the United States Government cr any agency thereof. Section 1.04 Elections.--All elections required under any article or section of this charter, as adopted and subsequently amended, shall be conducted in accordance with the provisions of Florida's £1ection Code in its entirety and as it is subsequently amended. The Florida Elections laws are hereby expressly adopted except that council elections shall be nonpartisan; candidates for the council shall qualify by sea: or group numbers; qualifying shall be by petition equal to I percent of the voter registration in the last general election; and council elections shall be held as prescribed in Section 5.02 of this charter. 4 CODING:Words ~ are deletions; words underlined are ad=~l~:~,%=% ENROLLED 1997 Legislature 1729, First Engrossed 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 29 3O 31 Section 1.05 Administrative Code.--An administrative code shall be adopted by the city council and amended as necessary, defining the departmental organization of the city and appropriate rules and regulations for the conduct of such departments. The administrative code, as adopted, shall describe the line of authority and responsibility of the various departments, as well as the various relationships between line and staff departments. In addition, a graphic table of organization shall be included in said administrative code which shall be adopted by ordinance. ARTICLE II - CORPORATE LIMITS Section 2.01 Descrip:ion of Corporate Limits.--The following shall constitute the Corporate Limits of the City of Marco Island: A Corporate Line lying offshore from Marco Island, in portions of Township 52 South, Range 26 East, Collier County, Florida, which line is described as follows: From the corner common to Sec=ions 17, 18, 19, and 20, Township 52 South, Range 26 East, run Westerly along the line common to said Sections 18 and 19 to a point 2,640 feet offshore in the Gulf of Mexico from the Mean High Tide Line Section 18 and the point of beginning. From said point of beginning, run Southerly 2,640 feet offshore from the Mean High Tide Line of Marco Island, past the Southerly point of said Island to the mouth of Caxambas Pass, thence ru~ Northeasterly in the waters of Caxambas Pass to the center line of the channel of said Caxambas 5 CODINg:Words ~.. are deleticns; words underlined ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 Pass; thence run Easterly along the centerline of the channel of Caxambas Pass, to a point intersecting a marked channel running Northerly towards Barfield Bay; thence run Northerly along the centerline of said channel to a point 300 feet offshore in Barfield Bay from the Mean High Tide Line of the Easterly end of lands formerly known as J.M. Barfield Subdivision, thence run Northerly, Easterly, and Southerly, 300 feet offshore in Barfield Bay from the Mean High Tide Line of Marco Island to intersection with the centerline of Blue Hill Creek; thence run Southeasterly along the centerline of Blue Hill Creek to a point 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island; thence continue Northerly, Easterly, and Southerly 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island to centerline of the aforementioned Blue Hill Creek; thence run Northeasterly along the center!ine of Blue Hill Creek, but to a point intersecting the line common to Range 26 East and Range 27 East, Township S2 South, Collier County, Florida; thence run Northerly along the line common to said Range 26 and 27 but to a point intersecting the centerline of the channel of the Big Marco River, thence Northerly, Northwesterly, and Westerly along the centerline of the aforementioned Big Marco River and out through the marked Capri Pass, being 2640 feet offshore from the Mean High CODING.'Wcrds ~.. are deletions; words underlined ~re ~ ' ~ 'i No._ JUH 1 7 ENROLLED 1997 Legislature }{B 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 16 17 19 2O 21 22 23 24 25 26 27 28 29 30 31 Tide Line of Marco Island; thence run Southwesterly, Southerly and Southeasterly 2640 feet offshore from the Mean High Tide Line of Marco Island to the point of Beginning lying along the East-West line common to Sections 18 and 19, To~rnship 52 South; Range 26 East. ARTICLE III - LEGISLATIVE Section 3.01 City Council; Composition; Qualifications of Council.-- (1) There shall be a seven-member city council, elected from and representing the city at-large. (2) If at any time subsequent to the initial election, the electorate and/or the city council conclude that the demographics of the city warrant that some of the city council seats should represent certain city districts while still being voted on by all the city electors, such changes can be effected as provided for in the Municipal Home Rules Powers Act, chapter 166, Florida Statutes, or as provided for in section 6.01 and section 7.01 of this charter. (3) To qualify for office: (a) Each individual seeking to qualify as a candidate for a seat on the council shall submit a petition supporting his/her candidacy to the city manager (or, for :he initial election, to the Supervisor of Elections of Collier County) containing valid signatures of city electors equal to 1 percent of the number of city electors registered in the last g~neral election for the respective office sought. (b) Each candidate for the office of city council shall be a qualified elector of the city as provided in section 5.01. 7 CODING:Words ~ are deletions; words underlined ENROLLED 1997 Legislature HB %729, First Engrossed 7 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 (c) Each candidate for city council office shall have been a resident of the city for a minimum period of i year prior to qualifying for office. (d) If elected, the council members shall maintain residency throughout his/her term of office within the boundaries of the city. For the initial election, following the referendum approving the creation of the city, candidates for office shall qualify as provided in section 3.02(1) and section 5.03 where that section does not conflict with section 3.02. Thereafter, candidates shall qualify as provided in sections 3.01 and 5.03. (4) The term of office for council shall be 4 years, except that, in order to provide for the staggering of terms, the initial term of office for the council members shall be as outlined in section 3.02. No person elected as council member shall be able to serve more than two full consecutive terms. Each council member shall remain in office until his/her successor is elected and assumes the duties of the position. (5) At all elections for council, those persons certified as duly elected by the election supervisor shall take office at noon on the Monday following their election. Section 3.02 Initial Election.-- (1) The initial election for council shall be by mail ballot and occur within 70 days from the date of voter approval of the charter referendum. (2) Qualifying for office.--At the initial elcction to be held under this charter, persons wishing to qualify for the initial election of council members shall simply designate the office sought as "council." (a) Qualifying petitions shall be obtained from and returned to the Supervisor of Elections. CODING:Words s-tn-f-ck-e~ are deletions; words underlined JUl',/ 1 7 1 !27 ENROLLED ~9~ Legislature 1729, First Engrossed 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (b) To become a qualified candidate, petitions shall contain valid signatures of city voters equal to i percent of the total number of city electors registered in the last general election. (c) The qualifying period shall commence at noon on the day following voter approval of the charter referendum and shall end at noon on the 30th day following voter approval of the charter referendum. (3) Instructions to voters for the initial council election shall be: To "Vote for no more than seven" in the council (a) races. (b) candidate. (4) (a) No elector may cast more than one vote for any one Determination of winners shall be: In the council races, those seven candidates receiving the highest number of votes shall be elected. (b) Those council members elected at such initial election, upon certification of the results of said election by the Supervisor of Elections of Collier County, shall take office at noon on the Monday following their election. (5) At the first council meeting, those initially elected council members shall determine the staggering of terms for reelection as described in paragraphs (a) and (b); one council member shall be elected chairman by the council and shall preside. One council member shall be elected vice chairman by the council. (a) The three council members receiving the highest number of votes shall serve an initial term ending at noon on the Monday following the second Tuesday of March 2002. 9 CODINa:Words ~ are deletions; words underlined a.re addi.tions. J'JN 17 ENROLLED 1997 Legislature 1729, First Engrossed I (b) The four council members receiving the lowest 2 number of votes shall serve an initi&l term ending at noon on 3 the Monday following the second Tuesday of March 2000. 4 Section 3.03 Salary of Council.--The salary of each 5 council member, except for the chairman, shall be $6,000 per 6 year, payable in equal monthly installments. The salary of 7 the chairman shall be $9,000 per year, payable in equal 8 monthly installments. No increase in the salary, of council 9 members shall be effective until after the next election for 10 each office. 11 Section 3.04 Presiding Officer; Chairman; Vice 12 Chairman.--The council shall, at the first regular meeting 13 after each city council election and the annual anniversary 14 thereof, elect one of its own members to be chairman and elect 15 one of its members to be vice chairman for a term of i year. 16 The vice chairman shall, in the absence or disability of the 17 chairman, have all the power and prerogative and perform the 18 duties of the chairman. The chairman shall preside at the 19 meetings of the council and shall have a voice and vote in its 20 proceedings. He/she will be the liaison officer between the 21 city council and the city manager and city attorney, except 22 when the council is in session. Me/she shall be recognized as 23 head of the city government and by the Governor for purposes 24 of military law. 25 Section 3.05 General Powers and Duties.--All 26 legislative powers of the city shall be vested in the city 27 council, which sba1! provide for the exercise thereof and for 28 the performance of all duties and obligations imposed on the 29 city by law. The council may delegate to the city manager the 30 power to execute contracts, deeds, and other documents 31 approved by the council, and to represent the city in all 10 CODING:Words s-~ are deletions; words underlined are add{~-e ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 agreements with other governmental entities or certifications to other governmental entities. Section 3.06 Prohibitions.-- (1) Holding Other Office.--No former elected city official shall hold any compensated appointive city office or city employment until 4 years after the expiration of the term for which he or she was elected. (2) Members of Council Not to Interfere.--No council member shall direct or request the appointment of any person to, or his/her removal from, office by the city manager or by any of his/her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city except as provided in this charter. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any s~bordinates of the city manager, either publicly or privately. ;thy council member violating the provisions of this section shall be subject to recall as herein provided. Section 3.07 Vacancies, Forfeiture of Office, Filling of Vacancies.-- (1) Vacancies.--The office of council member shall become vacant upon death, incapacitation due to long-term illness, resignation, removal from office in any manner authorized by general law, or forfeiture of the council member's office. (2) Forfeiture of Office.--The council member shall forfeit office if he or she: 11 CODING:Words ~ are deletions; words underlined ENROLLED 1997 Legislature HB 1729, First Engrossed i (a) Lacks at any time during the term of office any 2 qualification for the office prescribed by this charter or by 3 general law; 4 (b) Violates any standard of conduct or code of ethics 5 established by general law for public officials; or 6 (c) Is absent from four consecutive regular council 7 meetings without being excused by the council. 8 (3) Filling of Vacancies.--A vacancy in the office of 9 a council member shall be filled as provided by general law, 10 except that if there are 28 months or less of the term 11 remaining, the council shall appoint by 5/7 vote a 12 replacement. If 28 months or more are remaining the vacancy 13 shall be filled at the next regularly scheduled election. 14 (4) Ex=raordinary Vacancies.--In the event that four 15 or more vacancies occur on the council for whatever reason and 16 by whatever cause, the Governor shall appoint interim council 17 members to fill the vacancies. The newly constituted council 18 shall call a special election as provided in subsection 19 Such election shall be done and the council organized in the 20 same manner as the first election of council members under 21 this charter. 22 Sec=ion 3.08 City Manager to Serve as City Clerk.--The 23 city manager shall serve as clerk of the city and shall give 24 notice of council meetings to its members and to the public 25 and shall keep the journal of its proceedings which shall be a 26 public record. 27 Section 3.09 Procedure.-- 28 (1) Meetings.--The council shall meet regularly at 29 least once in every month at such times and places as the 30 council may prescribe by rule. Special meetings may be held 31 on the call of the chairman or of a majority of the members 12 CODING:Words ~ are deletions; words underlined are additions. £NROLLED 1997 Legislature 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 and, whenever practicable, upon no less than 24 hour's notice to each member and the public. All meetings shall be public. (2) Rules and Journal.--The council shall determine its own rules and order of business and shall have a Journal containing all minutes of meetings. (3) Voting.--Voting, on ordinances and resolutions, shall be by roll call and shall be recorded in the Journal. A majority of the council shall constitute a quorum; but a smaller number may recess from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the city council. No action of the city council except as otherwise provided herein and in section 3.06 shall be valid or binding unless adopted by the affirmative vote of the majority of all council members. Ail council members present shall vote on all matters before the city council except on those matters on which a council member announces a conflict of interest or the city attorney determines that there is a conflict of interest. Section 3.10 Ordinances in General.--The procedure for adoption of ordinances shall be as provided by general law. Section 3.11 Emergency Ordinances.--The council may by a five-sevenths vote enact emergency ordinances without complying with the requirements of section 3.10 or section 10.04. Every emergency ordinance except emergency appropriations shall become effective immediately and shall automatically stand repealed as of the 61st ~ay following the date on which it was adopted, but this shall not prevent reenactment of the ordinance under regular procedures, or if the emergency continues to exist, in the manner specified An this section, An emergency or~4---ce may also be rel~ealed by 13 CODINO~Words ~t-r~are deletions; words underlined are additions. ENROLLED 1997 Legislature 2729, First Engrossed 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. section 3.12 Budget Adoption.--The council shall by ordinance adopt a balanced annual budget pursuant to general law and section 1.01(5) and section 1.01(6}. Section 3.13 Appropriation Amendments During the Fiscal Year.-- (1) Supplemental Appropriations.--If during the fiscal year revenues in excess of those estimated in the budget are available for appropriation, the council may~ake supplemental appropriations for the year up to the amount of such excess. (2) Reduction of Appropriations.--If at any time during the fiscal year it appears probable to the city manager that the revenue available will be insufficient to meet the amount appropriated, he/she shall report to the council without delay, indicating the estimated amount of the deficit, any remedial action taken by him/her and his/her recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent any deficit and for that purpose it may reduce one or more appropriations. (3) Limitations, Effective Date.--No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. (4) Transfer of Appropriations.--At any time during the fiscal year the city manager may transfer part or all of 14 CODING:Words ~ are deletions; words underlined are additions. No. -(f.z JU?I 1 7 1 37 ENROLLED 1997 Legislature }lB 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 any unencumbered appropriation balance among programs within a department, office, or agency and, upon written request by the city manager, the council may transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another. Section 3.14 Authentication, Recording, and Disposition of Charter Amendments, Ordinances and Resolutions.-- (1) Authentication.--The chairman and the city manager shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter amendments have been approved by the electors, the chairman and the city manager shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the charter amendment by the electorate. (2) Recording.--The city manager shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall be periodically codified. The city manager shall also maintain the city charter in current form and shall enter all charter amendments and send certified copies of amendments to the Secretary of State. (3) Printing.--The council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this charter available to the peo91e of the city for public inspection and available for purchase at a reasonable price. Section 3.15 Codes of Technical Regulations.--The council may adopt any standard code of technical reg~lations by reference thereto in an adopting ordinance and such ordinance may amend the code. The procedure and requirements lS CODINQ:Words ~ are deletions; words underlined are No....~ ENROLLED 1997 Legislature HB ~729, First Engrossed I governing such an adopting ordinance shall be as prescribed 2 for ordinances generally except that: 3 (1) The requirements of section 3.14 for. distribution 4 and filing of copies cf the ordinances shall be construed to 5 [nclude copies of the code of technical regulations as well as 6 of the adopting ordinance, and 7 (2) A copy of each adopted code of technical 8 regulations as well as the adopting ordinance shall be 9 authenticated and recorded by the city manager pursuant to 10 section 3.14. 11 Section 3.16 Planning Commission.--There shall be a 12 planning commission advisory to the council. The planning 13 commission shall have such functions and duties as delegated 14 to it by ordinance of the council, which shall include zoning. 15 The planning commission shall consist of no fewer than five 16 unsalaried residents of the city, appointed by the council. 17 ARTICLE IV - ADMINISTRATIVE 18 Section 4.01 City Manager.--There shall be a city 19 manager who shall be the chief administrative officer of the 20 city. The city manager shall be responsible to the council 21 for the administration of all city affairs placed in the 22 manager's charge by or under this charter. 23 Section 4.02 Appointments; Removal; Residency; 24 Compensation.-- 25 (1) Appointment.--The council shall appoint a city 26 manager by a vote of five of the seven council members. The 27 city manager shall serve at the will of the council and shall 28 not be given a fixed term by resolution, ordinance, contract, 29 or otherwise. 30 (2) Removal.--The council may remove the city manager 31 for good cause shown, by the affirmative vote of at least four 16 ....... deletions; words underlined CODING:Words =~ are ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 members of the council] Upon request by the city manager, to be made within 5 days after receipt of written notification of such vote, a public hearing shall be held within 10 days after receipt of such request. After such hearing, the council by affirmative vote of at least four council members shall decide whether to reconsider its previous action. (3) Residency.--The manager need not be a resident of the city or state at the time of the manager's appointment but may reside outside the city while in office only with the approval of the council. (4) Compensation.--The compensation of the city manager shall be fixed by the council. Section 4.03 Acting City Manager.--By letter filed with the council, the city manager may desi~nate a qualified city administrative officer to exercise the powers and perform the duties of manager during the city manager's temporary absence or disability, not to exceed a period of 30 days. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. Section 4.04 Powers and Duties of the City Manager.--The city manager sha11~ (1) Appoint and, when deemed necessary for the good of the city, suspend or remove any city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, or personnel ~ules adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the direction and supervision of the city manager 17 CODINg=Words m~-z-kcd~-~ are deletions; words underlined ENROLLED 1997 Legislature HB 1729, First Engrossed I to exercise these powers with respect to subordinates in =hat 2 officer's department. 3 (2) Direct and supervise the administration of all 4 departments, offices, and agencies of the city, except as 5 otherwise provided by this charter or by law. 6 (3) Attend all council meetings and shall have the 7 right to take par= in discussion, but may not vote. 8 (4) See that all laws, provisions of this charter, and 9 acts of the council, subject to enforcement by the city 10 manager or by officers subject to the city manager's direction 11 and supervision, are faithfully executed. 12 (5) Prepare and submit the annual budget, budget 13 message, and capital program to the council in a form provided 14 by ordinance. 15 (6) Submit to the council and make available =0 the 16 public a complete report on the finances and administrative 17 activities of the city as of the end of each fiscal year. 18 (7) Make such other reports as the council may require 19 concerning the operations of city departments, offices, and 20 agencies subject to his/her direction and supervision. 21 (8) Keep the council fully advised as to the financial 22 condition and future needs of the city and make such 23 recommendations to the council concerning the affairs of the 24 city as he/she deems desirable. 25 (9) Perform such other duties as are specified in this 26 charter or as may be required by the council. 27 Section 4.05 Supervision of Departments.--Except as 28 otherwise provided in this char=er or by general law, the city 29 manager shall be responsible for the supervision and direction 30 of all departments, agencies, or offices of the city. All 31 departments, offices, and agencies under the direction and 18 CODING=Words st'r~ are deletions; words underlined.,ux~-e~... ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 supervision of the manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of council, the manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two or more of them. The city manager shall prepare and enforce personnel policies and shall keep such policies current and in conformity with applicable federal and state laws. These policies shall be approved by the city council. Section 4.06 Administrative Code.--The manager shall develop and keep current an administrative code for the purpose of implementing ordinances passed by the council. Section 4.07 City Attorney.--There shall be a city attorney, appointed by the council, who shall serve as chief legal advisor to the council and city administrators and shall represent the city in all legal proceedings and perform such other related duties as the council may deem necessary. The city attorney may be full time or part time or on retainer as the council may deem necessary. If the position of city attorney is full time, the provisions of section 4.02 applicable to the city manager shall, be equally applicable the city attorney. ARTICLE V - NOMINATIONS AND ELECTIONS Section 5.01 Electors.--Any person who Ks & resident of the city, who has qualified as an elector of this state, and who registers in the procedural manner prescribed by general law, shall be an elector of the city. Section 5.02 Nonpartisan Elections.--All nominations and elections for the office of city council member shall be 30 conducted on a nonpartisan basis. There shall be no 31 designation of the political party affiliation of any nominee 19 CODIN~Words ..... deletions; words underlined ENROLLED 1997 Legislature HB 1729, First Engrossed 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 on any nomination petition or ballo~. All candidates for office must have been city residents for at least i year immediately prior to qualifying. Elections shall be held on the second Tuesday in March of even-numbered years and shall be by mail ballot except in presidential primary years when the election shall be held concurrently with the state primary election unless the state primary election date is changed from March to another month. Section 5.03 Nominations.--Candidates for the city council seats for which there are vacancies shall be nominated no later than the seventh Tuesday preceding the election, and no sooner than the ninth Tuesday prior to the election. Nominating petitions shall conform to state law. Candidates shall comply with state campaign finance laws. Nominating petitions shall be obtained from and submitted to the city manager. Each petition must contain the candidate's name and the office sought; i.e., City of Marco Island Council Member. Filing of a written petition with the designated city official shall be in the following manner~ (1) Any elector of the city may be nominated for election by petition signed by electors of the city not iess in number than i percent of the number of persons registered in the city at the last general election. (2) The signatures shall be executed in ink. The printed name of the signer, date of signing, and the signer's current street address of residence shall be indicated next to the signature. (3) Each candidate's nominating petition must be accompanied by a certification of the Collier County Supervisor of Elections that the candidate had sufficient petitions signed by qualified voters of the city. 2O CODINg:Words ~-~-i~-k'~are deletions; words underlined 4 5 6 7 9 10 11 14 15 17 19 2O 21 23 24 25 ENROLLED 1997 Legislature HB 1729, First Engrossed 27 28 29 30 31 Section 5.04 Form of Ballots.--Unless otherwise stipulated by general law, the council by ordinance shall prescribe the form of the ballot. An ordinance or charter amendment to be voted on by the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice, followed by the word "Yes" and also the word "No" and shall be styled in such manner that "Yes" indicates approval of the measure and "No" indicates rejection of the measure. Section 5.05 Elections.-- (1) The candidates receiving the most votes for the office sought shall be elected. Section 5.06 Canvass of Elections.--For the canvass of votes for any election held pursuant to this charter, except for an election held concurrently with any regular state or countywide election, the canvassing board shall be composed of the chairman or his/her designee if he/she is opposed or incapacitated, the city manager, and the city attorney. ARTICLE VI - INITIATIVE, REFERENDUM, RECALL Section 6.01 Initiative.--The qualified voters of the city shall have the power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or to any ordinances relating to appropriation of money, levy of taxes, or salaries of city officers or employees. Section 6.02 Referendum.--The qualffied voters of the city shall, through the fnitiativeprocess, have the power to 21 CODIN~Words s%~ are deletions; words underlined are EN~OLLED 1997 Legislature HB 1729, FirsC Engrossed 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 propose or require repeal by the council of any adopted ordinance if the council fails to repeal or amend an ordinance so proposed to approve or reject it at a city election, provided that such ordinance shall not extend to the operating budget or any emergency o~dinance relating to appropriation of money, but shall extend to an ordinance providing any single capital expenditure in excess of $250,000. If the proposed ordinance to repeal an existing city ordinance has met the signaturelrequirements of section 166.031, Florida Statutes, council shall repeal or amend the ordinance rather than place it on the ballot for a vote by the qualified electors. Section 6.03 Recall.--Recall of elected officials shall be as provided for by general law. Section 6.04 Commencement of Proceedings.--Any five qualified voters may commence initiative and referendum proceedings by filing with the city manager or other official designated by the council an affidavit stating they will constitute the petitioner's committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioner's committee ia filed, the city manager or other official designated by the council shall, at the committee's request, issue the appropriate petition blanks to the petitioner's committee at the committee's expense. Section 6.05 Petition.-- (1) Number of Sign~tures.--Initiative and referendum petitions must be signed by qualified voters of the city equal 22 CODINg:Words ~ are deletions; words underlined are - 1 4 5 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 ENROLLED 1997 Legislature First Engrossed 23 24 25 26 27 28 29 30 31 in number to at least 10 percent of the total number of qualified voters as of the last regular city election. (2) Form and Content.-=All papers of & petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature sh&11 be followed by the printed name and current street address of the person signing and the date on which the petition was signed. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sough= to be reconsidered. Petitions must be accompanied by certification of the Collier County Supervisor of Elections as to the number of petitions signed by qualified voters of the city. There can be only one signature per petition form. (3) Time for Filing Referendum Petitions.--Referendum petitions must be filed within 45 days after adoption by the council of the ordinance sought to be reconsidered. Section 6.06 Procedure for Filing.-- (1) Process for Petitioning.--City initiative petition proceedings shall commence only after petitioners have filed appropriate papers with the City Manager forming a political ac=ion committee as required by the general election laws of the State of Florida. The format and content of the petition to be circulated shall conform to the requirements of general law for amending municipal charters and the general election laws and administrative rules for initiative petitions. Prior to circulation of any petition, it shall be submitted to the City Attorney for review of the petition's format for technical sufficiency. The City Attorney aha11 provide written comment of that review within seven (7) ~aya. No review as to the legal sufficiency of the proposed amendment'e text is to be undertaken by the City Attorney. The number of 23 CODIN~Words ~ are deletions; words underlined are jun 1 ? ENROLLED 1997 Legislature HB 1729, First Engrossed 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 29 30 31 valid voter signatures are as provided in section 166.031, Florida Statutes. Petitions for amendments of the city charter or proposing ordinances for the city shall be received and considered by council only if acco~anied by a certificate from the county's supervisor of elections as to the number of valid city electors thereon. (2) Within twenty business days after certification of the registered voters is received from the supervisor of elections, the city manager or other official desip~ated by the council shall complete a certificate as to its sufficiency, or, if it is insufficient, specifying the particulars wherein it is defective, and shall promptly send a copy of the certificate to the peti=ioner*s committee by registered mail. Grounds for insufficiency are only those specified in section 6.0S. No petitions shall be circulated which are deficient as to form or compliance with section 6.0S pursuant to the written review by the City Attorney in subsection (1) of this section. If the number of signatures is insufficient, the council shall notify the committee filing the petition and allow 30 additional days for filing of additional petition papers, at the end of which time the sufficiency or insufficiency of the petition shall be finally determined. Section 6.07 Referendum Petition; Suspension of Effect of Ordinance.--When a referendum petition is filed with the city manager or other official designated by the council and deemed sufficient, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (2) The council repeals the ordinance; or 24 C0DING:Wordn st-ri-~-nare deletions; words ~gderlined are JUN 1 7 ENROLLED 1997 Legislature 1729, First Engrossed I (3) After a vote of the city electors on the ordinance 2 has been certified. 3 Section 6.08 Action on Petitions.-- 4 '(1) Action by Council.--Once the certification of 5 valid city electors is received, council shall take 6 appropriate action addressing the sufficiency of the petition 7 pursuant to section 166.031, Florida Statutes. If the 8 petition is sufficient, council shall schedule the item for an 9 election or, if appropriate under section 6.02 of this 10 charter, council may repeal or amend an existing ordinance 11 thereby negating the need for an election. The council, in 12 its discretion, may schedule the matter at either the next 13 city election or a special election. If the petition is to 14 repeal an ordinance, council shall determine whether or not to 15 repeal or amend the existing ordinance at the next regularly 16 scheduled council meeting following the determination of 17 petition sufficiency. If council, in its discretion, 18 determines not to amend or repeal the ordinance petitioned for 19 repeal, a special election shall be called not less than 20 ninety (90) days from the date of determination of petition 21 sufficiency. The special election on the repeal of an 22 ordinance shall be by mail ballot unless such election can be 23 scheduled concurrently with a city, county, state, or federal 24 election occurring within that time period. 25 (2) Submission to Voters.--If council decides a 26 special election is to be held, it shall be conducted by mail 27 ballot not less than ninety (90) days from the date of 28 council's determination of the need for a special election if 29 there is no intervening city, county, state or federal 30 election on which this matter could be placed. Passage of the 31 times provided in subsection (1} without action by the council CODIN(;zWords s%~ are deletions; words underlined are additions. JUt, I ENROLLED 1997 Legislature 1729, First Engrossed 1 2 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 shall be considered rejection, refusal, or declination. Copies of the proposed ordinance shall be made available to the voters--either at the polls or by mail ballot, whichever is appropriate. Any petition rejected by the voters may not be submitted again for one year. If repeal of a law iS rejected by the voters, the law shall not again be suspended until repeal is supported by the voters or the council repeals it. (3) Withdrawal of Petitions.--An initiative or referendum petition may be withdrawn at any time prior to the fortieth day preceding the day scheduled for a vote of the city by filing with the city manager or other official designated by the council a request for withdrawal signed by at least four members of the petitioner's committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Any and all costs, including labor, associated with the preparation and acquisition of supplies for the conduct of an election scheduled, but subsequently canceled because of the withdrawal of the petition, shall be reimbursed by the city to the supervisor of elections in full. Section 6.09 Results of Election.-- (1) Initiative.--If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (2) Referendum.--If a majority of the qualified electors voting on a referred ordinance vote against it, it CODINa:Words ~ are deletions; words underlined are additions. ENROLLED 1997 Legislature KB 1729, First Engrossed I shall be considered repealed upon certification of the 2 election results. 3 ARTICLE VII - GENERAL PROVISION 4 Section 7.01 Charter Amendment.--This charter may be 5 amended in accordance with the provisions for charter 6 amendments as specified in the Municipal Home Rules Powers 7 Act., ch. 166, Florida Statutes, as the same may be amended 8 from time to time or its successor, or as may otherwise be 9 provided by general law. 10 Section 7.02 Code of Ethics.-- 11 (1) Public officers, employees, members of licensing 12 or advisory boards, and candidates shall conform to the #Code 13 of Ethics for Public Officials and Employees," Part III of 14 chapter 112, Florida Statutes. 15 (2) Public officers shall file Form 1 with the Collier 16 County Supervisor of Elections annually by July 1. Candidates 17 shall file Form 1 along with their qualification documents. 18 Employees and members of licensing or advisory boards shall 19 file Forra i annually by July I if required by state law. 20 Persons such as attorneys, engineers, certified public 21 accountants, and the like, serving the cityunder contract, 22 full or part time, shall file Form I and Form 3 annually by 23 July 1. In the event that the Florida Code of Ethics is 24 amended or the forms changed, this Code of Ethics would comply 25 with the updated version. 26 Section 7.03 Transitional Comprehensive Plan and Land 27 Development Regulations.-- 28 (1) Until such time as the city adopts a comprehensive 29 plan, the applicable provisions of the comprehensive plan and 30 all existing land development re~/lations of Collier County, 31 Florida, as the same exists on the day the city commences 27 CODINGzWords s~are deletions; words underlined are additions. 17 ENROLLED 1997 Legislature HB 1729, First Engrossed 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 corporate existence, shall remain in effect as the city's transitional comprehensive plan and land development regulations. However, all planning functions, duties, and authority shall thereafter be vested in the city council of Marco Island, which shall be deemed the local planning agency until the council establishes a separate local planning agency. (2) All powers and duties of the Collier County Planning Commission and any Board of Adjustment and Appeals created pursuant to statutes, trade codes, and County Commission of Collier County, Florida, as set forth in these transitional zoning and land use regulations, shall be vested in the city council of Marco Island until such times as the city council delegates all or a portion thereof to another entity. (3) Subsequent to the commencement of the city's corporate existence, no amendment of the comprehensive plan or land development regulations enacted by the Collier County Commission shall be deemed as an amendment of the city's transitional comprehensive plan or land development regulations or shall otherwise take effect within the city's corporate limits unless approved by the city council. Section 7.04 Legislation Review.--The council shall review during and within each even-decadeyear the city charter, the city ordinances and the city resolutions then in existence. Following such review it shall take such action as may be in the best interests of the city in accordance with the provisions of this charter. Nothing herein shall invalidate any charter provision, ordinance, or resolution then in effect. 28 CODING:Words ~cr~k-~are deletions; words underlined are ac ENROLLED '1997 Legislature 1729, First Engrossed I Section 7.05 P~nalties.--Violations of ordinances 2 shall be punishable in accordance with the uniform fines and 3 penalties set by general law. 4 Section 7.06 Severability.--If any article, section, 5 subsection, sentence, clause, or provision of this charter or 6 the application thereof shall be held invalid for any reason, 7 the remainder of the charter and of any ordinances or 8 regulations made thereunder shall remain in full force and 9 effect. 10 ARTICLE VIII - MARCO ISLAND FIRE CONTROL DISTRICT 11 Section 8.01 Dissolution.--Upon the effective date of 12 this charter, the Marco Island Fire Control District, an 13 independent special district created bya special act of the 14 Legislature, shall cease to exist; and chapters 65-1413, 15 78-491, 79-444, 80-595, 82-282, 84-415, 89-456, 90-464, Laws 16 of Florida; sections 8.01-8.07 of chapter 90-457, Laws of 17 Florida; and sections 8.01-8.07 of chapter 93-384, Laws of 18 Florida, are repealed. However, the District shall continue 19 to operate and function as normal until council members have 20 been elected and decide to alter responsibilities or 21 functions. From that date forward, the city shall have, 22 exercise, and enjoy all rights, immunities, powers, benefits, 23 privileges, and franchises now and formerly possessed or held 24 by said Marco Island Fire Control District. 25 Section 8.02 Transfer of Assets.--The assets, 26 liabilities, and contracts of the Marco Island Fire Control 27 District, including all rights, obligations, duties, and 28 relationships now existing by law or agreement, including 29 responsibility to provide fire protection service to the area 30 of Marco Island known as Goodland, shall be unaffected and 31 shall remain in full force and effect and shall become those 29 CODING:Words ~ are deletions; words underlined are additionsL 17 ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 of the City of Marco Island. All rights, claims, actions, orders, and all contracts between the special district and district personnel, and all legal or administrative proceedings involving the district, shall continue in full force and effect under the Jurisdiction of the City of Marco Island. Section 8.03 Transfer of Resolutions and Policies.--To the extent not inconsistent with this charter, all resolutions and policies of the Marco Island Fire Control District shall remain in effect until amended, revised, or repealed by the city council. Section 8.04 Transfer of Services.--Fire protection services to the area formerly served by the Marco Island Fire Control District shall thereafter be a function of the City of Marco Island. Service to the area known as Goo~land, outside the boundaries of the city, will be provided in accordance with an intergovernmental agreement with Collier County. Section 8.05 Transfer of Personnel.--EmPloyees of the Fire Control District shall become employees of the city, and all rights as to vacation, sick leave, pay grades, retirement, insurance, and similar personnel benefits shall be preserved until such time as rules, regulations, and personnel procedures have been established by the city. Section 8.06 Establishment of AdvisoryBoard.--Those elected Fire Commissioners of the Marco Island Fire Control District currently in office shall continue aa an advisory board of the city until the expiration of their terms of office. Section 8.07 Further Provisions bY Ordinance.--Such further provisions as are deemed necessary to effect this 3O CODIN~=Words ~ are deletions; words underlined are ad( ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3O 31 transition and to provide for the operation of the Marco Island Fire Department shall be provided by ordinance. ARTICLE IX - STATE-SHARED REVENUES AND LOCAL OPTION GAS TAXES Section 9.01 City Participation in State-Shared Revenues Programs and Local Option Gas Taxes.-- (1) It is recognized that the services provided by independent districts within municipal boundaries provide essential services which would customarily be provided by municipal government. It is therefore declared that the City of Marco Island shall be eligible to participate in revenue-sharing beyond the minimum entitlement in any fiscal year, provided that the City and all independent special districcs created under special law, combined, levy ad valorem taxes in amounts as required by section 218.23, F.S. (2) State-shared revenues.--The City of Marco Island shall be entitled to participate in all shared revenue programs of the State of Florida effective immediately on the date of incorporation. The provisions of subsection 218.23(1), F.S., shall be waived for the purpose of eligibility to receive revenue sharing funds from the date of incorporation through the state fiscal year 1997-1998. For purposes of meeting provisions of subsection 218.23(1), F.S., relating to ad valorum taxation, the millage levied by special districts within the corporate limits of the City may be used for an indefinite period of time. Section 218.26(3), F.S., shall be waived for the 1997-1998 state fiscal year and the apportionment factors for them unicipalities and counties shall be recalculated pursuant to s. 218.245, F.S. Initial population estimates for calculating eligibility for shared revenues shall be determined by the University of Florida Bureau of Economic and Business Research. Should the Bureau 31 CODINg:Words st~ are deletions; words underlined are ENROLLED 1997 Legislature HB 1729, First Engrossed 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 be unable to provide an appropriate population estimate, the Collier County Department of Community Development shall provide an appropriate estimate. (3) Local Option Gas Taxes.--Notwithstanding the requirements of Section 336.025, F.S., to the contrary, the city of Marco Island shall be entitled to receive local option gas tax revenues beginning October 1, 1997. The said revenues shall be distributed in accordance with Section 336.025, F.S. ARTICLE X - TRANSITION SCHEDULE Section 10.01 Referendum.--The referendum election called for by this act shall be held within 120 days after approval by the State Legislature and, in any case, no later than September 1, 1997, at which time the following question shall be placed on the mail ballot: INCORPORATION OF THE CITY OF MARCO ISLAND "Shall HBIT~ as enacted by the 1997 Legislature creating a city of Marco Island and providing for its Charter, be approved?" [] YES [1 NO In the event this question is answered aff~rmativelybya majority of the voters voting in the referendum, the provisions of this charter shall take effect in accordance with this transition schedule. Section 10.02 Conncil Election.--The timing and schedule for the initial eleot£on is described in section 3.02. The expense of such election shall be repaid by the city within 12 months. Section 10.03 Schedule.-- 32 CODING:Words ~ are deletions; words underlined are aC ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 (1) First Council Meeting.--The organizational meeting shall be held on the first Tuesday following the election at 9:00 a.m. at the Frank Mackle Community Park, Marco Island. The city council shall organize in accordance with the provisions of Article III of this charter. (2) The newly elected council members will promptly appoint an acting city attorney. (3) Terms of Office of First Council.--Council members elected pursuant to this section shall hold office until their successors are elected in the elections for city offices called, pursuant to section 3.01. Section 10.04 First-Year Expenses.--The city council, in order to provide moneys for the expenses and support of the city until such times as a budget is adopted and revenues are raised in accordance with provisions of this charter, shall have the power and authority to borrow money by resolution of the city council upon notes or other obligations of the city; but in no event shall such borrowings exceed $750,000. Section 10.05 Transition Ordinances.--The council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within 60 days of the first council meeting under this charter for the purpose of facilitating the transition may be passed as emergency ordinances following the procedures in Article III, except that transition ordinances shall be effective for up to 90 days after enactment. Thereafter, such ordinances nmay be readopted, renewed, or otherwise continued only in the manner prescribed for normal ordinances in Article III. Section 10.06 County Ordinances and Services Bring Transition Period.-- 33 CODIN~zWords ~are deletions; words underlined are a ENROLLED 1997 Legislature I~B l?Rg, First Engrossed I (1) Pursuant to Article VIII of the Florida 2 Constitution, the ordinances, rules, and regulations of 3 Collier County shall continue to be in effect within the 4 boundaries of the City of Marco Island, except that a county 5 ordinance, rule, or regulation in conflict with an ordinance, 6 rule, or regulation of the City of Marco Island aha11 not be 7 effective to the extent of such conflict. Any existing Collier 8 County ordinances, rules, and regulations, as of the date this 9 charter is approved, shall not be altered, changed, rescinded, 10 or added to, nor shall any variance be granted thereto insofar 11 as such action would affect the City of Marco island, without 12 the approval of the city council. Collier County is 13 authorized to continue to provide all Municipal Service Taxing 14 District ("MSTD") and/or Municipal Service Taxing Unit 15 ("MSTU") services budgeted to be provided, as of the date this 16 charter is approved, unless the city council of Marco Island 17 votes to terminate any or all such services. 18 (2) If the city council of Marco Island terminates any 19 MSTD and/or MSTU service, from that date forward, the city 20 shall have, exercise, and enjoy all rights, immunities, 21 powers, benefits, privileges, and franchises now and formerly 22 possessed or held by said MSTD and/or MSTU. T~e assets, 23 liabilities, and contracts of said MSTD and/or MSTU, including 24 all rights, obligations, duties, and relationships now 25 existing by law or agreement, shall be unaffected and shall 26 remain in full force and effect and shall become those of the 27 City of Marco Island. All rights, claims, actions, orders, 28 and all contracts between the terminated MSTD and/or MSTU and 29 key personnel, nnd all legal or administrative proceedings, 30 shall continue in full force and effect under the Jurisdiction 31 of the City of Marco Island. To the extent not inconsistent 3% CODING:Words =%'~ are deletions; words underlined ENROLLED 1997 Legislature HB 1729, First Engrossed 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 27 28 29 30 31 with this charter, all resolutions and policies of the terminated MSTD and/or MSTU shall remain in effect until amended, revised, or repealed by the city council. section 10.07 Effect of Incorporation on Certain Existing Indebtedness.--Nothing in this act shall affect the obligation of the city, or any property owners therein, for their rightful share of any indebtedness incurred through the Collier County Public Park and Recreation Municipal Service Taxing Unit or the Marco Water and legally due as of the date Section 10.08 Deletion Items.--The council shall have from this Article any section, events to which the section to applicable have occurred. and Sewer District in existence of incorporation. of Obsolete Schedule power, by resolution, to delete including =his one, when all be deleted is or could become Section 10.09 This act shall take effect upon approval of a majority of the registered electors residing within the proposed corporate limit and voting in a referendum election as provided in section 10.01, except that section 10.01 and" this section shall take effect upon becoming a law. CODING~Words ~ are deletions; words underlined QI~: To appoint I member.to ~tlfill the remalnder ora vacant tem~ expiring on December 31, 2000, on the Library Advisory Board. ~: The Library Advisory Board has I vacancy due to the r~slgnallon of Martha Gordon, r~presenting Commission District $. Ms. Gordon was appointed on Sanuary 14, I997, for a 4 year term expiring on December 31, 2000; how,~-r, she resigned on February 27, 1997. This $ m~nb~r board advises the Board of County Commissioners on the operations and proposed budget for the Collier County Library System. T~rms sr~ 4 y~rs. A list of the current membership is included in the backup. A press rdease was issued on April 11, 1997, with a deadline of May 2, 1997. Resumes w~re r~ceived fi.om the following 2 interested citizens: Dee E. Siemianow~ki 5 yes Diane Williams 5 yes Diane Williams NONE ~: NON~ ~: That the Board of County Commissioners consider the recommendation for appointment; appoint I member to fifl~ the rtma/nder of the vacant term; and, dir~t the CoUnty Attorney to pr~h-e a resolwion confuming the appointments. Prepared By: Sue Filson, Admin/strat/ve Assistant Board of County Commissioners Agenda Date: J'unc 17, 1997 AGEND~ lT~rl~ ~ NO · __~.~..~ JUl ! 7 Pg._....~ Library Advi o j Board 1Varne ~o~ L L~ ~0~ O~/~ l~ 94 S~ond S~t Sou~ Napl~, FL 3410~ C=t~o~: 6508 ~om~ Jeffemo~ Co~ 592~180 1/I~ 1~1~ Nap[es, FL 34108 C~go~: ~ Go~our~~e~ ~'~ I 1802 ~ V~I~ Way Naples, FL 34119 D~icc 5 Sy~ey S. Me~g~ 1200Lu~Co~ ~2~3 I~13~ 1~ ~o Islm~ FL 34145 Catego~: Sab~ M~i ~70 3~d Aveaue, S.W. Napl~, FL 34116 D~t: C~ego~: Commi~ionen on ~e o~m~ns Mem~m am ~m~ of 5 ~m~ mquir~ ~ file a Fo~ ! S~nt of El~ons. Te~s am 4 ye~ Sta2T: John Jones, Friday, F~bruaty 21, 1997 SydneyS. M¢llinger 1200 Ludlam Court Marco Island, Florida 134145 May 29, 1997 Ms. Sue Filson, Administrative Assistant Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida, 34112 Dear Sue: At the Library Advisory Board meeting held Hay 28~h, the Board voted =o recommend ~he appoin~ment of Diane Williams to the vacancy on the LAB. O~/r decision was based on her long time commitment to Immokalee and her evident interest in the library system as witnessed by her volunteer work at the Immokalee Library Please be so kind as to schedule the appointment on the BCC agenda as soon as possible as our next meeting is scheduled for June 24th. Sydney S. Mellinger, Chairman Library Advisory Board cc: Commissioner Barbara Berry JUN 1 7 t~97 [~ £ M O R A N D U IV[ F~.CEIVED .flAY ? 1997 DATE: May 5, 1997 TO: FROM: Vinell Hills, Elections Office~/~,,.l Sue Filson, Administrative Assistant ~:~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following [ndlvlduals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant re~ides. LIBR, At~y ADVISORY BOARD 6. Dee Siemianowsld 982 Honeybee Drive Naples, FL 34120 COMMISSION DISTRICT Diane Williams Rt. 2, Box I g Immokalee, FL 34142 Thank you for your help. " AGEN .o. JUN 1 7 1997 MEMORANDUM DATE: TO: FROM: May 5, 1997 John .lones, Library Director Sue Filson, Adminislrative Asslstan.'~.'~" Board of County Commissioners Librar~ Advisor)' Baord As you know, we currently have 1 vacancy on the above-referenced advisory committee. A In'ess release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Dee Siemianowski 982 Honeybee DHve Naples, FL 34120 Diane Williams Rt. 2, Box 18 Immokalee, FL 34142 Please let mc know, in writing, the recommendation or'the advisory committee for appointment md I will prepare an executive suramary for the Boal'd's consideration. Plesse este~ortze the applicants in areas of expertise. Ii'you have any questions, please call me at 774..8097. Thank you for your anention to this matter. SF Attachments JUN 17 1997 COLLIER COUNTY PUBLIC SCHOOLS R5 .C.~tVED ADULT & COMMUNITY EDUCATION BETHUNE EDUCATION CENTER 614 South Fifth Street Immokelee, Florida 33934-439g (941) 657-2351 (941) 657-1955 FAX :1997 April 28, 1997 To Whom It May Concern: I am interested in serving on the Collier County L~rary Advisory Board for District 5. I have lived and worked in the Immokalee area for the past 20 years. I have also been very involved in providing l~rary service~ for those children and adults who are traditional hard to serve. Thank you for your consideration. Sincerely, Dee Siemianowski Instructor, Adult Education Enclosure: resume JUN ! ? 1997 Dorothy (Dee) Siem/anowski 982 Honeybee Drive Naples, Flor/da 34120 941-657-4658 Married: Husband, Thomas Daughters, Aimee and Patti Degree: Associate of Arts Major:. Education Miami Dade Junior College - Miami, FL September, 1965 to June, 1967 Degree: Bachelor of Science Major:. Elementary Florida Atlantic University- Boca Ratorb FL Education September, 1967 to June, 1969 Degree: Master of Scienc~ Nova University - Ft. Myers, FL September, 1983 to December, 1984 Major:. Adult Education September, 1969 - J'une, 1972: Elementary School Teacher, Dade County Public Schools. November, 1976 - Present: Adult Education Instruaor, Collier County Public Schools. Civic and Professional Activities: Florida Atlantic University Ctur/culum Project Collier County Parks & Recreation Gifts Softball Coach Superintendent's Advisory Committee Immokalee Park Committee 1977-79 1977-85 1984-85 1986-87 RECEIVED APR 2 5 ~997 13 OR~I'I IS RE i '~, " , ~.~ ~,. ,.~...~ ss.~ner~ MMOKAL[tlr, FI.. 33934 April 23,1997 Dear Ms. Filson. I am applyins for the vacant poeition on the Collier County Library Advisory Board. I have lived in Immokalee since 1956. Z am · ~fe and home.kef, and am actively involved in our f~ly lam business~ ~illia~ Fam. I hav~ four children and living in ~he Collier and Lee ~un~y I hav~ a Boch~lor o~ ~s g~ in lis~o~ tr~ ~h~ Univarsi~y of Sou~h Florida. l Naples Co~ni~y Eospt~al, Eospice, and ~ cu~en~ly volunceer/n~ · ~ ch~ I~ohl~ Llbrau. I understand ch~ I~hl~ the ldviso~ Board. and I ~uld Ippr~cia~ ~h~ co fill c~c need. ~n~n~ you for your Diane Williams Rt. 2 Box 18 I~okalee, Florida 34142 Phone, 911-657=&171 JUN 1 ? 1997 Pg. ~ ..:. RECEIVED Board of Count) Commis~:.:ner~ EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER AN APPLICATION FOR A CABLE FRANCHISE SUBMITTED BY MARCO ISLAND CABLE, INC. OBJECTIVE: To considcr a Cable Franchise Application which has been submitted by Marco Island Cable, Inc. CONSIDERATION: An Application for a Cable Franchise was submitted by Marco Island Cable, Inc., on March 18, 1996. After initial review, staff'felt gm Mdifional documentation and information must be supplied to the County before the Application could go forward. On April 28, 1997, a completed application was delivered to the Office of Franchise Administration. On May 2, the Office of Franchise Administration submitted to the Bo~xl of County Commissioner~ a copy of the completed Application, along with its recommendation regarding request for a Cable Franchise submitied by Marco Island C~le, In~. Although the Office did not give a tohally unqualified endorsement to the Appli~tion, the County Manager's Office, through its Office of Franchise Adm/nistration, nevertheless recommends that a Cable Franchise be awarded Marco Island C~le, Inc. Subsequently. pursuant to Ordinance No. 88-90 a~ ~mended, the Board approved on May 6, 1997, a recommendation by mffto publish a notice ofcons/deration of a Cable Television Franchise in the Naples DailyNe~. Th~ notice ~mounced tlm the Board of County Commissionem would hold a public h~rlng on tbe m~tter om Juno 17, 1997 at I:00 PM. In accord with Ordinanc,~ No. 88-90 ,, -memded, ~h~ m~tico al~o ~d th~ ~ny written reports, studies or materials to be con~dered by th~ Bored ~ the Public He,ring had to be submitted by 5:00 P.M., on May 26, 1997. No written reports~ stndles or materials were received. GROWTH MANAGEMENT IM~PACT: None FISCAL IMPACT: The County will continue to receiv~ Franchi~ Fee~.4 five percent of"C, ro= Revenuez" as specified in the Agreem~ ~i in Ordinanc~ No. as amended. RECOMMF. NDATION: The recommendation is in three paris: A. That the Board approve the Cable Franchise Application after making tho following findings of fact in accordance with Section 3.6 (a) of Collier County Ordinance No. 88-90, as amended. ~ FINDINGS OF FACT: : I. That thc record doe~ r.=,t ~nd~catc say significant negative economic impact on the surrounding properties in thc fi-anchisc area. Moreover, the expected economic benefits obtained by having a second cable operator serve thc franch~ area nt~ear to outw~ any negative impact that may result f~om construction and maintetmnce of the physical 2. Competition ~ng ~ ~g a second ~,~chisz has the potential to result in lower ra:~s, improved programming choice, and better customer service. 3. That adequate public rights-of-way exist for the proposed system. (See Attached) 4. The propo~l system should not ura-ea$onably interfer~ or impede existing or futt~ uses oft.he public fights-of-way. 5. There ia no indication that there will be significant disruption to ea~ting users oftbe public fights-of-way other than the normal disruption e. ansed by constmc~on of the 6. The projections provided by Ma'co Island, Inc. and the secm~ capital indica~ that the applicant has thc financial ability to perform and to make necessary investment to erect, operate and maintain thc cable system. 7. Marco Island Cable, Inc., has been Olm'ating a system for ~z past three years. Such r, ervicc bas been acceptable reg~ting customer service. The proposed Franchise Agreement includes provisions to ensure that satisfactory setwice will be provided. 8. Thc location and type of permanent ~ties latOposed to be ~ by ~ Island Cable, Inc., conforms to the legal requiremen~ of County Ordinance ~o. 88-90, as mended; and the proposed Frmchise Agreement provides significant mechnfisms for ~. The technical quality md completeness oftbe proposed plm for operation of thc cable symm are cnsu:~d by the substantial economic incenti~ to Ptovlde a sYmm em delivers acceptable quality of service to its subscn'ber$. The past three ~ ~ provided ~ evidence of this incentive. Moreover, ~he ~ of~on quality of service. 10. From all evidence there is nothing to indicate that the spplicant does not have the legal character, financial, technical and other qualifications necessm'y to construct, own and operate the proposed cable system. 11. It is desirable to promote competition in the Cable Television indastry to promote diversity of information and provis;'m of high quality cable television services at the lowest economic price provided such does not result in ~le disruption of private and public property by multiple cable operations. B. That the Board approve the Cable Franchise Application ~s submitted with following changes: 1. The Franchise area be larger than the area proposed by Mm-co Island Cable, Inc., and that the added territory be exclusively or primarily single family homes. The proposed enlarged area is depicted on proposed Exlu'bit "A" of the Franchise Agreement. 2. The term ofthe FrancMse I~ seven (7) years, tennina~g in June, 2004. C. Authorize the Chairman to execute the Franchise Agreement, al~er final approval of thc Agr~ent by thc County Attorney, ~ubject to pos~'ble m~_' _nor, non-substantive clarifications. Prepaid by: Revi~ved by: Approved by:. ~Jean Mm'itt, Manager Offic~ of Franchlse Adr~~ c. t'A- Thom~ C. Palmer A~i~ant County Attorney Michael A. McNe~ DATE: TO: FROM: Sune 4, 1997 lean Merritt, Manager FrancMsc Administration David F. Bobanick ~ Intecim Transporf~on Direcfor Utility Accommodation - Collier County Rights-of-way in the Marco Island Area In r,~aonse to your request this date, subject as above, Staff has reviewed ihe proposed location of cable line installations mad confirms adequate right-of-way for ~ach installation, subject to permitting, in accordance with Collier County Ordinance No. 93-64. If we may be of further azsistanc~ in the above matt~, plea~ conta~ thi$ office at 774-8494. mk/g:C~ml Cot F-ranchis~ Ofc lafo.doa Ed Ilschner Edward $. Kant, P.E. I 2 4 $ 7 9 I0 !1 12 13 14 15 17 19 2O 21 22 23 24 25 25 27 211 29 30 31 32 State of Florida - Collier County MARCO ISLAND CABLE, INC. CABLE TELEVISION FRANCHISE DATE: June 17, 1997 This Cable Television Franchise. issued by and between the Collier County. a Florida non- charier county, and Marco Island Cable, Inc., a Florida Corporation, hereinafter Grantee. WHEREAS, the County of Collier, hereinafter referred to u "County" or"Grantor", desires to assure the widespread availability of Cable Services within the County to promote commerce and otherwise further t~e public interest; WHEREAS, the County is the owner of certain street gghts-of-way; WHEREAS, the County has, following reasonable notice, and a~er 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, the 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 feasn'ble in view of the needs and requirements of the area to be served by the respective Cable System; WHEREAS, the County has det~,u~ned that it is in the best interest of'and consistent with the public convenience and necessity oflts residents to grant a franchise to Cn'antee to operate a Cable System within the specified franchise area wit/~n Collier County and on the terms and conditions hereinafter set forth; and, WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-palt cables along portions ofthe County's tight-of-way. Section 1. Findings rivate . . -- ....~ wet? _considered: (i) lhe economic' 4o p _ property w~h,, the County;, (i0 the lie need for . :. ~qx, n · · pub ~ m 41 public nghts-of-way to sccommodate th ,-,~,l,. ,,,,~--.../'- · a._ ~-('-I!l') file c3q3acny of --- e .... .,-"-~, v,,/mc lm:a~at and rutm'e nsc of~l~ ! 2 4 ? $ 10 I! 12 14 15 16 17 19 2O 21 22 23 24 29 3O 3t 32 33 35 38 39 40 41 42 43 public rights-of-way to be used by the cable system; (v) thc potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise applicant to perform; (vii) the experience of thc applicant in thc erection, operation and maintenance ora CATV' system, (viiO technical quality and completeness of the proposed plan for operation of the cable system, (ix) the legal, character, financial, technical and other qualifications necessary to construct, own and operate a cable television system, and (x) other societal interests as are generally considered in cable television franchising. The Grantor has determined to grant a cable television fi'anchise to Marco Island Cable, Incorporated on the terms and conditions s~t forth in this Agra-merit NOW, THEREFORE, the parties agree as follows: Section 2. Definitions For the purposes 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 present tense include the future tense, words in the plural include the singular, and words in a particular gender shall include each of lbo other gender. The words "shall' and 'must" are always mandatory and not merely directory. 2.1 "Access" shall megm the availability of the cable system for use by various agencies, institutions, organizations, groups and individuals in the community, including the County and its designees of the cable system to acquire, create and distn'bute programming not under the Grantee's editorial control, including: 2.1.1 2.1.2 2.1.3 "Public Access" shall mean access where organizations, groups, or individual members of the general publie, on a non-discriminatory basi~, are the primary or designated programmers or users having editorial control over their progranuning; "Educational Access" shall mean access where schools are the primary or designated progranmaers or users having editorial control over their programming;, "Governmental Access" shall mcan access where governmental institutions or their designees are thc primary or designated programmers or user~ having editorial control over their programming, and 2.1.4 "PEG Access" shall mean public access, educational access, and governmental access, collectively. 2.2 "Affiliate," when used in relation to any person, shall mcan another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. I 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 41 42 43 2.3 2.4 2.5 2.6 2.7 *'Basic Cable Service" er "Bade Service" shall mean any service tier which includes the rctransmission of local television broadcaut signals and access channels. Th~s definition shah be deemed 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 ofpersens: 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 re~'pons~le for, through any arrangement, the management and operation of such a Cable System under a Franchise with Colli~r County. "Cable Servfce" shall mean: a) the one-way transmission to Subscn'bers of (a) video programming, or other programming ~-rv~ce~ and, b) subscn'ber interaction, if any, which is required for the selection or use ofsuch video progranuning 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 subscn'b~rs within a community, but such term does not include: a) a facility that serves only to retransmit the television signals ofone (1) or more television broadcast stations; b) a facility that serves subscn'bets without using any public tight-of-way; c) a facility ofcommon carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §201-226, except ~ such facility shall be conside~ a cable system (other than for purposes of 47 USC §$41(c) to the extent such facility is used in the transmission of video programm~g directly to Subscn'bers; and d) any facilities ofan electric utility used solely for opeming its electric utility system. "Channel" shall mean a 6 ~ band of analog frequencies, or future encoding ~? 2O 2! 24 25 34 37 4O 4! 43 I 2 3 4 5 6 2.8 ? 8 9 2.9 10 2.10 standard, in the electromagnetic spectrum (or any other means of transmission, including but not limited to optical fibers, which is capable of carrylng the equivalent signal or signals), and includes uses of all or any portion of such band of frequencies for digital video/television signals. "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. "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. 2.11 "FCC" ah'ali mean the Federal Communications Commission or any successor agency. 2.12 "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 ), ismed by the County, whether such authorization is designated u a Franchise, permit, license, resolution, contract, certificate, agreement, or otherw/se, which authorizes the construction or operation ora Cable System but neither supersedes nor ~alces the place of any license, license fee or permit authorization which might otherwise be required/'or the privilege of wansacting business within the County. 2.13 "Franchise Fee" shall mean an annual fee offive percent (5%) of Grantee's Gross Revenues paid/'or the use and occupation of thc County's rights-of-way and for other purposes. 2.14 2.15 "Grantee" or "Franchisee" or "Company" shall mean theperson, firm, or corporation to whom a Franchise, as herein above defined, is granted by the County and any lawful successor, transferee or assignee of said person, fu'm, or corporation. "Gross Revenues" shall mean all revenue encumbered at the time ofsale (billing) by the Grantee, arising from or attn'butable to the sale ofcable television video or audio program services, video text services and video games provided by Grantee within the County or derived from its operation within the County. a) Such r~enue includes, but not limited to fees charged to subscribers for:. I) any video and/or audio program servie~, 2) installation, disconnection, reconnection or service maintenance agreements; and 3) equipment rental. 4 ! 2 $ 6 7 $ 9 10 I1 12 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 37 39 41 42 2.16 2.17 2.18 2.19 2.20 2.21 2.22 b) Revenues derived from: l) leased speetmm, 2) advertising sold by cither Ihe Grantee or its agent, 3) signal carriage (e.g. home shopping services; marketing, launch and rctransmission) agreements. The sum of'the aforementioned shall be the basis for calculating the Franchise Fee imposed pursuant to Section 6 herein. Excluded are rcvenues related to: I) refunds; 2) bad debt; 3) equipment deposits (e.g. customer terminal devices); 4) any sales, excise or other tax collected by Grantee on behalf of any governmental unit; 5) reimbursements for expenses (e.g., returned check fees, and copy expenses); or 6) items excluded by local, state or federal law. Notwithstanding the foregoing, the revenues received by the Grantee £or the provision ot data transmission, point to point telecommunications, telephone or telephony services, fi'anchisc fees or other right of way use fee shall bc included in the gross revenue basis only to the extent permitted now or hereafter by law. "Initial Service Area" shall mean that geographical area bounded by Marco Island with/n the unincorporated limits of the County as of the date ofaccep~nce of this Franck/se. "Interactive on-Demand Services" shall mean a service providing video programming to subscribers on an on-demand basis, but does not include scxvices providing video programming pre-scheduled by the programming provider;, "Institutional Network or I-Net'shall mean a commtmication network for the provision ofvldeo services, voice transmissions and data transmissions which is generally available only to subscribers who are not residential subscribers; "Other Communications Service" shall mean information audio, video, data, telephony, Internct access, text service, electronic communication (e-mail), or any other lawful service that Cable Operator makes available for purchase by Subscn'betr, "Person" shall mean an individual, partnership, association, limited liability company, joint stock company, mist, corporation, or governmental entity;, "Public, Educational or Governmental Access (PEG) Use or Programming" and other similar formulations ofthese terms shall mean non-commercial and/or not-for-profit usc by education, government and public (community) television providers ofcharmcls on the cable system to convey information to the public. "Public Buildings" shall mcan public supported K-12 schoo~ Federal State, County, County and Town govcmment owned or leased buildings. I 2 4 $ 6 7 8 9 10 I1 12 13 14 15 16 17 Ig 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 2.23 "Public, Educational, or Governmental Access Facilities" shall mean: 2.24 2.25 2.26 2.27 2.28 Section 3.1 a) channel capacity designated for public, educational, or governmental use; and, b) facilities and equipment for the use of such channel capacity. "Public Way" or "Rights-Of-Way- shall include the surface, the air space above the surface, and the area below the surface of'any public street, avenues, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares, viaducts, waterways, greenways, utility easements, and other publlc property now et hereafter held by the County or the State which shall entitle the County and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's Cable System. No re£er~nce her:in, or in any franchise, to the "public way" shall be deemed to be a repre.sentatmn or guarantee by the County that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use o£such terms, be deemed to gain only such fights 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 I4 business days for all non financial related matters and thirty (30) business days for financial matters. "Residential Subscrfber" shall mean a subscn'ber 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 any portion of the Cable Service ora Grantee pursuant to this Franchise. "Service Tier" shall mean a category of Cable Set,ce or Other Communications services provided by a Cable Operator and f'or which a separate rate is charged by the Cable Operator, 3. Franchise Territory and Initial Service Area The cable television francMse granted under this Section shall be limited to the geographic area of thc County to be served by the franchise Grantee, and the specific public ways necessary to serve such areas. The cable television Grantee shall not exclude from its services any high-cost (per customer) area, any rural location, or any person based on that person's income AGEND.~ITE~. ~ JUN I 7 1997 I 3.2 2 3 4 6 7 8 4.1 10 I1 12 4.2 I3 14 !$ 16 I? 4.3 19 2O 4.4 21 23 24 25 26 27 28 29 30 31 32 33 36 37 38 39 4O 41 42 43 The Grantee's Initial Service Area is part of Marco Island, Florida. ARached as Exhibit A and incorporated by reference as if fully set forth herein, is the Grmtee's application to serve Marco Island's government, commercial, business and residential properties on part of Marco Island. Section 4. Nature and Terms of Grant County does hereby' convey to the Grantee a site specific fi-anchise to eomtmet and operate a Cable System, ming owned and/or leased facilities, wl~ch may be located in the County rights-of-way. Notwithstanding, Gr~tee may, in its sole discretion, elect to lease trna' optlg eoatlal and multi-pair cable and other cable communication facilities or inolrtm re'vices from ~ County franchised providers of Cable Servic~ to support the operation ofits ~ System. Thc franchise granted herein shall run for · term ofseven ('7) years acceptance by grantee. Public Rights-of-Way use conditions. 4.4.1 All facilities shall be constructed, installed and Ioca~ ia following terms and conditions:. 4.4.2 Grantee to locate and identify its ca~le television ~ within I~ pub~ rights-of-way. 4.4.3 The County reserves the right, upon ~le notice, ~o ~ ~:e C, mm~ at its expcme to protect, support, temporarily diseomeet, aflome ~r remov~ titan ~ County's $a'eet any property of the Grant~ by m~on oflra~ ~on~tlom, lmbli¢ public ~ent. ~le notico for this pmvis~ means st least ninety (~) days, excct~ in ~e case ofmmX, e~ wlzre no ~c not, co period ~ Grantee with respect to minimfmn' g disruption to the Cable System, where public works projects may affect the C.-rantee's cable system. O2 3 4 $ 6 7 9 I0 11 12 13 14 15 16 17 19 20 21 22 O23 24 25 26 27 28 29 3O 31 33 34 35 37 38 39 4O 41 42 43 4.4.4 4.4.:5 4.4.6 4.4.7 4.4.8 4.4.9 4.4.10 Cable T¢lcvislon facilitlca shall be installed within an existing underground duct or conduit whenever available excess capacity then exists within such utility facility at a reasonable me to Franchis~ Fnmchlscc shall install its tel___~x~nmunications facilities on pole ar~chrmm~ to existing utility poles only, and lhcn only ifsurplus pole space is then available to that ~mchisee. Whenever any existing electric utility, cable facility or telecommunications facility is located undergrotmd within a public way ofthe County, a franchisee with permission to occupy the same public way must locate its cable tclevisio~ facilities underground at no cost to the County. Whenever a public way exists to accommodate the Grantee's system, thc Grantee shall not locate its facilities offthe public fight ofway and shall make every effort to locate its telecommunications facilities within the public way before seeking private caserncnts within the County. The Grantee, at no cost to the County of the State, shall relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. The Grantee shall locate, place and construct its telecommunications facilities so as not to unreasonably intcrfcr~ 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 wifl~n 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 fi'om the completion ofthejob, readjust, fill and finish the same as may tm necessary due to settling ofthe earth associated with the Grantee's disruption of the public way. Whenever installing new cable system fac:~itles shall exhmm the capacity of existing ducts, conduits, manholes axl other facilities within a public ~ or or facilities, thc Grmtee shall at I~t time provide additional ducts, cond~t.~ F~ i~ entitled to receive rcasomb~ compenufion for ~.e of mc.h facilities by other ~ ! 2 4 ~ 4.~ 8 4.~ 73 14 4.? 1:5 17 4.8 18 19 20 21 22 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 39 40 41 42 43 4.4.11 The Grantee shall adhere to all Federal, State and local laws, roles and regulations regarding the location, construction, and maintenance of its cable system facilities withi .n the public rights-of-way. All banchisees are required to obtain construction permits for cable system facilities installed in Rights-of-Way. The Grantee shall, subject to commercial practicability, make its cable television services available to any customer within its service area who shall request such service, without 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 diffcrently situated customer groups. Each fi-anchisee shall make its cable television services available to the County at its most favorable rate for similarly situated users, unless otherwise expressly provided. For the purpose of and to the extent required to accomplish transporting l-Net and PEG access channels, the Grantee shall interconnect its cable system with other systems in nearby areas, upon the directive of the County's Franchise Administrator. To fulfill this obligation, the Grantee shall familiarize itself with all technical requirements needed to cause such interconnection. 4.8.1 Interconnection is technicaIIy feasible. 4.8.2 Grantee and the other party agree upon reasonable interconnection arrangements, including an allocation of the costs ofintercormection between Grantee and such other party that is reasonable in light ofthe relative benefits and burdens to each party and its customers; including consideration of support (capital and operational) provided for PEG access purposes, including equipment in use for PEG access at thc time ofintereonnection. 4.8.3 I. nterconnection ofthe systems maybe accomplished by direct hard cable connection, microwave link, satellite, or other appropriate means. 4.8.4 Upon receiving a directive flora the County's Franchise Administrator to interconnect., the Grantee shall immediately initiate negotiations with the other affected system(s) in order that all costs may be shared equitably among the Grantees for both construction and operation of the interconnection link. Such interconnection shall be made within the time limits as established by the County's Franchise Administrator. 4.8.5 The 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 JUN 1 7 6 ? 9 I0 11 12 14 I$ 17 18 19 20 21 22 24 25 26 27 29 3O 31 32 36 40 41 42 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 Grantees, or the cost ofintereormection would neccssarily cause an unreasonable or unacceptable increase in subscriber rates. 4.8.6 The Grantee shall cooperate with any inlerconnection corporation, regional interconnection authority or local, State and/or Federal regulatory agency esiablished for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the County. 4.9 A new franchise application shall be required shall be required by the Grantee to amend this Grant should the Grantee desire to extend its service area or to locate its cable t¢Icvision facilities in public ways of the County which are not expressly included in this Grant. 4. I0 If ordered by the County to locate or relocate its cable system facilitie~ in public ways not included in a previously granted f~mchise, the County shall grant a franchise amendment without further application to facilitate such ordered changes. Section 5. Customer Service Standards County has dete,,dned that it is in the best interest ofits residents and consistent with the public convenience and necessity to adopt Customer Service Standards for the provision ofcable 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 6. Compensation, Auditing and Other Payment~ 6.1 Grantee shall pay the County t~roughout the term ofthis Franchise, as compensation, an annual Francl~se Fee of flve percent (5%) of the Gr-,mtce*s Gross Revenues. 6.2 All such payments of Franchlse Fees shall be payable monthly in accordance with Chapter 30-28(kX2) for the preceding month. Franchise Fee payments shall be accompanied by a report itemizing and setting forth the revenues/receipts and showing the calculation of the payment due for the preceding period. 6.3 The payment of the Franchise Fee by the Grantee is for the r~ght to construct and operate its Cable System, as defined herein, within the County' public right-of- way and is in lieu ora right of way usc or encroachment fee. IO I 2 4 7 9 10 il 12 14 15 17 19 2O 2I 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 6.4 6.5 6.6 6.7 6.8 The County, on an annual basis, shall be fun~sh~ a statement within n~nety (90) days ofthe close of the calendar year, certified by an official ofthe franchisee responsible for the Cable System's financial statements, reflecting the total amounts of Gross Revenues as defined herein, and. all payments, and computations for the previous calendar year. Upon ten (10) days prior written notice, the County shall have the fight to conduct an independent audit of' Grantee's records. If, after resolving n~ 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 of such audit. In other events, the County shall be. ar all costs.and fees, associated with any such audit. .MI Grantee's books and records conccmlng its Gross Revenues and its calculation of payments to the County, shall be available for inspection by an appropriate ofii~er of the County, or its designee, at reasonable times to deterrnine the amount of compensation due 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 prescribed by the County after consultation with the Grantee, such reports with respect to its Cable System and the Gross Revenues derived therefrom, as the County may deem reasonably necessary or appropriate. In the event Grantee makes an under payment or in the event Grantee fails to make any payment on or before the date it is due, Grantee shall pay interest at a rate of one percent (1%) per month on any such under payment and/or late payment. Interest shall not accrue, with respect to under payments, until such time that the Grantee is notified about any alleged underpayment by the County. Consistent with federal requirements, the Grantee shall file no less fi'equently than annually any tariffs, amendments, or modifications affecting the sale of its scrviccs and subscriber terminal equipment and shall provide written notification to the County within thirty (30) days of any proposed changes. The Grantee shall also provide to the County copies of all filings, reports and petitions to local, state, or federal regulatory agencies. The Grantee, at its option, may discharge its obligation to provide an Institutional Network and/or related services for the County by providing an annual grant, to be paid upon Accep~ce of Franchise (Section 36 herein) and each anniversary of the franchise grant, in the amount of dollars to reimbursc thc reasonable costs incurred by the Gnmtot for the r, en4ces and expenses associated with the provision of voice, video and da!a services by third parties Cmcluding, but not limit to, telecommunication equipment, recurring llne charges and independent consultants) by Grantor or for any other lawful purpose to public buildings within the Grantee's initial service area. Furthermore, the 11 1 2 4 6 7 9 I0 1! 12 13 I4 15 16 17 15 19 20 21 22 23 24 25 26 27 28 3O 31 32 34 35 36 3S 39 4O 41 42 Section 7. parties agree that any cost to the Grantee associated with providing these ~unds under this Franchise, including without limitation, the amounts set forth herein are not pa~ of the Franchise fee, and fall within one or more of the exceptions to 47 USC § 542. Franchise - Not Exclusive This Franchise shall be non cxclusive. The County reserves the right to grant franchises to other persons at any time or construct, opcrate and repair a cable system itself or to contract with any other person for the use of the County s~r~'ts or property for the operation of other cable systems. Section 8. 8.1 8.2 Section 9. 9.1 9.2 No-Walver The failure oftbe County, upon one or more occasions, to exercise a.right ot to require compliance or performance under ~is Franchise or any other applicable law sMll not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right h~s been specifically waived in writing. Waiver of a breach ofthis Franchise or any section of Chapter 30 of the Collier County Code shall not be a waiver of any other breach. Neither the grant of Ibis Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental right or power oftbe County. Regulation Thc County Commission shall be vested with the power and authority to reasonably regulate the exercise of the prfvileses permitted by this Franchise in the public interest. Any failure by the County to promptly eh.force compliance with ds Frart. hlse in accordance with federal, sta~ and local laws and ordinances shall not relieve Grantee of its obligation to comply with any provision of this Franchise. The Grantee's fights, without lin~tatfon upon the County's regulatory authority, purmant to the Commtm~cafions Act of 1934, as amended ot any other subsequent federal or state law, shall not be abrogated or othcrwise llm~ted. 12 I 9.3 2 3 ~ 9.4 $ 6 7 9 10 Section I0. I! ~2 I0.1 13 14 I$ 17 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 Following reasonable notice, the County reserves the fight to inspect the installation and maintenance of the Cable System. The Grantee shall comply with all federal, state and local regulations, applicable to its Cable System, such as the National Electrical Cede, National Electrical Safety Code, F~er Optic Cable Installation Specifications, 1987 (Telecommunication Industry Committee), traffic safety/lane closure rules and construction requirements promulgated by the County. Cable Sys{em Design and Constrnetlon The Cable System shall generally conform to the hybrid fiber coaxial 0iFC) system design and channel capacity specifications set forth on Exhibit B hereto. At a minimum, thc Grantee shall construct a hybrid fiber coax (HFC) 550 MHz star bus cable television network. The Grantee is pemfitled to modi~, its design and implementation plan, pursuant to the condifior~ provided herein, to accommodate technological innovatiorm and refinements wlfich enhance ~a'stem reliability and capacity. 10.2 Analog and digital television [audio/video] services, ifofrered, shall be transported on the Grantee's fiber backbone to fiber node~ for redlstn'bufion to commercial and residential subscribers via coaxial cable. 10.3 The cable television network shall satis~, all FCC standards for Cable Systems. 10.4 Construction Schedule 10.4.1 The initial service area includes a portion of Nonh Collier Boulevard. Construction and the provision of cable service in th~s area shall be completed and be fully operational no later than lanuary 1, 1998. 10.4.2 A secondary service area includes the following streets, Saturn Court, Greenbrier Street, Dandelion Court, W'mtergreen Court, and Manor Terrace. Construction and the provision ofcable service in this area shall be cx. znpleted and be fully operational no later than .Ianuary I, 1999. 10.4.3 The definition of subsequent service areas, which shall resulting in a full build out o£Mareo Island, where the dwelling density is greater than 20 homes per mile, shall be negotiated on each araiversary of the franchise grant and shall be mb. feet to: a) the franchise modification provisions of Section 33.4 herein; I 2 4 $ 6 7 9 I0 Section I1. 11 12 11.1 13 14 I$ 16 11.2 17 18 19 20 21 22 Section 12. 23 24 25 26 27 28 29 31 32 33 35 36 37 38 39 41 42 12.1 b) Chapter 30 § 42(aX2) and § 42(e) of thc Collier County Code; and c) thc availability of tho Grantee to demonstrate the financial capacity to tmdcrtak¢ nnd successfully complete each successive phase. 10.4.4 The County, may at its discretion, grant reasonable extensions of time to complete the projects. Initial and Continuing Tests The Grantee shall perform all tests necessary to demonstrate compliance with the requ. irements 47 CFR 76 subpart K. All tests shall be conducted in accordance with the FOe's ruks. All construction maps, shall be provided to the County no less than ten (I0) days prior to tho commencement date of the upgrade. "As built" maps shall be provided no more than thirty (30) days following the conclusion ofconstruction for each grid. Such maps should designate the location of Grantee's facilities in a mutually acceptable form. Public Education and Government Access Provisions The Grantee shall sot aside two (2) channels of its transmi~on capacity for public interest PEG access channels on tho residential distn'bution system. 12.1.1 Thc franchisee agrees to pay the County a one time donation of dollars for the purchase oftclevislon production equipment to be used at the sole discretion of the County. The County agrees to provide necessary personnel at its expense to produce prolw, tmming through the use of such facilitiet. 12.1.2 The Grantor shall provide the Grantee at least ninety (90) days prior notlce of the required activation of now PEG access channels. 12.1.3 PEG access signal tnnspo~on on tbe Grantee's cable systan or intercounection facilities shall be provided without ~ to the Grantor from the point oforigination, upstream to the Grantee's interconnecting hub site for downstream distribution on tho cable system to subscn'bers, 12.1,4 In the event an activated PEG access channel becomes dark and is not utilized for more than twelve (12) continuing months, the Grantee, upon one-hundred ~ighty (180) days written notice to the Grantor, shall have the 14 I 2 3 4 $ 6 7 9 I0 II 12 13 14 I$ 17 18 19 2O 21 22 23 24 25 26 27 2g 29 3O 31 32 33 34 35 36 37 40 41 42 43 12.2 12.3 Section 13. 13.1 13.2 fight to reclaim the channel. The Grantor or its access provider, shall have the right to acquire the channel in accordance with the provisions o£the Four Year Review. 12.1.5 The government access channel, or another channel made available by the Grantee to the Grantor for this purpose, may be used to provide "in. s .c~.'.ce" or st. atTdevelopment training by either the County, G..r~. tor or the public schools. The Grantor may direct the Grantee to encode th~s channel so that it is only available to facilities or individuals authorized by the Grantor. Requirements Regarding Rules and Procedures for Use of PEG Access Channels. 12.2.1 The Grantor shall be responsible for establishing and enforcing roles for use of the PEG access channels. 12.2.2 The Grantee may not exercise any editorial control over the content of' programming on the designated PEG access channels. The parties agree that 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 not part of the Franchise fee, and fall within one or more ofthe exceptions to 47 USC § 542. Institutional Network Pro~tsfons At the request of the Grantor, the Grantee shall designate, no less than three months prior to the commencement of'upgrade construction, two/ibc'rs of'the installed capacity on its cable system within the County, exclusive of'PEG channels, as an Institutional Network (I-N'et). In the absence of tiber, the Grantee shall designate twelve (12) lVlHz of the capacity on its cable system as'an institutional network. The dark fibers and the twelve (12) MHz capacity on the coaxial cable portion of/ts cable system shall be available to the Grantor and designated public agencies loc voice, video and data transmission purposes pursuant to terms and conditions degn'bed herein. The Grantor shall designate the locations, attached as Exhibit B and incorporated by r~ferenco as if fi:fly set forth hea'ein, to be served by the Institutional Network. The Institutional Network shall be resen, ed for exclusive use by the Grantor and designated public agencies. The Grantor may, at its sole dlscretinn, either:, a) purchase or b) lease at the marginal coit any portion ofsuch designated I-Net capacity, excluding PEG channel signal carriage.. 15 ! 2 4 6 7 $ 9 I0 12 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 32 33 35 36 37 40 41 42 43 Section 14. 13.2.1 Upon reasonable notice, the Grantee shall extend, without cost to the County, the l-Net to any public building located w~thin Grantee's cable system service area and located two hundred feet (200 9 or less from the Cable System. 13.2.2 Grantee shall cooperate with the Grantor and its agents in designing and selecting components necessary to implement its applications and, it' requested, shall furnish terminal equipment at Grantee's cost, provided that the Grantee is reimbursed for this expense by the Grantor. 13.2.3 If in the future the Grantor desires to have the I-Net extended beyond that which is anticipated herein, Grantee agrees to charge the Grantor on a time and materials basis (including overhead costs) for the construction ct'such additional I-Net facilities. 13.2.4 If such I-Net designated capacity remains unused, the Grantee may use such capacity by presenting the Grantor a right of first refusal. The Grantee shall give the Grantor ninety (90) days written notice of its intent to exercise any Hght of first refusal that thc Grantee may present to the Grantor under this Section. 13.2.5 The parties acknowledge that the agreement regarding usage of the I-Net is subject to all local, state, and federal law. The Caantot or public agency agrees to indemni~ and hold harmless thc 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 or public agency user's exclusive control carried on the l- Net, including but not limited to, copyright infi'ingement, libel, slander, defamation, patent, trademark, or invasion ofprivacy claims. 13.2.6 The parties agree that the I-Net contributions of the Grantee to the County do not represent an in-kind payment by Grantee, or a Franchise Fee ofany kind. Assignment This franchise may be assigned or a transfer ofcontrol effectuated only with the prior consent of the County, subject to the provisions of the Collier County Code Chapter 30 § 42(m), the rules of the FCC and the Communications Act of 1934, u amended. 16 I 2 4 $ 6 7 8 9 I0 II 12 13 14 I5 16 17 Ig 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 37 39 40 41 42 43 Section 15. Remedies 15.1 In addition to any other rights set out elsewhere in this Franchise, and subject herein, the County reserves the right to declare a £orfeiture o£this Franchise, and all of Grantee's rights arising hereunder, in the event that: 15.1.I The Grantee is found to have violated any material provision of this FrancMse; or 15.2 Section 16. 15.1.2 The Grantee is £ound by a court ofcompetent jurisdiction to have practiced any fraud or deceit upon the County. The County shall give Grantee thirty (30) days written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If Grantee cures the problem within the thirty (30) days notice period, et if the Grantee initiates substantial effort, to remedy the stated problem, and the efforts continue in good faith, then County shall not have the right to declare a forfeiture of the Franchise. IfGrantee fails 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 et all ofthe remedies available herein. Expiration and Renewal Renewal of this Franchise shall be governed by applicable State and Federal Law. Section I7. Confidential Information Grantee may identify information, such as trade secrets, ~brnitted to the County as confidential. Grantee shall prominently made any information/'or which it claims confidentiality with the word "Confidential" in letters at least one-half(½) inch in height, prior to submitting such information to the County. The County shall m~e a good faith effort to protect such confidential informatiorg subject to the County's obligations under local, ~late and federal disclosu~ laws. Section 18. Forum for Litigation Any litigation between the County and Grantee arising under or reganling this Franchise shall occur, if in the state courU, in the Collier County Superior or District Court havlng jurlsdictioa thereof, or i fin the federal courts, in the United States District Court for the Southern District of Florida. 17 i 2 3 4 7 9 I0 !1 12 13 14 16 17 18 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 36 37 39 4O 41 42 43 Section 19. Notice Any notice provided for under this Franchise shall be su~cient itin writing and deliver~ personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return xcelpt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing: It to the County: County Manager Collier County 3301 Tamlami Trail East Naples, FI 34112 With a copy to: Franchise Administrator Collier County 3301 Tarrdami Trail East Naples, FI 34112 Ifto the Grantee: President Marco Island Cable, Inc. PO Box 344 Marco Island, FL 34145 Section 20. Severabill~, If any section, subsection, sentence, clause, phrase, or other portion of dSs Ordinance is, for any reason, declared invalid' in whole or in part, by any court, agency, commission, legislative body, or other authority ofcompetentjurisdic~on, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity oftbe mrnah~ng portions hereo~ which other portions shall continue in full force and effect. Section 21. Non-Discrimination The Grantee shall not discriminate in any manner on the basis ofage, race, sex, handicap, color, creed, national origin, or religion. Section 22. Non-Divesffiure This Franchise shall not divest tho County of any right or interest in the public Hghts-of-way. 18 JUN I ? P.,~e~) I 2 4 $ 6 7 9 Io 11 12 14 I$ 16 I7 18 19 20 21 22 24 25 26 27 28 29 30 31 40 41 42 Section 23. 23.1 23.2 23.3 23.4 Letter of Credit Within sixty (60) days following the award o£the Franchise or thirty (30) days prior to constmctlon, the Grantee shall deposit with the County a lc.er of credit from a financial institution, approved by the County's Finance Director, in the amount often-thousand dollars ($I0,000}. The form and content of the letter shall be approved by the County Attorney. The l~er of credit shall be used to insure the faithful performance of the Grantee of all provisions ofthe Franchise, and compliance w/th ail orden, permits and directions of any agency, commission, board, department, division or office of the County exercising jurisdiction over the Grantee's acts or defaults, and payment by the Grantee of any penaltie~ claims, liens, liquidated damages, fees due the County. Il'the Grantee fails to pay to the County any compensation, not in dispute, due the County within the time fixed herein; or fails, after ten (!0) day~ notice to pay to the County any penalties, claims, liens, liquidated damages, fees due the County, such failure by the Grantee can be remedied by demand on the letter ofcrediL The County may immediately request payment o£the amount due from the l~er of credit. Upon ~uch request tot payment, the County shall notify the Gnmtee of the amount and date thereof. The letter ofcredit shall be maintained at ten thousand ($10,000) during the entire term of the Franchise unless modified in accordance wilh the procedures provided for in Section 34.4 (Franchise Modification) ofthls Agreement. In the event that amounts are withdrawn pursuant to th~s Section, the Grantee, shall take any required action to restore the letter of credit raid total amount often-thousand dollars ($10,000) within ten (I0) business days ofnoti~cation by the County of its withdrawal against the letter ofctediL The rights reserved to the County with respect to the letter of credit are in addition to all other rights of the County, whether reserved by the Franchise, or authorized by law, and no action, proceeding or exercise ora fight with respect to such a letter shall affect any other r~ght the County may have, 23.5 The letter ofcredit shall contain the £ollow~ng endorsement: 'It l~ Aereby underxtood and agreed tAat tAl.~ l~t~ of ~dit ·AaH not ~ ~nceled ~ tAe ~r~ nor tAe lnt~tion not to r~ ~ ~at~ ~ t~e ~ ~1 tM~ 00} d~ afl~ receipt ~ tAe ~, ~ ~te~d mail, of a ~U~ notice of ~ch an tnt~tion to ~ncel or not to ~.' 19 2 4 6 ? 9 " I0 11 12 13 14 I$ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3~ 36 37 38 39 4O 41 42 43 23.6 The Grantee shall renew the letter o£credlt not less than thirty 00) days prior to its expiration and provide a copy o£the renewal to the County. Failure to comply with this provision shall entitle the County to draw down the letter ofcredlt in its entirety. Section 24. Remedies-Liquidated Damages 24.1 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 following liquidated damages, which represent both parties' best estimate of the damages resulting fi'om the specified injury. Damages shall be subject to the amounts prescribed by the Collier County Code, Chapter 30 § $1. 24.2 The County shall stay or waive the imposition of any penalties set forth herein upon a finding that any failure or delay is the result of an act of God or due to circumstances beyond the reasonable control of the Grantee. Section 25. Remedles- 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 Franchise. Remedies may be used singly or in combination; in addition, the County may exercise any rights it has under applicable law. Section 26. Books and Records - Inspection The County may inspect the books, records, maps, plans, and other documents, including £mancial documents, in the control or possession of the Grantee, affiliates, or any person that constitutes an operator of the Grantee's Cable System: (I) to enforce the County's rights or assess compliance with the Franchise and applicable law; (2) in the exercise of arty lawful regulatory power;, or (3) as may be convergent in connection with any proceeding the County may or must conduct under applicable law with respect to Grantee's Cable System. The material may b~ 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 Sectfon shall be produced upon reasonable notice, no later than 30 days after the request for production. Requests for extensions of time to respond shall not be unreasonably dcnled. Grantee may request that the County treat records containing trade secrets or proprietary information as confidential under the Florida Public Records law. To the extent authoHzod 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 2o JUN ! ? 1997.,. 1 2 3 4 $ 6 ? 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 receive a request to review Grantee'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 pmprieta'y information. Section 27. Books and Records - Reports and Responses to Questions 27.1 Grantee shall provide the following reports to Grantor:. 27.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form attached as Exhibit C; 27.1.2 Within ninety (90) days after the close of the Grantee's fiscal year, the Grantee shall submit a written annual rcpert including a financial statement, including a statement of income, balance sheet, and a statement of sources and applications of funds which shall be certified by an official of Grantee. 27.1.3 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 of the Grantee's cable system. 27.1.4 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. Section 28. Books and Records - Maintenance 28.1 In addition to reports required by this Franchise, the Grantee shall maintain records ofthe following: 28.1.1 FCC proofofperformance; and 28.1.2 Monthly records demonstrating compliance with applicable Cttstomet Service Standards. Section 29. Inspection of Plant The County may inspect thc Grantee's Cable System during construction, and anytime thereafter upon reasonable to thc Grantee. If, based on subscn'ber complaints or its own investigatiea, the County believes that thc cable system may not be operating in compliance with thc franchise 21 I 2 4 $ 6 7 9 !o II 12 14 15 16 17 18 19 2O 21 22 23 i4 25 26 27 29 3O 31 32 35 37 39 40 41 42 agreement or applicable Federal ales, it may require Grantee to perform tests, prepare n report and present to the County the results of those tests. The Grantee shall report each deficiency and take prompt action to remedy it. Section 30. Insurance 30.1 Within thirty (30) days after the effective date of the Franchise, Grantee shall provide proof of the required insurance. The Grantee shall maintain this insunmce throughout the franchise term. Insurance shall include, in amounts not less than those provided by Chapter 30 § 36 ofthe Collier County Code. 30.2 The insurance coverage obtained by this banchise in compliance within this Section shall be approved by the County's risk management office, and copies of such insurance policies (or certificate of insurance) shall be filed with the County. Section 31. Emergency Alert The Grantee shall install and maintain an emergency ak-rt system lEAS] pursuant to FCC's rules and the Florida Emergency Alert System Plan. The County or County's Public Safety Communication Center shall be provided with access to the system so that it can communicate emergency messages and alerts to residents consistent with the Florida Emergency Alert System Plan. Ifthe Grantee's cable system is exempt from the federal provisions, then the emergency alert system shall conform to the requirements set by Chapter 30 § gl(d) of the Collier County Code. Section 32. Service to Pnblle Bnlldings Grantee shall, upon request, provide service to public buildings located within one hundred fifty feet (150') of Grantee's existing distn'bution system; provided, however, that ifadeqaate underground conduit is provided by the requesting public agency, Grantee shall, upon request, provide service to public bm'Idings within two hundml fi/b/feet (250) of Grantee's alisa'button systc-m. Ail charges for installation and pmviaion ofC. ablo Sereices sad Other Communications Services to such public bm'Mings shah be at Grantee's em-rent me. To the extent say services are provided without charge to any Public Building, neither the County nor any other person may resell such smdces. Section 33. Four Year Review: Performance Monitoring 33.1 During the y~ars which commence on the fourth anniverm'y or ar~ nmltiple thereafter, of the effective date of the Franchise, the County may commence a review of Grantee's performance under the Franchise. As part ofthis review, the County my consider:. I 2 3 4 $ 6 7 $ 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 33.2 33.3 a) whether the Grantee has complied with its obligations under the Franchise and applicable law, b) whether customer sexvice standards, technical standards, or bond or security fund requirem~ts are adequate or excessive; and, c) other issues as may be raised by the Grantee, the County, or the public. The County shall conduct public hearings to provide the Grantee and the public the opportunity to commit on the Grantee's performance and other issues considered as part of the four-year review. Any revisions to the Franchise Agreement which either the County or the Grantee wishes to make as. a result o£these reviews shall be proposed under the procedures established herein. 33.4 Periodic Evaluation, Review and Modification. 33.4.1 The County and Grantee acknowledge and agree that the field of cable television is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for the maximum degree of fiex~ility in this franchise, and to help achieve a continued, advanced and modem Cable System, the following evaluation and rex, it-a, provisions will apply: a) T~.e County may, upon thirty (30) days notice, request evaluation and review sessmns at any time during the term of this Agreement and Cn'antee shall cooperate in such review and evaluation; provided, however, there shall not be more than one (1) evaluation and review session during any calendar year. b) Topics which may be discussed at any evaluation and review session include, but arc not limited to, rates, channel capacity, the System performance, programming, PEG access, municipal uses ofcable, Subscriber complaints, judicial rulings, FCC rulings and any other topics the County or Grantee may deem relevant. c) During an evaluation and review session, Grantee shall cooperate fully with the County and shall provide without cost such reasonable information and documents as the County may request to perform the evaluation and review. d) If at any time dining the evaluation and review the County reasonably believes there is evidence of inadequate technical performance of the Cable System, the County may require Grantee, at Grantee's expense, to per._f~orm appropriate JUN I IJ lST.. W 6 ? $ 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 26 27 28 29 3O 31 32 33 34 36 38 41 ,12 tests and analyses directed toward such suspected technical inadequacies. In making such request, the County shall describe and identify as specifically as possible the nature o£the problem and the type of'test the County bellcves to be appropriate. Grantee shall cooperate fully with the County in l:~rforming such tests and shall report to the County the results of the tests, which shall include at least: (i) a description o£the problem in the System performance which precipitated the special tests; (ii) the System component tested; (iii) the equipment used and procedures employed in testing; (iv) the method, if any, by which the Systcm performance problem was resolved; and (v) any other information pertinent to said tests and analyses. e) As a result of an evaluation and review session, the County or Grantee may determine that a change to the System or in the 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 the County shall, in good faith, review the terms ofthe proposed change or any proposed amendment to this Franchise and seek to reach agreement on such change or 33.4.2 The County and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other party changes in the System or amendment to the Franchise when the change or amendment is not inconsistent with the other terms of the Franchise, or with applicable law or regulations, and the change or amendment is technically feasible, economically reasonable and will not result in n material alteration of the rights and duties of the patties under the Franchise. Section 34. Conflict with Cable Regulatory Ordinance The provisions of the Regulatory Ordinance, Chapter 30 of the Collier County Code, are hereby incorporated herein by reference as ifsct out in full, and form part of the terms and conditions of · this Agreement. In the event ofany conflict between the terms and conditions of this Franchise and the provisions of the Regulatory Ordinance, the terms of this FrancMse shall prevail, except where conflict arises from lawful exercise of the County's police power. Section 35. Reservation of Rights Grantor and Grantee reserve all rights that they may possess under the law unless expressly waived herein. Section 36. Acceptance of Franchise Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with i AGEI~)A I/T_~--M/,.\ I JUN I ? LqLqT_ I I 2 4 $ 6 7 $ lO 12 14 I$ 16 17 2O 21 22 23 25 26 27 29 31 32 37 4O 41 42 thc County its written acceptance oft.he Franchise, together with certificates et insurance and letter o£credit insmunents required herein. The Grantee shall state that it agrees to be bound by and to comply with all requirements pursuant to the provisions otthis Franchise. Such acceptance and agreement shaIl be acknowledged by the Grantee bet'ore a notary public, and shall in form and content be approved by the County Attorney. Section 37. Grant This Franchise is granted by the County to Marco Island Cable, Inc., pursuant and subject to the conditions and requirements provided by the Chapter 30 et'the Collier County Code and applicable federal, state and local laws, roles and conditions. This Franchise bestows upon Grantee the authority to construct, maintain and operate a Cable System, utilizing the Public Rights-Of-Way, to offer Cable Services and Other Communications Services within the County. Section 38. Special Conditions The following conditions, different fi'om the County Standard Agreement, are also part otthJs agreement: 25 ! 2 3 4 7 9 10 11 12 13 14 I$ 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 Section 39. Effective Date This ^~rcement shall become effective at g:00 A.M. on the ~ day of=_..=_==,!997. EXECUTED ON BEHALF OF THE BOARD OF COUNTY COMMXSSIONERS OF COLLIER, FLORIDA, THIS..._DAY OF ._.,1997. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR]DA BY: Timothy C. Hancock, Chairman Approved as to form and legal sufficiency: P Thomas C. Palm~- Assistant County Attom~ MARCO ISLAND CABLE, INC. By. William Gasto~ President I 2 3 4 Exhibit A · Gnnt~'s Servi~ Area C. abie Television Application ! 2 $ 6 7 9 i0 1! !2 14 16 !? 19 20 21 22 23 Exhibit B Government, Education and Public Agencies Scheduled for Subscn'ber and Institutional Network [l-Net] Connections and Services The County has directed all cable television providers to provide sufficient l-Net capacity to support data communication Ihflcs between and among various local government facilities it passes is included as well. The communication links provided by an l-Net are sought to replace existing facilities [e.g., dedicated lines leased from the telephone company, microwave links] and to establish new data communication pathways to government offices as yet unserved by the County's intranet WAN. It is exlx-cted that the I-Net shall be used to implement new services the County has previously contemplated but unable to fulfill. These include, internal telephone service within the organization, long distance by-pass service, providing an inexpensive way to reach the County's long distance carriers, high-speed data transmission s~d networking between remote sites [e.g. parks, recreation, sanitation, water treatment fire stations & training center], video conferences between remote public safety and citizen i~formafion sites, traffic information, video arraignment, and traffic surveillance video from key intersections. Marco tsland County Offices Location #2 Pa~k #1 Park ~2 P~ ~3 F~ S~ ~ Su~ gl Street Ad&eu S~Addnss 1 2 3 4 6 7 8 9 10 11 12 13 14 15 Warn Trum~em PLml Yes Yes hbl~ W~ S~ A~ S~ Maiflt~ V~ y~ ~ Y~ Y~ ~ Y~ Y~ Media One currently provides subscriber cable television services to a number of these locations. The County has the necessity to a) preserve the existing connections provided by Media One. b) migrate existin8 data telephone or microwave connections to the I-Network, and c) add new sites to the I-Network as time, funds, project priorities and service requirements dictate. The County shall work closely with Marco Island Cable's engineers to prepare s transition and deployment plan to provide an orderly transition and deployment of l-Net services to the aforementioned sites. The site locations are not inclusive, new sites may be added while others are decommissioned, bNet communication facilities may be up or downgraded to parallel changing requirements. The aforementioned list, at best, represents a long term [ten years] service deployment scheme. Some locations serve more than one County depanmem, cons~luently, it may be poss~le to use a single l-Net connection to serve the office complex. 29 AGENDAJTEM, ~ I I~'". r~ I JUN I I _ 2 6 7 8 9 10 11 12 13 14 16 17 19 20 22 23 24 25 27 28 29 ~0 31 Exhibit C Monthly Franchise F~ Reporting $ch~ule Cable Operator Address Contact Person Title Accounting Department Phone Subscriber Detail 1.1 Basic I Average Subscription Units 1.2 Basic Serdce Rate i.3 CPST Average Sub.Units 1.4 CPST II Rate 1.5 Premium Service Average Units 1.6 Premium Service Rate 1.7 Disney Service Average Units 1.8 Disney Service Rate 1.9 Installation Average Completions 1.10 Installation Average Rate 1.11 Complimentary Accounts 1.12 Penetration Statisti~ 2. I Total Homes Passed 2.2 Basic I Penetration Units 2.3 CPST Penetration Units 2.4 Premium Service Penetragon %-ag~ 2.5 Disney Service Penetration %-age 2.~ Churn: Average %-ag~ 30 ! 2 Gross Revenue Detail Itemlzagon 3 4 Code s 3.0 Cable Television 6 3.1 Basic I 7 3.2 CPST S 3.3 Premium J 3.4 S~owtime ~o 3.5 HBO ii 3.6 Disney t2 3.7 T~e Movie Channel[ 13 3.5 Pay Per View 14 3.6 FM Radio 15 3.7 Converter Rental 16 3.8 Remote Control 17 3.9 Cable Guide la 3.10 Munch Fees 19 3.Il ProD'am Carriage Fees 20 3.12 21 22 24 26 27 28 29 30 31 32 41 42 4.0 A/O Services 4.1 Basic I 4.2 CTST II 4.3 Premium 4.4 Showfime 4.5 HBO 4.6 Disney 4.7 The Movie Channel] 4.5 Pay Per View 4.6 FM Radio 4.7 Converter Rental 4.8 Remote Control 4.9 Cable Guide 4. I 0 L~m~h Fc~ 4.11 Progmn C4.'r~go Fc~ 4.12 31 ! 2 3 4 $ 6 7 9 lO 11 12 14 16 17 19 20 21 24 2~ 26 27 30 31 32 35 37 38 40 41 42 43 5.0 Ser~ce Charge 5.1 lns~llation 5.2 A/B Switch Sales 5.3 Up/Down Grades 5.4 late Payment Fees 5.5 Check Return Fees 5.6 6.0 Commercial 6.2 Cont~a~t 6.3 6.4 7.0 Advertising 7.1 Comm~rclal Inserti~ 7.2 B~trtcr Agreements 7.3 Home/Auto S¢llcrs 7.4 8.0 Shopping Channels 8.1 HSN 8.2 QV¢ 8.4 9.0 Video Production 9.1 9.2 32 7 9 10 11 12 13 14 iS ]6 17 18 19 20 21 22 24 2S 26 10.0 Leased/Rentals 10.1 L-A Channel 10.2 Facilities 10.3 10.4 10.5 Code Revenue..Sourc~ 11.0 Miscellaneous 11.2 Reimbursement for Cable Damage 11.3 Equipment Sal~s 11.4 Launch Inc~tiv~s ll.S I SUBTOTAL F .NOIISE TOTAL RECOMltENDATION TO APPROVE FOR RECORDII~ THE FII~ PLAT OF "PELICAN K~RSH UNIT FIFTEEN" To approve for recording the final plat of .Pelican Marsh Unit Fifteen", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. ~0NSIDE~ATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of .Pelican Marsh Unit Fifteen'. These documents are in com~liance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the im~rovements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. ''Engineering Review Section recommends that the fi~al plat of 'Pelican eMarsh Unit Fifteen" be al~roved for recording. FISCAL IMPACT: The fiscal impact to the County is none. ~he project cost iS $500,676.60 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $196,354.75 - $304,321.85 The Security a~ount, equal to 110% of the project cost, is $550,744.26 The County will realize revenues as follows: ~und: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated byth/s project: Total: $9621.56 Fees are based on a construction est~ $500,676.60 and were paid in January, 199 Executive Summary Pelican Marsh Unit Fifteen Page 2 The breakdown is as follows: a) Plat Review Fee ($42S.00 + $4./ - $ S21.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 981.77 Drainage, Paving, Grading (.425% const, est- $1,293.37 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2,945.32 Drainage, Paving, Grading (1.275% const, est.) - $3,880.10 ~ROWTHMANA~EMENT IMPACTs The Concurrency Waiver and Release relating to conditional approval has been.reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pelican Marsh Unit Fifteen" with the following stipulations: Accept the Performance Bond as security to guarantee completion of the subdivision improvements. me Authorize the recording of the Final Plat of "Pelican Marsh Unit Fifteen." Authorize the Chairman to execute the attached construction and maintenance agreement. That no Certificates of Occupancy be granted until the required improvements have received prelim/nary acceptance. P~PARED BY: John R. HOUldSworth, Senior Engineer Engineering Review Date REVIEWED BY: Engineering ReviewManager Co{~,unity Development & Environmental Services Co~,a,unity Dev. and Environmental ~vcs. DIVISION JUN 11' 19g? .1 U,VI~ uA'ri' '.'NINE rio UHIT'. T£H' LOCATION COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION I1ViPROVEMENTS entered into this /ay of______. 1997, between WCI COlV[MUNITIES LIIVlITED PARTNERSHIP hereinafter referred to u "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to u the "Board". A. Developer has, simul~neously with the delivery of this Agreement, applied for the approval by the Board ora certain plat ot'a subdivision to be known ss: PELICAN MARSH UNIT 1 $ B. Division 3~. of the Collier County Land Development Code requires the Developer to pest appropriate gua~mtees for the construction of the improvements required by said subdivision re~ulatlons, said gun~tntees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consMerafion of the forego[ag premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: T'ne paving, drainage, potable water, irrigation water, sanitary se~zr, nnd street lighting improvements for Pelican Marsh Unit 15 within twenty, four (24) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as ~he 'required improvements'. 2. Developer herewith tenders its subdivision performance security (attached hereto as Ex~it "A 'and by reference made a part fle~oO in the amount of S550,744.26 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In the event of' default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development code, Collier County, may call upon the subdivision performance security to insure satisfactory c~mpletlon of the e The required improvements sk~ll not be considered complete until a statement of substanthl completion by Developers engineer along with the final project records have been fumlshed to be review~ and approved by t~e Development Services Director tot compliance with the Collier Cotmty Land Development Code. 5. The Development Se~'ices Director shall, w~in six~ (60) da)3 of receii~ of the statement or' substantial completion, elthet:, a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve improvements, therewith specifying those condMons which the Developer must fulfill in order to obtain the Director's approval of'the improvements. However, in no event shall the Development Services Director reR~se preliminary approval of the improvements if'they ate in fact constructed and submitted for approval in accordance with the requirements or'this Agreement. The Developer shall maintain all required improvements for a minimum period or' one year aRer preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his des{ghee shall. Inspect the improvements and, if found to be still in compliance with the Collier Coun~ Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Boanl accepts maintenance responsibility for and by the County.. 7. Six (6) months after the executien et'this Agreement and once ~ithin every slx (6) months thereafter the Developer ma)' request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of' work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessar)' for revle- by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount or' the subdivision performance security for the irnprovements completed as or'the date of the request. 8. In the event the Developer shall fall or neglect to fulfill its obligations under this Agreement, upon certification of such failure the County Administrator ma)' call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to cons~uct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion ot' such construction, the final total cost to the Board thereof, including, but not limited to, engineering., legal and contingent costs, together with any damages, either direct er consequential, which the Board ma])' sustain on JUN 1 ? 1997 sccount of the failure of the Developer to fi~Ifill all of the ix~s~ons of this A~reement. All or,he terms, coven;aLs sad conditiom her~in conulned sr~ taxi s~ll be bindini upon the Dr'eloper =nd the respective successors snd ~ssi~ns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized r~m'esentatNe thls__ day of~ 1997. COLLIER COUNTY LAND DEVELOPMENT CODE SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: PHnted or Typed Nan~ O~er & Applicant WCI Communities Limited Partnership, a Dela,~m'e Limited Partnership By:~ Susan Hebel Watts Printed or Typed Name Title ATTEST: DWIGHT E. BROCK, CLERK Deput~' Clerk Approved as to form and legal sufficiency: David Weigel Count}' Attorney By:_ BOARD OF COUNTY COMMISSIO~ OF COLLIER COL~WI'Y, FLORIDA Chairman ,JUN 1 ? 1997 f Pg. BN IKOF BORON THE FIRST NATIONAL BANK OF BOSTON POST OFFICE BOX 1765 BOSTON, MASSACHUSETTS 02105 U.S~ V B N ' JUNE 3, 1997 BOARD OF COUNTY CO~,IISSIONERS COLLIER COUNTY, FL COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL 33962 JUNE ~, 199.R/BOSTON, MA . WCI COMMTJNITIES LI~flTED PARTNERSHIP 24301 W~DEN ~N~R D~ BOllA SP~GS, ~ WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT ~0061~1 IN' YOUR FAVOR FOR ACCOUNT OF WCl CObLMUNITI~S LI~flTED PARTN~RSII~ W]IICll IS AVAILABLE AGAL~ST PRESENTATION' OF YOUR DRAFT(S) DRAWN ON BANKBOSTON, N.A. (FOR~MERLY TIlE lIP, ST NATIONAL BANK OF BOSTON') AT SIGHT UP TO AN AGGREGATE AMOUNT OF USD550,744.26 (FIVE HUNDRED ~ THOUSAND SEVEN HUNDRED FORTY FOUR AND 26/I00 US DOLLARS) AND ACCO,q,[PANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTI]:'YLNG: "WCI COMMUNITIES LLMI'I~D PARTNERSHI~ HAS F~ED TO MEET OR COMPLETE THE ~QU~MENTS FOR S~E D~RO~MENTS, ~I~ ~'CLUDE E~T~'O~, ST~ET LIGH~G, STORM POTTLE WATER ~X'D S~Y SE~R ~ ~ PRO~ ~O~ ~ PELICAN b~H UNIT 15, PERMIT ~S~ 96-32 ~N~ F~ 9&52, OR A ~'~ ~SPE~ON SATISFACTORY TO COLLAR COUNt, P~U~T TO COLLAR CO~ O~~ NO. 9 I-102, ~S NOT BEEN PE~O~D, ~ A SA~SFA~ORY ~A~ PE~OKX~NCE SECU~ HAS NOT BEEN PRO~ED TO ~D FO~Ly ACCE~D BY THE BENEFIC~RY.~ EACH DRAFT DRAW~' UNDER THIS LETTER OF CREDIT MUST BEAR UPON ITS FACE TtIE CLAUSE:" DRAVfN UNDER IRREVOCABLE STANDBY LETTER OF CREDIT 50061563 DATED JUNE 3, 1997 OF BAJfKBOSTON, N.A. (FORMERLY THE FIRST NATIONAL BANK OF BOSTON), BOSTON, THIS LETTER OF CREDIT SETS FORTH IN FULL TffiC TERMS OF OUR UNDERTAKING, AND SUCH UI~ERTAKING SRALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMICNT, INSTRU1~CNT OR AGREEMENT REFERENCED TO HEREIN OR D; WtlICH TIllS LETTER OF CREDIT RELATES, AN'D ANY SUCH REFERENCE SRALL NOT BE DEEMED TO INCORPORATE HEREIn' BY REFERENCE ANY DOCUM1CNT, INSTRUMENT, OR AGREEMENT. JUN 1997 BANK OF BOSTON THE FIRST NATIONAL BANK OF BOSTON POST OFFICE BOX 1763 BOSTON. MASSACHUSETTS 02105 U.S.A. PAGE 2, LETTER OF CREDIT NO. 50061S63 WE HEREBY AGREE WITII YOU TRAT DRAFT(S) DP~WN UNDER AND LN COhfPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED IF PRESENTED TO BANKBOSTON, N.A. (FORMERLY THE FIRST NATIONAL BANK OF BOSTON) AT 150 FEDERAL STREET, 4TH FLOOR, BOSTON, MA 02110 ON OR BEFORE JUNE 3, 1998. THIS CREDIT SHALL BE VALID UNT]~, 5UNE 3, 1998 AND SHALL THEREAFTER BE AUTO.~L~,TICALLY RENEWED FOR SUCCESSIVE ONE YEAR PERIODS ON THE ANNI%~RSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO A.NY SUCH ANN'P,'ERSARY DATE, BANK. BOSTON, N.A. (TOR.MERLY THE FIRST NATIONAL BANK OF BOSTON') NOTIFIES TIlE BENEFICIARY LN WRITLNG BY REGISTERED bLAZL/COURIER THAT THEY (BANKBOSTON, N.A.) ELECT NOT TO RENEW Tills LETTER OF CREDIT. THIS LETTER OF CREDIT IS SUILrECT TO THE #UNIFOIL~,! CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 RE~qSION~, LNTERNATIONAL CIL~.%IBER OF COMMERCE PUBLICATION NO. 500#. OR RE~,qSION CURRENTLY EFFECT. KLNDLY ADDRESS ALL CORRESPONDENCE REG.~RDI~G THIS LETTER OF CREDIT TO THE ATTENTION OF OUR LETTER OF CREDIT DEPARTMENT, AT I50 FEDERJcL STREET. 4TH FLOOR, FLAIL STOP 50-04-01, BOSTON, MA 02110, MENTIONLNG OUR REFERENCE NUMBER AS INDICATED ABOVE. TELEPHONE INQUIRIES CAN BE FIADE TO ,~IILAN KUCHA AT ~,'ERY TRULY YOURS, AUTRORIZED OFFICIAL BANI~ OSTON, N.A. (TOIL'~IERLY THE FI~RST NATIONAL BA.%'K OF BOSTON') JUN 1 ? 1997 RECOMMENDATION TO APPROVE FO~ P-ECORDINQ THE FINAL PLAT OF mPELICAN MARSH UNIT SIXTEEN" TO approve for recording the final plat of "Pelican Marsh Unit Sixteen., a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONs Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pelican Marsh Unit Sixteen-. These documents are in compliance w/th the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It ks the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and an irrevocable letter of credit. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Sect/on recommends that the final plat of 'Pelican Marsh Unit Sixteen. be approved for recording. FISCAL IMPACT~ The fiscal impact to the County is none. The project cost is $36Z,039.00 (est/mated) to be borne by the developer. The cost breakdown is as follows= a) Water & Sewer - $162,820.00 b) Drainage, Paving, Grading - $198,219.00 The Security amount, equal to 110% of the project cost, is $397,142.90 The County will realize revenues as follows= Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $7,065.12 Fees are based on a construction estin $361,039.00 and were paid in March, 1997. JUN 1 ? 1997 Executive Summary Pelican Marsh Unit Sixteen Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 439.00 b) c) Drainage, Paving, Grading (1.275% cons=, est.) ~ROWTHM3%NAGEMENT IMPACT I The Concurrency Waiver and Release Construction Drawing Review Fee Water & Sewer (.50% cons=, est.) - $ 814.10 Drainage, Paving, Grading (.425% cons=, est.- $ 842.43 Construction Inspection Fee Water & Sewer (1.5% cons=, est.) - $2442.30 $2527.29 relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATIONI That the Board of County Commissioners approve the Final Plat of "Pelican Marsh Unit Sixteen" with the following stipulations: 1. Accept the Letter of Credit as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Pelican Marsh Unit Sixteen." Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Hould~wort~% Senior Engineer Date Engineering Review Thomas E. Kuck, P.E. Engineering Review Manager Donald W. Arnold Pl.a~nni~ Ser~_ices Vinc6nt'A. Caut~fo, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date ,IUN 1 ? 1 97 'JNIT uN~r PARK '" GOLF six UNIT. TEN UNIT 'NINE . PINE, - .' RIDGE ' v.-- ~: .... ." - ...... ' · MONTEREY:':~'-. - . ' LOCATIOn/' MSp JUN 1 ? 1997 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION EVII~ROVEMENTS entered into ~hls day of. ,1997, between WCI COMMUNITIr~ LIMITED PARTNERSttTP hereinafter referred to as "Developer," and ~e Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: · A. Developer has, slmuhaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat ora subdivision to be known as: PELICAN MARSH UNIT 16 B. Division 3.2 of the Collier Count)' Land Development Cede requires the Developer to pos~ appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: The paving, drainage, potable water, irrigation v,'ater, sanitary sewer, and street lighting improvements for Pelican Marsh Unit 16 within V, venty-fou~ (24) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the "required improvements". Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A 'and by reference made a pan hereo0 in the amount of $397,142.90 which amount represents 10% of the total contract cos~ to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Cede. Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete un:il a statement of subsuntial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Sen'ices Director for compliance with the Collier County Land Development Cede. i~.'~t, AI x JUN 17 1697 account of the failure oi'the Developer to f~lfill ill of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective su¢ce~son and assigns of the Developer. .- IN ~TrNEss WHEREOF, the Board and the Developer have caused this Agreement to be executed by ~elr duly au~orized representative this day of ,1997. COLLIER COUNTY LAND DEVELOPMENT CODE SIGN'ED, SEALED AND DELIVERED IN THE PRESENCE OF: Prin~ed or Typed ]~ame . PHnted or T~/ped Name ' ' O~er & Applicant WCI Communities Limited Palm.p, a Delaware Limited Partnership B,: Susan Hebel Watts Printed or Typed Name Senior Vice Pr~i4¢nt Title ATTEST: D%qGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal suf~ciency: 6(&--David Weigel County A~tomey By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Clmlrman *JUN 17 1~7 '" BANKOF BOSTON .... :· THE FIRST NATIONAL BANK OF BOSTON " : · ' ' POST OFFICE BOX 1763 · " BO~.ON, MASSACHUSETTS 02105 U.S.A. ' . IRREVOCABLE STANDBY L£1:TER OF CREi~I¥ S00~is6? -- . : , . ~ '.. . , ~ ,.' · ~. ' .. . .' --- ~. .* .. '.,o .., .. , . · . ; .~ .' .. , ' ~ ' ~ -'" EXPIRY DATE/~L~CE' .; -. · ;~.: ,.. ....: '. · ..., .. ..... .. .. '..' ; . .~' .· · . :;. · . ~' a'IIN'E 3,'19~7 ·" · . . ': ' .. ~ 3,199t~O'STON, · BOaXO 6F cOtnm, commss o m COLLIER COIJIN'T~, FI., COLLIER COU'NTY COI./'R'FHOUSE · NAPLES, FL 33962.. WCI COM~'~TFIF. S LI~IITED PARTNERSHIP 24301 WALDEN CENTER DRIVE BONITA SPRINGS, ltl 34134 : WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT 50061562 IN 'YOUR FAVOR FOR ACCOUNT OF WCI COM2,fUNITI~S LI~tTTED PARTNERSIIIP WHICH IS AVAILABLE AGAINST PRESENTATION OF YOUR DRAFT(S) DRAWN ON BA.NKBOSTON, N.A. (FORM]~RLY ~ FI]~ST NATIONAL BANK OF BOSTON) AT SIGHT UP TO A~ AGGREGATE A.MO~ OF USD397,142,90 (TEREE BI~h'DRED NINETY SEVEN THOUSAND ONE HUNDRED FORTY TWO AND 901100 US DOLLARS) AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTTFTING: "WCI COMMUhTI'~S LIMITED PARTNERSHIP HAS FAILED TO MEET OR CObIPLETE THE REQUIREMENTS FOR SITE L~fPROVEMENTS, WHICH INCLUDE . PAV~G, DRALNAGE, POTABLE WATER, IRRIGATION WATER, SANITARY SEWER AND STREET LIGHTLNG IN THE PROJECT I(~OW~ AS PELICAN MARSH UNIT 16, PERMIT #S/'D 97-7 AND F/P 97-10, ORA FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY, FURSUANT TO COLLIER COUNTY ORDINANCE NO. 91-102, ~ NOT BEEN PERFOR,%fED, AND A SATISFACTORY ALTER.NATIVE PERFOI~CE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY TH~ BENEFICIARY." EACH ~)RAFT DRAWN UNDER THIS LETTER OF CREDIT ArUST BEAR UPON ITS FACE THE CLAUSE:" DRAWN UNDER IRREVOCABLE STANDBY LETTER OF CREDIT $0061562 DATED JUNE 3, 1997 OF BANKBOSTON, N.A. (FORMERLY THE FIRST NATIONAL BANK OF BOSTON), BOSTON, MA." T~I_~ LETTER OF CREDIT SETS FORTH IN FULL THE TEILMS OF OUR UNDERTAKING, A~"D SUCH UNDERTAICING SHALL NOT IN ANY WAY BE MODnrlED, AMENDED, OR AAfPLD'IED BY REFERENCE TO ANY DOCUMENT, INSTRUI~t'ENT OR AGREEM3~NT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUI~IENT, INSTRUMENT, OR AGREEMENT. JUN .t ? 1997 ! '2 BANKOF BOSTON -.. THE FIRST NATIONAL BANK OF BOSTON POST OFFICE BOX 1763 BOSTON. MASSACHUSETTS 02105 U.S'A. .o - .... .~ .... ~. , .o . PAGE 2, LETTER OF Ci~DIT NO. ~0'06~ ~62 : ....... ~:-: .: .. · - ... . ,~...~'.. ~-- WE HEREBY AGREE WITH YOU THAT 1)'RA~(S) DRAWN U~ER ~ IN .: .. .. CO~:PLIA~CE WITH THE TERMS OF T'EIS LETTER OF CREDIT WILl, BE DULY ' ' HONORED IF PRESENTEDTO BAIVKBOSTON, iq.A..(FOI(M~ER~Y.TEE .FIRST NATIONAL' ' BA.,VK OF BOSTON) AT IS0 FEDERAl. STREE. T,,I.TH FLOOR, BOSTON, MA 02110. ON OR BEFORE ,TU. NE 3, 1998 ....... TtiIS CREDIT SHALL BE VALID ~qTIL J'u'iqE ~; i~ A~D S~L THEREAFTER BE AUTOMATICALLY KENL'WED FOR SUCCESSIVE ONE YEAR PERIODS ON THE A.N~'IVERSARY OF ITS ISSUE UN~ESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANh'P~KSARY DATE, BANK~OSTON, iq.A. (FORMERLY THE FIRST iqATIONAL BANK OF BOSTOh') h'O~S THE BElVEFICIARY Eq WRITING BY REGISTERED ]VIAI:L/CO~R THAT THEY (BANI(BOSTON, N.A.) ELECT NOT TO RENEW THIS.. LETTER OF CREDIT. Ms LETT . oF cRE rr s r 'zCT io msTo s PRACTICE FOR DOCUM:ENTARY CREDITS, (199~ REVISION'), INTERNATIONAL CHA.MBER OF COMMERCE PUBLICATION lqO. ~00", OR REV~ION CURRENTLY IN EFFECT. KE~DLY ADDRESS ALL CORRESPO.~'DE.~CE REGARDLNG THIS LETTER OF CREDIT TO THE ATTENTION OF OUR LETTER OF CREDIT DEPARTMENT, AT 1~0 FEDER.&L STREET, 4TH FLOOR, blAIL STOP 50-04-01, BOSTON, MA 02110, MENTIONL%'G OUR REFERENCE NU~tBER AS I~'DICATED ABOVE. TELEPIIONEINQUIRIXS CAN BE bL~.DE TO MILAN KUCHA AT (61T)-434-8727. VERY TRULY YOURS, AUTHOP~?FD OFFICIAL BAh*KB OSTON, N.A. (FORMXRLY THE FIRST iqATIONAL BAh'K OF BOSTON) oo , .1 2 JUN 17 1997 EXECUTIVE SUMMARY AWARD CONTRACT TO CONSTRUCT REUSE SYSTEM UPGRADES TO SERVE LAKEWOOD SUBDMSION, BID NO. 97-2669. ~ That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a contract to construct the Reuse Systera Upgrades to Serve Lakewood Subdivision. CONSIDERATION: On May 21, 1997, four bids were received as follows: Douglas N. Higgins, Inc. Mitchell & Stark Construction Co. Sovereign Construction Group Stevens and Lay~on $1,269,550.00 $1,309,077.50 $1,476,463.84 $1,405,135.50 The Engineer's Estimate for the project was S 1.6 million. Douglas N. Higgins, Inc. was the lowest, responsive bidder. Douglas N. Higgins, Inc. has a satisfactory performance record on previous projects involving similar work. FISCAL IbIPACT: Funds for construction of this project in the amount ofS1,269,550.00 are ~x~', available from Fund 414-263611-74007: Lakewood Reclaimed Water Conversion (County Sewer Capital Projects Fund). GROWTH MANAGEMENT IMPACT; The project will provide additional means for disposal of reclaimed water generated by the South County Regional Wastewater Treatment Facility. RECOMMENDATIONS: Staffrecommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award and authorize Chairman to execute an Agreement with Douglas N. Higgins, Inc. in the amount of $1,269,550.00 for Bid No. 97-2669, Reuse System Upgrades to Serve Lakewood Subdivision. PREPARED BY: __ ~.,..t(. ~ '~'.-. ,,:,., ."..'-/ DATE: Ronald F. Dillard, P.E., Project Manager Office of Capital Projects Management REVIEWED BY: ~ ~g , ~, / DATE: Steve Ca/nell, D~ector Purch'~sing Departmtnt REVIEWED BY: /J'~~ L'~ ~ ~ DATE: ^don'o z, Offi~ Projects'Management Offic,~o f Cal:~ REVIEWED B~ DATE: __~.=~ 7 Ed Ilschner, Administrator RFD:rfd Public Works Division [ .,:'j/,'~.~..)~., cc: Tim Clemons, Wastewater Director ! ~..:. ~! '~,------- EXECU'UVE AWARD A WORK ORDER FOR PROFESSIONAL ENGINEERING SERVICES TO AGNOLI, BARBER & BRUNDAGE, INC., FOR SUNNILAND MINE ENTRANCE STRUCTURE REPLACEMENT, WORK ORDER NO. ABB-FT97.1, PROJECT NO. 31702 ~ To receive Board approval and award ofa Profe~ional Engineering Service~ Contract for the Sunniland Mine Entrance Structu~ Replacement to Agnoli, Barber & Bnmdage, Inc. in accordance with Work Order No. ABB-FT97-1. CONSIDERATIONS: The engineering firm ofAgnoli, Bazber & Brundage, Inc. has =ubmitted a proposal to design and secure permits for a control structure replacement at the Sunniland Mine entrance on S.1L 29 as requested by the Collier County Stormwater Management Department for a total compensation of $19,650. The Office of Capital Projects Management (OCPM) has reviewed and accepted the proposal and has prepared a work order for that purpose. The Office ofthe County Attorney has approved subject work order as to form and legal sufficiency. FISCAL IMPACT: Funds in the amount of 519,650 are available in Fund 325-172951-31702, Stormwater Management Capital Fund - Sunniland Structure Replacement. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Award a work order to contract to Agnoli, Barber & Brundage, Inc. in the amount of $19,650. (2) Direct the Board Chairman to execute the work order. Micah K. Mas . _, .~'?,o~. P,. P.E., PMP, ~roject Manager Office of Capital Pro~cts Management Johaiq-I. Boldt, P. E., P.S.M., Director REVIEWED BY: REVIEWED BY: Sto water Ma}aligement ~artment Atiolfo A. ponzalez, P~., D{rector O trice .of CapitaLPj~icts Management Ed II$chner '~ Public Work~ Adminim'ator o Attachment: Work Order WORK ORDER # ABB-FT97-1 Agreement for £lxed Term l'rofessinuel E.gi.eeri.g Services Dated Sep(ember 26, ]99S (Contract #9S-2422) This Work Order is for profflsiooal engineering services for work known es Sunnilsnd Control Structure The work is spccJficd in the propoJll dited April 24. 1997, which part oF this Work Order. Is accordance with ibc Terms sad toad,ions or Ibc Asreemen~ referenced tbove, Work Order fABB*FTO~-J is .sifned to Asnol*, Barber A Brundose, Itc. Scooe oF Work: Tisk 1: Enfmecrms Task2: Surveying T.k 3: Sub-Consuliint Servsces Task4: ~eetings Schedule o~ W~fk~ Complete work wJthm I10 days from receipt o~ the Notice to Proceed autborizJn[ start of work. Comoeflsation: In accordance with ArtKle Fi~e of the Agreement. the County wall compensate the Firm m accordance with Iht neEotsa~ed lump sum amount Jfldscated Jn the schedule below (sa a task is ttme and mztersal, so indocaJe nad use the estabhshed hourly rate(s} as enumerated tn Schedule "A" of fha Agreement}. Task I: Engineering Services Task 2: Surveying Services Task 3: Sub-Consultant Scrvtces Task 4: ~4ecllngs Sg.loO.00 (lump sum) S 1.900.00 (lump sum) S6.9~0.00 (lump sum) SI.0Oo.00 (time & material) TOTAL FEE SlO.6Se.O! Any change within monetary authority of th,s Work Order made subsequent to final department approval will be considered an addstBonaJ service and chilled according to Scbedule 'A' of the Agreement. · ATTEST: Dwight E. Brock. Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk Approved as to Form and L~ffJcieocy: ASlistaot County Attorney ATTEST: (Corporate Secretary) ~,, Type Name and Title Frederick T. hrl~r IZI, C~aima~/S~cratary 'Wit~css Signature ~ Print Name Work O~det Templite LGK;WOFTPES.002 T,mothy L. Hancock. AICP, Chairman Aenoh. Uarber & Orundaee. ]llC, Company ~ Signature /~r ' r-n/el ~;. Btundago, Pres~t~nt Wimess Sil~ult / ~.~Rlck J. ~co. Jr. Prml ~ame Aprg 24, 1~7 Collier Couuty Ot~ce of Capital Project lVianagement 3301 T-m;,m{ Trail East, Building D Naples, FL 33~62 RECEIVED APR 1997 OFRCE OF CAPFi&L PROJECTS MANAG£~,iEI~V Proposal for Control Structure Replacement at Sunnlland Mine on S.R. 29 Fixed Term Profess{onai Engineering Services Contract #9S-2422 A.BB PN 7447 Dear Mz. W'dey: At your request, Agnoli, B~ber & Brundage, Inc., is pleased to submit this proposal to render professionnl services under our Annual Engineering Services Contract with Collier County for the control structure replacement to be located it the Surmiland Mine entr~ce driveway on S.R. 29. As discussed with you and at your direction, the replacement design will not involve a basin study which is beyond the scope of this proposal. The design will be based upon high v,~ter marks and chaanel cross sections 3 miles+/, upsu'eam a~d downstream to be determined fi.om field survey, as well as wet season water table data fi.om existing S~ permits and/or USGS wells in the adjacent area. Elevations shall be b~sed on NGVD. Permitting of the replacement structure is throu~ SFWiVE). Agnoli, Berber & Brundage, Inc., hereinafter referred to as ABB, proposes to provide Collier County OCPM, hereinafter referred to as Client, the following professional services: I. SCOPE OF SERVICES A. Engineering Services A.]. Design Report - Prepare a brief design report that will document available mean high water elevation data obtained'fi.om governmental agency records and field survey ofhigh water marks. The report will also address required flow capacity of the proposed structure based on the flow capacity of existing or proposed upstream and downstream culverts. Based upon this information, the report will present reconuuended design liigh water elevations, flow th'ough capacity, and an operating schedule for the proposed control su'ucture to be reviewed and approved by the County. A.2. Constm~on Plans - BaseU upon the recommendations developed in the above referenced report (and approved by the County), develop construction plans and specifications for the proposed control structure Coo.rdina~e the efforts of the structural engineer sub. consultant (Senitit Ma.L-, Off]ce: 7400 Tamhmi Trail N., Suite 200, Naples, Florida 34108 · (941 ) S97.31 . ;. ,, i 7 and Chsrland) tnd the $eotecbnical ~ub-consulttnt (Ardaman and Associates) Provide an enSineer's opinion ofprobnble cos~ of construction of the proposed control structure. A3 A.a. SFWM~ Permlttln8 - Submit the requh'ed number ofplan ~ and design rt-port to the South Florida Water Management District for the purpose of obtsinin& constru~on approvtl ofthe proposed control structure. It is assumed that permittln$ ofthls structure will be a simple, straight forward procera, administered through the Ft. Myers office of the S.F.WM D. Construction S~'vlces - Provide services during thc construction phase of the project consistln8 ofthe following activities Assist the County in mviewin8 bids. Review shop dr~winss R~ew pay requests. Periodic inspections for the purpose of ptovidin8 ~ cowtp~.~a~ · certified record drawi~_e. Provide certification of completed work to thc S.F W M D. B. Surveying Services Provide professional land surveying se~ices to obtain a design survc7 of the project area includinR topo~aphic information covering the site of the proposed structure and high water ms. rk elevations and cross sections 3 mik's d: upstream and dow~ttream of the site. C. Sub-Consultant Services C.1. Retain the services of Arda~t%n and Associates for C~..otechr~ca~ Sub- Consulting Services related to the design and construction of the proposed control structure C,2. Retain the services of Senkins and Ch·ri·nd for Structural Sub-Consulting Services related to the design and construction orr the proposed control structure. Meetings - Attend me,tings as required by the County and regulato~ agencies on · time and material basis - 2. ADDITIONAL SERVICES AND EXTRA WORK WP.O2.00'rTO PRO~? Services not specifically included in Section 1. Scope of'Services will be p~rformed as additional services on an hourly basis, plus reimbursable expenses in accordance with the Rate Schedule ~nclosed with this A~eement. Services and fees pro~ Ided in this :' i Agreement ate based upon governmental rule~, regul~tJons and policies in effect ~ the time of'execution ot'thb Agreement. Should changes take effect duri~ the i~iod services ere being performed and rmalt in additional ABB work requirem~ts, this Agreenent ~ be modi~ed by spprmal ofthe parties. In eddition, ABB will perform . authorized by the Client. When such work can be identified h advance, ABB will provide a reasonable estimate for such work and written authotizatlon will be obtained. FEES AND COMPENSAT/ON £n//needng Serv/ces. Compensation for work performed for profess/onal eng/neer'~g serv/ces shall be as follows. A.I. Design Report and A. 2. Construction Plans $4,800 Fixed Fee A.3. SFWlVfD Permitting A.4. Constru~on Services $2,500 lqxed Fee $2,500 Fixed Fee Surveying Servkes. Compensation for work performed for prof'essiona~ surveying services shall be a fixed fee ofS1,900.00. Sub-Consuhant Servkes. Compensation for sub-consuhant services sh~ll be as follows: Do C.I. Ardaman & Associates C.2. Senkins & Charland $2,000 Fixed Fee $4,950 Fixed Fee Meetings. Compensation for work performed under Section D shah be based upon the actual time and materials expended. The estimated fee for this work is $1,000.00. 4. TIME OF PERFORMANCE ABB will start services promptly upon receipt of one executed copy ofth~s Agreement and would expect to complete the design and permitting portion of the work within 180 days ora Notice to Proceed. OUTSIDE SERVICES Outside services not speci~cally included in th~s Agreement ate as follows: Ao Environmental (wetland/wildlife) Services and Permitting Legal Services Services not specifically descn'bed in Section 1 of this Agreement WP-O2-O077G.PRO/97 3 ........ ~ i I I IIIII I I II IIIIII IIIIII IIIIIIII .......... ILKSPONSI:BIZ,n'tES OF CLIENT ABB's performance under this Agreement is contingent upon the Client or others designated by the Client providing ABB ~th: All document~, information relating to special or extraordina~ consideration~ exJstlng permits, maps, deeds, easements, abstracts, surveys, topography ot other information in the client's possession relating to the project. In writing of all client's criteria, design, construction tnd other requlren~nts for the project. Co Provisions For the Consultant and subcontractors to enter upon public and private lands as required to perform their work under this Agreement. We hope that this Agreement s~tisf'actorily responds to your request. If the Agreenent is acceptable, one original copy', signed by a duly authorized representative of'the Client, s~ould be returned and will serve as our aut~o ,rization to proceed, by signin8 below, the undersigned hereby represents and wa~'ants that they have ~ull authority to contract on the Client's beha{iefbr the services and fees proposed herein. Ir'you have any questions, please do not hesitate to call. Authorized Signature and Title ! encl. Date WP.O2~077O.PRO/97 WORK ORDER # ABB-FT97-1 t. :'~" ".' · '."- Agreement for Fixed Term Professional £Bgleeering Services Dated September 26, 1995 (Contrite #9S-2422) This Work Order is for professional ensinaertns services for work know· as To desieo and hermit a control stntcture ren~scement st abe Snnnilsnd .M,ne eh.once on The work is specif',ed i· the proposal dated April 24, 1997, which is attlched hereto aid made · put of this Work Order. in accordance with aha Terms and Conditions of tbs Asraeme·! rea.created above, Work Order #ABB-FTe?.I ,s stsdsaed to As·oli. Barber & Brn·dasa. Scooe of' War1[: Task l: EnsJneerlnjServices Task 2: Surveyins Services Task 3: Sub-Consultant Services Task 4: MeetisSs Schedule of' Work: Complete work Wllhln I10 days from recelpf of the Notice to Pro~eed authorezins start of' work. Comoensatioq~ la accordance with Article Five of the Asr,meat. the County compensate aha Firm is accordance with the flefottated lump sum amana! mdicated schedule below (If a task ts time and material, so indtcai, end use the estabhsbed hourly rue(s) as enumerated in Schedule 'A' of Ibe Afreement). Task I: Enslneerens Services S9.100.00 Ilump semi Task 2: Surveyins Services S I.90000 (lump sum) Task 3~ Sub-Coos·haul Services S0.950.00 (lump sum) Task 4: Meal,nas SI.000.QQ (tame & materlall TOTAL FEE SI e.es0.oo Any chanse within monetary aethortly of thts Work Order made subeequent fo final department approval ~ill be considered an additional service and charred accordins to Schedule "A" of' the Asreement. PREPARED BY:_/~. ~.~ Micah K. M~i~. p.E..-pMP P r o)c ~p~ M an~jer..~ a I ATTEST: Dw~&hl ~. Brock. Clerk /Dat~ - BOARD OF COL'NTY COMMISSION£RS Collier County. Florida By: Deputy Clerk Approved as to Form and L~f a,~uf.f.iciency: Assistant County Attorney Date: ATTEST: (Corporate Secretary) :). Type Name sod Title Frederick T. Barber ZZZ, CAair~a~/Secretary ~Witness Signatur~t~ Yv~ L. ~ Print Name V*'ork Order Template LGK/WOFTPE$ O02 By: Timothy L. Hancock. A/CP. Chairman At·oh. Barber & Btu·date_ Inc. Company Wllflell Slsiernre ~ Dmtinlck J. Af~dco, Jr. Print Nine A3. A.a. ~d ~ ~ ~e Seotech~ul mjb-consulunt (J~rdam~l A.oci~tes) Provide ~n ~s opln~on of probable cos~ of con. ruction of thc proposed control m~Jcmre SFWMD Permitting - Submit the r~luLred number of'plan sets and design r~ort to the South Fiorldt Water M. tnasement District for the purpose of obtsinln8 construction ~pprovfl o£the proposed ~on~rol structure. It is · ssumed that permltt~8 or'rigs structure will be · simple, straight forward process, administered throush the. Pt..Myers o~ce ofthe S.F.WM D Construction Services - Provide services during thc constnsaion phase of the project conslslin8 of thc following activities co Assi~ the County in reviewln8 bids. Review shop drswlnss Rolew pay requests. Periodic inspections for the purpose of providing e~,ifsm~s-of c~ a certified record drnwi~ Provide cenificatlon of complied work to the S.FW M D. Surveying Services Provide professional land surveying services to obtain a design survey ofthe proj¢c! area including topolp'aphic int'orrnation covering the slie of the proposed structure and lgsh water mark elevations and cross seciions 3 miles i upstream and downstream ot'the site. C. Sub-Consultant Services C.l. Retain the sowiccs of A.rdarnan and Assoclales for C,~technical Sub- Consulting Services rclaled to the design smd construction orthe proposed control structure C.2. Retain the services of'Jenkins and Charland for Stmclural Sub~onsulgng Services related to thc design and con~mction orthe proposed contro! structure. '#D. Meetings - Attend meetings as required by the County and regulatory agencies on · time and materlal basis - 2. ADDITIONAL SERVICES AN'D EXTRA WORK Wl~.02.(I07'IO Services not specifically included in Section I. Scope of Servlces will be performed as additional services on tn hourly basis, plus reimbursable expcnses in accordance with the Rate Schedule enclosed with this Agreement. Services a.nd fees pro~ Ided in this , r':. 2 ~ :.., :-,.::...; e FEES AND COMPENSATION Engin~ring Services. Compensation for work performed for prof__e~_'onal en~eeri~ services K be u I'ollo~. A 2 Construction Plan~ S4,SO0 Ftxcd Fee A.~. SFWiK~ Pe,'m. hd.S A.4. Construction Services S2,500 Fixed Fee S2,500 Freed Fee Sm~yin~ Sen4ces. Compensation for work performed for professional sw'veymg services shaJl be a fixed fc~ of SI,900.00 C Sub-Consuhat~ Services Compensation tot sub-consult,~t services s~tll be as C.I. Ardaman & Assod~tes C.2. Jenkins & Chadand S2,000 Fixcd Fcc S4,950 Fm~ Fee MeetM~s ~on for work performed under Section D shall be based upon the IctuaJ time and matetiaJs expended The c~imatcd fee for this work is 4. TEME OF PERFORMANCE ABB will ~ services promptly upon rcccip~ of one exectrted coFy oF'his A~'c:cme~ and would expect to complele the design and permitting portion ofthe work witldn 180 days of · Notice to Proceed. OUTS~E SERVICES Outside services not spe~fi~ included in this Agreement are as follow~ Environmental (w~land/w~d~ife) Services and Permitting Scrvices not ~ly degn'bed in Section ! ofthi~ Agreement S. RESl*ONSXBILrrXF~ OF CLieNT ABB's perfonnancc under this Agreemcnt is contingent upon the Client or others des]gmtcd by the Client providing ABB with' All documcnt~ infbrrnation rclatlng to special or extraordina~, considerafo~ existing permits, meps, deeds, ea~ncnts, sb~ sm'vzTs, topogrephy or other information in the client's possession rcleting to the project In writing of~ client's critcr~a, design, construction and other requirenwnns for the Co Provisions for thc Consultant and subcontractors to enter upon public and I~vate l~ds as required to perform their work under this Agreement We hope that th~s Agreernent satisfactorily responds to your requcs~. Il'the Agreement is acceptable, onc origina~ copy, signed by · duly authorized representative of thc Client, should be rcturned and will serve as our authorizet~on to proceed, by signing below, the undersigncd hereby represents and wa~a~s that thc'y have tull attthority to contract on the Client's behalf'for the services and fees proposcd herein If you have ny questions, please do not bcsitate to ctll S~ncerely, , a~)~OLl, ~ARBER ~fe~R~GF~ fNC P-rinciptl In Ch~rgc [ / D~nielW Bmndage, P.E. t / COLLIER COUNTY OFFICE OF CAPITAL PR0~ECT MANAGEMENT Authorized Sil~turc and T'~e WORK ORDER # ABB-FT97-1 Agreement for Fixed Term Professional Engineering Services Dated September 26, 199S (Contract #9S-2422) This Work Order is for professional en[ineerin~ services for work known as Sunniland Control Structure Proiecl. To desitn and ~ermit a control structure renlacement at the Sunniland Mine entrance on g,R 29. Thc work is specified in the proposal dated April 24, 1997, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the A[reement referenced above, Work Order #ABB-FTg?.! is assigned to Agnoli, Barber & Brundage, Inc. Scoee of Work:' Task I: En[ineerin[ Services Task 2: Surveying Services Task 3: Sub-Consultant Services Task 4: Meetings Schedule of Work; Complete work within 180 days from receipt of the Notice to Proceed authorizing start of work. Comoensation.._ In accordance with Article Five of the A[reement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement}. Task 1: Engineering Services Task 2: Surveying Services Task 3: Sub-Consultant Services Task 4: Meetings S9,800.00 (lump sum} S i,900.00 (lump sum) $6,950.00 (lump sum} $1.000.00 (time & material) TOTAL FEE S19,6S0.00 Any change within monetary authority of this Work Order made aubsequent to final department approval will be considered an additional service and char[ed accordin~k' to Schedule "A" of' the A[reement. Date Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COM.MI$SIONER$ Collier County, Florida By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant Count~ Altor.~ey Dale: By: Timothy L. Hancock, AICP, Chairman I llllllll Mr. Robert Wgey, P.E. Collier County O~ce of C. apital Project Management :3301 Ta~ami Tr~ East, Bu~ldlng D Naples, FL 33962 Re: RECEIVED APR OFFICE OF CAPITAl. PROJECTS MANAG£},tEN't Proposal for Control Structure Replacement at Sunniland Mine on S.R. 29 Fixed Tern Professional £nglneering Services Contract #95-2422 ABB PN 7447 Dear Mr. Wiley: At your request, Agnoli, Barber & Brundage, Inc., is pleased to submit tl~s proposal to render pro£essiond services under our Annual Engi~, eering Services Contract with Collier County for the control structure replacement to be located at the Surmiland Mine entrance driveway on S.R. 29. As discussed w~th you and at your direction, the replacement design will not involve a basin study w~ich is beyond the scope of'this proposal. The design will be based upon high water marks and channel cross sections 3 miles+/- upstream and downstream to be determined from field survey, as well as wet season water table data from existing 5FWMD permits and/or USGS wells h the adjacent area. Elevations shall be based on NGVD. Permit:ing ofthe replacement structure is · through SFWMD. AgnolL, Barber & Brundage, Inc., hereinafter referred to as ABB, proposes to provide Collier County OCPM, hereinaler referred to as Client, the following professional services: I. SCOPE OF SERVICES Engineering Services A.l. Design Report - Prepare a briefdeslgn report that will document available mean high water elevation data obtained 'from governmental' agency records and field survey ofhigh water marks. The report will also address required flow capacity of the proposed structure based on the flow capacity of existing or proposed upstream and downstream culverts. Based upon tkis information, the report will present recommended design'high water elevations, flow through capacity, and an operating schedule for the proposed control structure to be reviewed and approved by the County. A.2. Construction Plans - Based upon the recommendations developed in the above referenced report (and approved by the County), develop construction plans and specifications for the proposed control structure. ~L~Office:?400TamhnfiTr~lN..Suit¢200, Nap~cs,~lor~da34108. (941)597-~II1. FAX: (941) 566- 03 ,/,~,, L~eCotmt)': 1625 HcndrySt.,Suhc 101, Fort Mver~, Florida 33901. (941)334-1173. FAX:(94])3 , ..~.; .,,~,,,. ~ .Chsrtnnd) ~ t~e geotecbnical su~ (.~rdamsn and A.t~-iates) Provide an enSine='s opinion of~ ~ of~x~nmx~m of the proposed control structure A.3. A.4. Construction Services. Provide services d~ing the constmction p~se of' the project consisting of thc following activiges A.~slst the County in r~ewing bids. Review shop drawlnss. Review pay r~u~s. P~c ~ions for ~e ~ose of~o~g~ ~ ~ a c~ed r~rd ~. Pro, de c~i~tion ofcompl~ ~ to ~e S.F.W M.D. B. Surveying Services Provide pro£essionz] land surveying services to obtain a design survey ofthe project area including topographic information coverin8 the site of the proposed structure and hish water mark elevations and cross sections 3 miles + upstream and downstream of thc site. C. Sub-Conmhant Services C.1. Retain the sen, ices of Ardarnan and As,,.ociates for Gcotechrgcal Sub- Consulting Services related to the design and con,ruction of the proposed control structure. Co2. Retain the services o£.fenklns and Charland for Structural Sub-Consuhing Services related to thc design and con~mctlon of the proposed control structure. Meetings - Attend meetings as required by the County and re~lasoty agencies on a time and material btsia 2. ADDITIONAL SERVIC'F~ AND EXTRA WORK WP.~2.00'rTO PRO,J7 Services not specifically included in Section !. 'Scope of Services will be performed as additional services on an hourly basis, plus reimbursable expenses in accordance with the Rate Schedule enclosed with this A&re~'nent. Services and fee4 pro~ Ideal in this Agreement are based upon governmentg rules, regulations tnd policies in effect at the time of execution ofth/s Agreement. Should changes take effect during the period services are being performed and result in additional ABB work requirements, this Agreement will be modified by approval ofthe parties. In addition, ABB will perform additional services beyond the work descn'bed within this Agreement as requested and authorized by the Client. When such work can be identified in advance, ABB will provide a reasonable estimate for such work and written authorization ~ be obta~ed. FEES AND COMPENSATION A. Engineering ~ervices. Compensation for work performed for professional engineering services shall be as follows. A.i. Design Report and A. 2. Constmc',ion Plans $4,~00 Fixed Fee A. 3. SI~ID Permkting A.4. Construction Services S2,500 lqxed Fee S2,500 lrtxed Fee Surveying Ser~-ices. Compensation for work performed for professional surveying services shall be a fixed fee of $1.90000. Sub-Consuhant Ser~'ices. Compensation for sub-consulta.nt services shall be as follows: C 1. Ardaman & Associates C.2. Jenkins & Charland $2,000 Fixed Fee $4,950 Fixed Fee Meetings. Compensation for work performed under Section D shall be based upon the actual time and materials expended. The estimated fee for this work is $I,000.00. 4. TEHE OF PERFORMANCE ABB ~ill start services promptly upon receipt ofone executed copy of'this Agreement ~nd would expect to complete the design and permitting portion of the work within 180 days ora Notice to Proceed. OUTSI3)E SERVICES Outside services not specifically included in this Agreement are as follows: Environmental (wetland/wildlife) Services and Permitting Legal Services Services not specifically described in Section 1 of this Agreement WP-O2-OOTTG.PRO/9'/ g. RESPONSIBILITIES OF CLIENT ABB's performance under thls Agreement is contingent upon the Client or others designated by the Client providing ABB v~th: All documents, information relating to special or extraordinary conslderadons, existing permits, maps, deeds, easements, abstracts, surveys, topography or other iz~'ormation in the client's possession relating to the project. In writing of all client's criterh, design, construction and other requirements for the project. Co Provisions for the Consultant and subcontractors to enter upon public and private lands as required to perform their work under this Agreement. We hope that ds Agreement satisfactorily responds to your request, l~'the Agreement is acceptable, one original copy, signed by a duly authorized representative nfthe Client, should be returned a~d will serve as our authorization to proceed, by signing below, the undersigned hereby represents znd warrants that they ha~,'e ~ull authority to contract on the Client's behalf for the services ~nd fees proposed herein. Ifyou have any questions, please do not hesitate to call. Sincerely, A~'C~'o L I, B ARB ER ~B RUNDAG~ 1NC. Principal In Charge / / DanieIW. Brundage, P.E. / / COLLIER COUNTY OFFICE OF CAPITAL PROJECT MANAGEMENT Authorized Signature and Title end. Date 9,T-02-007'/G.PRO/97 SUMMARy AUTHORIZE A REDUCTION IN THE CONTRACT RETAINAGE FOR C.R. IMPROVEMENT PROJECT BID NO. 9~-2320 PR/OR TO FINAL PAYMENT ~ To authorize a reduction in the contract retainage amotmt for C.1L 951 four laning improvements prior to final payment. CONSIDERATIONS: The Contractor, Better Roads, Inc., has completed the construction of the C.IL 951 fou~ laning improvements between S.R. 84 md U.S. 41 and has requested final payment. The final payment would have closed the current contract without the inclusion of the Sabal Palm Road Culverts Replacement that was authorized by the Boa~l of County Commissioners on May 20, 1997. The Contractor is willing to include the work under the existing contract subject to a reduction in the current contract retainage to one percent of the total coniract amount. Since the C.R. 951 work is complete and the final payment including retainage would have been made at this time had not the Sabal Palm Road culverts been included in the contract in May, staff is recommending that a reduction in the retainage amount to one percent or $97,.367.24 be authorized by the Board. The Office of County Attorney has advised that the approval of this request amounts to a supplemental agreement without physically amending the construction contract. k~.-~FISCAL IMPACTi None. GROV~rTH MANAGEMENT IMPACT; None. RECOMMENDATION; That by approval of this request, the Board of County Commissioners: (1) Approve and authorize the reduction in the current retainage amount to $97,367.24 (2) Authorize staffto pay to Better Roads all amounts ofthe retainage above $97,367.24 prior to final payment and contract close-out. PREPARED BY: REVIEWED BY: REVIEWED BY: Mic~ K. Massaquo!,~p, Project Manager Offfi:~ of.Capital ~ts Management Adolf~A. Go~lez, P.E. E~:~-ctor~, OCPM Ed Ilschner, Public Works Administrator DATE: ~~' DATI~: ~ cc: David F. Bobanick., Interim Transportation Services Director I / EXECUTIV~ SUMMARY AWARD A CONTRACT FOR THE SITE DEVELOPMENT OF SUGDEN PARK AT LAKE AVALON, BID NO. 97-2670. ~ Request the Board of County Commissioners to award a contract for the site development of Sugden Park al Lake Avalon. CONSIDERATIONS: 1. On May 21, 1997, bids were received and opened. 2. Bid Invitations were sent to 197 contractors. Eleven (I 1) contractors attended the mandatory pre-bid meeting Ten (10) contractors purchased plans. Bids were received from six (6) firms as shown on the attached bid tabulation. The low bidder was Bonness, Inc. with a net bid of $706,22 ! .00 (base bid of $715,:533.00 Jess alternate #I ofS9,312.00). 4. Staff.checked references and experience statements and determined that Bonnes~, In~. is the lowest responsive and responsible bidder. This is one of five separate contracts instead ofone gene'al contract, for which we will request approval. OCPM will coordinate the activities of contractors for the following work thus eliminating an estimated 10% general contractors markup for a savings in excess of S200,000. Site development Administration and toilet buildings · Site electrical and lighting , Landscape and irrigation · Docks and piers FISCAL IMPACT: Monies are available in the s, moum of S706,221.00 from Fund 306 (Parks Capital) ! 16360-80081 and Fund 34:5 (Regional Parks Impact Fees) 116360,,80081 (Sugden Park). Q]~OWTH MANAGEMENT IMPACT: Consistent with the level of service and requirements of the parks program. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute a construction contract, after review and approval as to form and legal sufficiency, with Bonness, Inc. for $706,221.00 for the site development of Sugden Park at Lake Avalon. · ,',.:; t '" I · _ '.: .--.L.-?- ! Executive Summa~ Page 2 PREPARED BY: REVi~VED BY: REVIEWED BY: Office of Capitsl Projects Management Adol~o A. ~ez, P.E,~'~'~r Or, ce of'Capital Projec~ l~tnagement Stephen Y. Carneli, Director Purchasing Departmem Thoma~ W. O-Il[ff., Ad.or Public Services REVIEWED Ed Ilschner, Administrator Public Works Division pag exsum~ugdmp~9~-26~0 FAC NG~/PCRCH F, XF. CUTIVE SUMMARY i~COMM~NDATION THAT TI~ BOARD OF COUNTY COMMISSIONERS APPROVE AND F.,XF, CUT~ A LF..ASE AGI~EMENT BETWEEN COLLIER COUNTY AND COLLIER MODEL AERONAUTIC CLU~ INC. ~[~[~,s~~: Since 1957, the Collier Model Aeronautic Club, Inc., · Flofda not-for-I~x~t eoqx~ation, hn, einafl~ ~ to as "Club", hms utilized a portion of vacant County-oss~d property ~ Io Manat~ Elementa~y~ School ~ in Section 1 I, Township 51 South, Range 26 East, Collier County, Florida. The Club has ~ the thirty (30) acre subject property for operating a hand-held remote ~ airplane club. Tl~n~ntLease~ for ll~ Club expired on January 31, 1~)7. Shortly~,~ Oub~a~ Lease. Akeasewasp~aredandtben~totheParksand~~Bomrd("AdvisoryBoan~ for draft being recommended by t~Se Advisor.' Board for approval by the l~ard of Court. Commissioners. The Lease term shall be for five years commencing January 31, 1997 and e~ding January 30, 2002. The Club is $rant~l ~ ~ to ~ ~ ~ for ~ (I) five (5) year t~m by providing the ~ with l~e required nolice p,xrty with thirty (:30) day ss~-itten notice. Any. proposed improvements to the property by the Club shall be requesusl in writing to the County for prior approval. ~nce a week for two (2) consecutive weeks pursuant to Florida Statute 125.35. The only int~est~ pan3, to respond to the advertisement ~ts Collier Model Aeronautic Club, Inc. A copy of the Club's response to the advertisement and the Affidavit of'Publication are attached for review. The attached Lease is being presem~ at this late d,~ ms a result of'the Club's not registering its current officers ~th the State of Florida Division of Corporations. None. ~: That the Bomrd of Count~' Commissioners approve the Club's bid and fl~e Lense with Model Aeronautic Club, Inc. and authorize its Chairman to execute the same. BY'~ _ DATE:, ~-. ~.~_ PREPARED REVIEWED BY :~~L~~ DATE: Maria Kamscy, Director, ~ and Rccreatzon Department _ REVIEWED B~,~~~k~:~~ DATE: ._.~__~ Thomas W. Olliff', Admin~tor~-Public Service Division L¢15¢ k THIS LEASE AGR.~EMEN'T cmercd intr lh~q ---- da.~ of~. I~-?. hct~ccn COLLIER MODEL AERO%ALTIC CLb~, ~C Turqum~ A~uc Niplc5. Fion~ ~114. ~rcmj~;t t~c.~ ,o I~ "LESSEr' ,~,~ COLLIER T~d. ~1~. Flon~ 34112. hcrc~flcr rcfc~ :o J5 "LESSOR' tA'IT'~ E S SETH in coastdera:~on of thc mutual co, cnant.~ contam~ hereto, and other ~aiuablc cons~dcral:on, thc ARTICLE I IDcm~se4 ~'r~mls~s LESSOR hcreb~ leases to LESSEE and LESSEE hoteL'? le2ses from LESSOR :he adjacc[.' to th: Mar, a:¢¢ Elemental' and M,dclk S:h',ol dcsc~bcd as th~rr) ~.~01 acres m,~rc ,~r less. Located ~(hm Section Il. To~hlr SI Souih Ra'cc 2' Eas'.. Colhcr Cmml~. FJcrtd3 and '.~h~ck pam:ularl} d:pJCfed on ~'~.'~l 'A' ~;~;:h ,~ 3t'cckc~ h:rci3 an~ mad: a 3a~ of ~h~ Lca~¢. hcrcmafi;- called ~hc 'Demised Premises'. $1luaic: :' cu.: Ca; ~:x ;F Collier and ~h¢ S~:c of FI~t.:a ARTICLE 2 Term ~t' Lc~se Janua~ 31. ~u' and :~dmG Janua~ :' ~;'~2 ;E~qEE ~s gran~:~ :he ~:'~ ;"r','.:~'d ~: ,. no: n of thc L'nttcd S:3tc~ Pon O~c¢. Rcg~s~¢rcC .*t Cc~ r~ Ma::. Pos:ego Pr.;m~..s fcr ~o~;':.T :.,.', Lm::s Poma;" ':.c:a i F ~(.r F S us; cf' :he Dcm::~cd P'cr' nm-co~nph~t ~h ~1,¢ Co!i,ct Count, (,'~lc LEc, SOR or LES.~OR'S aEen: ,~ :: ,r:~":c a'.t? a~',:.. LESSEE ~crbalb of such ~lolat~on LE.~C, FE ~,:!' :mmccl,atck c.','r¢ct LESSOR'S ~¢rha! notice If'thc Don-comDhan¢¢ :s n-t COrr:C:c~ at :he :;mc .~( ag."~t, shall c;asc epcrauons a: thc De?"~:~. P':~"~,, ~e:l' St;th :.mc a( Iht '%,r-;o~.?"a";..., -,',,' . ,~r,ncn not,cc ,~f' LESSFE'S non-com;h:lr;, ~*al hc /,~"~arJc~ [,' LESSEE'~ LESSOR'S ~ndm~ lo zhc address ~:t frr:!: -~ '~s '~gr.~'m;n: :a Ccm6cd LESSOR shah continue res random n';'-,;¢?..e of ~hc z~ ~) rcno~als ~heteof for compharcc cf C o~ra:~on If a~ an~ t,mc LESSEE ,s ".n-:mn~:::r~: nf sa,d C~,. L~ ~OR kh.q' ::.,,. ' .'.,: ): a ''. ~mtsed Prcm~(c~ anlr: such l~mC ~ J '~".C~'?' 3':C r$ ;cr'czt~ ? :h~' ~,'-;r'nr' .;'~:. ~ ,r? -..~'~ canno~ ~ corrccl~d m ~hc op'mO~ O~lh, J F~OP '~'~ AGt:~nt s'~' ~J [c~;r~.'~ ,D ..... t::: ,. LESSOR ~o thc 3Jdrcs~ sc~ Forth tn tm, A~'c;":.: ARTICLE I r;:~EE hcrcb) co~enants and 3.e-ecs lc ,an.. 35 ret: for the Demised P'er'l'~cs th;' rum ct De, liars ~ r'(:'lOO Cents (S10 00) pc: a'~.'.u? dpo- :he anmvcrsar',, date of iht cx~cutm- ~.f .I- . 1 A8rcemcn! ARTICLE 4 Other Exoenscs and C~r~cs mci.dmZ, ha: not . m;'c/ Agende..Zteq l JUN I 7 lhc Dcmtsgd Prcm~scs If LESSOR ch:ct* re, .ltlrc~s I0 pa) [h~ san~: as ndd~Hon~l rcnl ~lO~m ARTICLE S Modzficatlons to Dcrntsccl Prcmm",. LESSEE ~ll provide ~o LESSOR al: p,o~.s~l~ and D~an~ F~r altcrah~s ,~Dro~cmc~:s. chan~cs o- ~m~s Io t~ ~s~ Prem~s for LESSOR S ~r~ct approval, s~cl~m8 ~ ~ r~tm~ ~ na:,rc ~1 ¢~:nl of~e des~r~ al~cral~. ~mpto~'~m~l. chang:, or addn~, ai~ ~t:h ~hc cnmc~p[a'¢~ sMr'n~ and LESSEE LESSEE co,~nan:$ a~d a~rec$ m cortn¢¢t~on$ ~th ~ maintland, t~a,r ~or~. :~st~ch~. ~mpro~cm~t. addl:l~ or allc~t~en of an~ authorized m~:~catmns addr~.~n~ e' ~mpr3~ lO [hc Dcm,s~ Prcmls~ l~ cb~c~c an~ cornel} ~tl:h ali lhcn an~ All ahcra~ons. ~mpro~cmcn~s and addm~s :.~ sa:g Demised Pr:m~cs shah 'cFa,rs ~: LESSEE S c~pcnsc ~RTICLE 6 A;ccss Io Demised ~RTIC ~E 7 L S¢ of :he Dcm~s~ LESSEE ~n3n:s and agr~s B l'hal thc usc a: :he Dcm~so:m Prcml$~.! shail b~' rc(~ngItd tO rn~mb~r.~ o£ LESSEE a.J :nc r 'a~.;,~ C To k~p thc ~cmis~d Premises m 3 caruF:, ~W; c):3~ and ~r~pjr m~n,'. " 3djommn~ Ibc Dcmmscd Pr:m~$¢s clef ~ ~.~'~ ;-~ not pc~,l a~' -uhb,~k ~., propcmcs E To ab,de b~. all rules znd regulations estabhshcd b~ LESSOR or ~t~ des,gt'.ct -,h~:F '~a' "c s'"" ,~-~ from t~me to hmo F ,~ot to usc o¢cu9) suffer or perm,: thc Dcm,scd Prcmmscs or ~ pa~ Ihcrcef te 3c u~ or c<~umcd ',~ ',ncr ~,¢ :)~,. cos'. Cf hazar~ ;nsuranc~ ~C :~; ) FS~OR :~;r an~ abc'.: :he ~a' :;:,' '"'he LI'SSO~ G Thc LESSEE. ~t.s members. ~ucsts and m',~tccs ~hall not ~? han~-hdd, rad~o-c,~:rolicd a~t~la:l~.-~ o~.,,.'r · R~CL£ ~ ~ LESSEE co,c~a~ts a~d q, rmt~ no~ to ass~ ~h~ ~ or to sublet ~c whole or an~ pa~ of lh~ ~ P~. or to ~ ~ ~cr ~rsons to ~cup~ ~ ~t ~ ~T~n~ c~t of LESSOR ~ such us~ or subl~ln&. ~cn ~'~th Ibc c~scnl of LESSO~ shall not rchc~c t. ESSE~ from habd~, for pa~cn~, of t~l or ~r sums hcmn Dre~d~ or fr~ ~ obh~zl~on to ~cc~ ~d ~ b qd b~ · c ~e--,~' . ~j~I~ons ~d ;o~c~an~s of :h~s ~c ~e 3c~p~ncc or rcnl ft~ jn~ Mhcr pcrsor ~al', ~c or subl=mn~ of thc ~m~ Prcm~scs ARTICLE 9 LESSEE. ,n co¢~sdcrat~on often Dollars (SIO DOi. thc r~lpt ~d su~acnc~ ac~l~, shall mdcmn,~. ~f~ and hold ha~ltss L[SSO~ ~s ~ts and cmpl~ccs a~mst ~} a~ a~ hab~h~ {s~1uIo~ ~t o:h~'~s~) dare,Scs, claim< su~ts. ~cmard~ ~3ma~; :0 prnDc~', t,n;L.dm~ ross o? u.: th:tenr, ?: ~tc~ to ~A) LL~Et ~ u~: ,~ :',: ~BIa~ ~or[ or :hn~ ~al~crdon. ?.- ?~ ;n';.'"~ cron:Cd (nlhc' Than b~ ].rg~OR ,:~ thc Dcm,~ P~:m~ics ~.t to or rcsull~"F "or' ::~', .::"n~: b} LESSEE ,n ~hc p¢~,.~an~. :' ex,nsc, b} counsc: rcasenab.) sa:~s~a::c~ lc LESSOR ~ LESSOR sha~: no~ ~ I..~!3 f~r z~ .r ~. ~r d~maD~ to ~r$o~ ~r pr~m caus~ b} thc dements or b~ other p~rsons in Ibc ~cr ~cd P'.*' ~.' , - ~rom :h: site,; 3' suh-s.'f::. ~y pubhc or qU~l-pubhc ~orks ~c LESSOR shall not ~ habit for an, damage< t~ or loss of. ~nclud~ng loss ;J:Jc pro~.f. . ~.fmn~ on thc Dcm~s~ Prom,scs or 3~ pa~ :hereof, ard lC,; L[:S~; E aF';c, :c '..~,,c :~. ~ross nc~hBCtlCC or ~Llifu] msconducl et :he [ ES~OR :.t ;ts employees ARTICLE 10 Insurance Do;!3-s ~d%o (c'q~ ~S~ "U "';'0}c.'-~ t :c< 'a,' -' '5 ~ I'tt1~ thc '.L'~' CrIb'< .~,-..,m,'v I~ .::~'~ o,' ($10g.,)gO bO) each accident Such insurance ;:~hc)¢icsJ shal! 'rsT SUCh ,nsura. nc¢ shali bc pros Id~l l0 thc Co!her Tra,l. A~Lmmis:rallon B~idln~. N:apics. Least ',,grccmcnL and shall include a Count', c'o Cou~,:~ R,sk \lanagcmcnt DcTanmc': co'.crailc LESSOR tcser',c~. :he rtghl lO nc~cc ~n ,.,,'n,ng To LESSEE. ~hcreupon ~,bch to obtain such addmonal ~nsur~ncc ART1CLE 11 ~ LESSEE shall, al i~$ $o1¢ c4)5! a'lC[ ¢~.;,"rl~;. ;,¢:'~ thc ~ml~ Premises ~ts~ Pre,scs arc not kcp~ clc~ m :Mc e;.~,oe F LESSOR. LESSEE S and such ¢OS~ shatl constaNCe 3d~::lc.r~, re-' ~,: .'" s~3'.J t~pt of~cn nou~ ofcos:s incurred b} LESSOR Agenda JUN 171997 The LESSEE. at ~ls sc, lc cost. shah rcr)',:r ,~1: damage to th,.: Dom~scd Prcm~s caused b'. LFSSEE ,ts cmplo)-ocs .agents. tr~::lcDcndc'nt COrltr3clors. J~ucsH, ~n~,lt~c$. hc~n~ecs, or patrons ~ LESSEE. at ~ts solc ¢o~t. ~haH rrmn~c ¢°c'm thc Demised Prcm~sc~ of ~ Mturc ~ver which mlgh: accumulate and In~ {r~ ~s~ss Such t~sh. ~astc ~d rc~ shall ~ sror~ m ClO~ contracts ap~m~ cd ~x thc I [ ~OR ARTICLE 12 Dcf'auh b', LESSEE Fadur¢ of LESSEE to compl) for nlnct~ shall constnu~c a default. LESSOR ma~, ~n~ ~ Io L~SSEE. unless thc dc~auh ~l~ & 2fmuh b) LESSEE. ~ ~ms L~s~ ma) ~ tmm~attl) lc~)~t~ b) LESSOR (aS Abandonmcn! ofD~m~t, od Premises or d~s¢onunuauon of LESSEE'S ol:,~ratmr Fals,ficahon of' LESSEE o'r an agcm oKi, ESSEE of'an) r¢~'.n rcqu,rcd h~ hc fi:re'shoe :~- LESSOR pursuant lo th~ terms orth,s Lcasc (cS ElhnR of insob.¢nc), n:orgamzahon mp:3~ or :',rr2.n~:m.2nl or bankruptc,, (dS Adjudmai~on a.s bankrupt ~¢ ~laklng of'a g:ncral ass~gn-~tn: Or:h¢ b.,'~,*t'.: cf :rc~:crs It") If LESSEE sufTtrs th~s Lca~t to bt LaLC" undtr an) ',,, rjr ofcxtcu:~on In ibc t~tnl oFth¢ occ,,rrcncc r"znx rrff': pubhc ~archouse or cmsc~hcr: al thc co~t ef and F;r ~¢ ~hmch ma) bc ~casmoned th~rc~ Ibis) I~OJ ~'. S pu'~uani I0 ih: Florida Mccham~ l,c' ARTICLE 13 Dcf':,ul~ b', LESSOR ARTICLE 14 ~ouccs An... not,ct ~h,ch LESSOR or LESSEE ma~ b~ r~u~rcd to ~r,¢ to ~hc c:ht, p~?, shaT ~rmnj,' :a iht other p',rl} al Iht f'ollovnn.~ addresses LESSOR Board or Count) Commissioners c/o Rca: Propcn} "di.,~ml Dcp~ .':30I T;u'n~m,~ Trai East A~m~sIra~on Bm,drag N~I~, Flon~ 34112 LESSEE C,"thcr ~,l:Xlel 4."ronl~uhc Clut' h'c c ' D:nald Camcs I 2~; Az:;c Cou~ 'slarcc is!and Flonca 3414~, cc Ot:flc~ofth¢ Count. Anor'n~ ARTICLE I.~ Surrender of Premises LESSEE ,~halt remo',,c an.,, ~mpro..¢mctq$ cnmpl~r.,d b) LESSEE pr,or I.~ the L,c~s.c and shat' d,;;~'.¢r up 3nd surrc,der te[ ES~;OR pos.~c.~,nr, cf :~ Dcr,'~:'¢ Pr,cruises ~rld an', this Lc,~s~ u ma", ha',.t beer. 'put b} LESSOR or LESSEE dunni~ thc ¢x~tmuanc,r !hereof r, rd.rlan ',,car and tc~r ~ d.,trnaitt b.'. Art' or thc ¢lemcnl$ bC'm. ond LESSEES control ARTICLE LESSEE fi,', understands th,it r"'c pOilCC a"' 13~ Ct'forccrq,;n: securer', 7',~t:,'r'~ F';",~d,-'.; bt ]a',t nccc$~r) for ;~dd~:.ona) pro~cchon of thc Demised Prcr~scl $ha;; bt thc sole tespons~b~:,t, a. nd cos! cf LESS'-E and shaJ', n,.ol,.c no cos~ or cxpcn~ to LESSOR LESSEE express),, a.~r¢ts for ~:~!f' ~:l s',Jccesser a. nd ass~s, to re.tn From an~ usc of thc ~l~ Prcm~s ~h~ch ~ould mlc~rrc ~::h o' ad~r~l~ ~ff~: [he ~ra:~o~ or ~3:~tcr3~ce ,'t LESSOR S standard o~'~hons ~re p:hct ~tah~nf share ~m~m faclhl~es ia) RJ~ts no(s?¢,c.t'~:all) Erantcd thc LESSF. F I' :h,,~ Lease '.r,. he-eh', ,¢~cr'.¢d to thc L.F SSOR LESSEE ~'£rccs to pa.'. all sales la,, ~mF,:,sed o": :he r¢~tal of thc Demised under I:.~ ,ARTICLE .ARTICLE folio',,, lng ARTICLE lq T~r~,;:~_~. LESSEE and LESSOR mn} ter'r':'"':~rc ,ipon Ibc placarded,.'. ,~:'r,(; j~. ~:~ Iht L' &RTICLE 2rJ LESSOR ~n thc Dem~,;~ Pr,,'nt~.¢s sh;. ne, ~, ,,- ..,' :,~ ', ¢r$ for %"*~cmc~', ":nde h ::~.. L~ S~FF and hens for ,mpro'.emcnts made b.~ th,.. L['SS~ [- ar: s;:'~:f~:alk 7rob hired from a:::,,:h nV It' "b,,:a~-.., a hen on the ~ntercsI of!he I.ESSOR ,' thc Deft, :~,.: pursua.., 1o thc protmor$ of and in comp!:ancc t~. ';? '~¢:!,q~ ';} F ::r~a St.~r..':, .~,RTICLE 2: Fffccl,w Dale Th.s Least shall become etfo,--,.., upon ¢':c.:u::o'~ :~ bo~h LESSOR and LESSEE No.~/ JUN 1 7 1997 Pg ._...~ ARTICLE :22 ~ rN V~ITNESS 'vt, Tt'EREOF, the pam¢$ hcrclO have hltlundCt ~! forlh thc,t han:J,~ an.t *..ars AS TO TH~ LESSOR DATED Al-rEST DW]GHT E BROCK. C'lcrk · Dtput., Clerk BO,,Ptl OF COL",,T'Y CO~,IMISSIO"~ERS COLLIER COL%'TY. FLORIDa, BY TIMOTHY L Hk%COC'K AS TO LESSEE LESSEE COLLIER AERONALTIC CLL'~. IXC . a r. ol-fcr-prc(il Flor;da C~rpora:,('m ' ,.:/,.r DO\ALD %~, C-~RNES Prc*,Jcn' #o.~ JUN 1 7 1997 [--" Agenda lt.e~ - ! ~o.-z~.a, .JUN I ? 1.qg? EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT AND AUTHORIZE THE CONSTRUCTION OF A NEIGHBORHOOD PARK IN COPELAND OBJECTIVE: To pro,fide recreational amemties to a population ofcluldren that have nc~e CONSIDERATIONS: There are fe~' commumues ~'ithm Collier Count' that have no pracucal access to any recreauonal amemtie~ for their children, and fewer Cull ~h the popul~Uon of children that live tn the "tcr~" of Copeland The Parka and Recreation ~xff has visited Copeland and were mtn by a Church filled with children and their parents all aaking for gxne t)pe of recreational equipment The Ochopee Fire Department, Collier Count).' Sheriff's Departraent and the Parks and Recreation Deparm'~t have all been working to tm' to prow~de ~gnethmg for the children of Lb~s area x~lthout real result to date However. the efforts have produced a small propenT of approxamately 29 acres tn sm that ,s available and could be used for a park The major obstacle for the Count3.- m regards to neighborhood parks ~s the gotng maintenance costs and tn particular park~ that require sil~ficant travel t:me for a mamtema~ce crew such as ti'us one In fi'as case the local firefighters and residents have all volunteered to ~roxlde not only the cost of clearing all of the property, but to provide all of the on gotng maintenance for the s~te The nearest Count5. park facihtv to Copeland Js Frank E Mackle Commmutx' Park, which is 40 rmles away, and the nearest facdns', Everglades C,p,.' Park, is still 9 rrUles away ]'he only location for these children to play ~s tn the area's roads, which is where th%' can usually be found There Js one basketball goal that is tn bad need of repair and serves as the ordy amemD' to approxmaately 80 children FISCAL IMPACT: The cost to develop a playground at this sae would be $25,000. which could be funded from Parks general fund (306) currently dedicated to Sugden Park Regional Park Lmpact fee funds xvdl be used to replace these monies for Sugden Park construction. The on-gotng maintenance costs would be covered by the residents of Copeland at no additmnal cost to the Count',' GROWTH MANAGEMENT IMPACT: The land's acreage and the value of the tmprovements would be counted toward the County's reqmred level of sen'ice for commUrUD' park facilities and land RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS authorize a budget amendment of $25,000 from Parks general fund capital (306) project #80081, and authorize the construction of a neighborhood playg, rotmd m the Copeland area, and authorize the Department to enter into a maintenance agreement v~sth residents of Copeland for the on-goLng matntenance of the facility once completed Prepared and Recommended for Approval bx': Tho'm~a]s'~' O-~hff, Pu~bli"~'ices Admimstrmor JUN 1 7 i997 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMJVHSSIONERS AUTHORIZE THE COLLIER COUNTY SCHOOL BOARD TO PROVIDE PREPARED FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM Objective: That the Board of County Commissioners authorize the Collier Count:,. School Board to provide prepared food for the Summer Food Service Grant Program. Consideration: The Summer Food Service Program has been successfully administered by the Parks and Recreation Department for the past twelve (12) years. For the summer of 1997 the Collier County School Board has agreed to provide meals at a cost of $1.80 per lunch and $1.15 per breakfast. These prices are average for meals of their kind. All State funds are used for the administrative and operational costs incurred by the Grant, i.e. food preparation, food monitors, salaries, transportation of the food. non-food supplies (cooler:;, trailer rentals, trash bags, etc.). For the past twelve (12) years the Collier Count>, School Bom'd has provided lunche~ to the Parks and Recreation Department for distribution in the Collier Count)' Summer Food Program, which have met and/or exceeded the State's requirements. Fiscal Impact: Monies in the amount of $215,500 for this program are totally offset by State grant funds. Growth Management: None Recommendation: Staff recommends that the Board of Count)' Commissioners authorize the Collier County. School Board to provide prepared food for the Summer Food Sen'ice Grant Program. ~ames R. Thomas, Athletics Supervisor Date:. ~'//~/~'/9 Reviewed and / / ' / Approved by: Murdo Smith, Recreation Mana~g'~'r- Approved ,)v~arla ~am~ey, Director Department of Parks an~~ Reviewed and Approved by: Tho~a~'~. OlliffT~d~strator Division of Public Se~4ces Date: JUN I 7 19~7 COLLIER COUNTY PARKS AND RECREATION DEPARTM£NT MEMORANDUM OF AGREEMENT SUMMER £OOD SERVICE PROGRAM Collier County Public Schools (Schools), whose address is 3710 Es tey A venue, Naples, Florida 34104, agrees to furnish approximately 3,500 meals per day to the Collier County Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116. Meals will be prepared and be available for pick up by the Sponsor at Barton Co(I/er High School and It~tmokalee Middle School in accordance with a mutually agreed schedule. The Sponsor will deliver and/or serve the meals at the following locations: Bethune Education Center, Farm Workers Village, Immokalee Community Park, Sanders Pines, Golden Gate Community Center, East Naples Community Park, Oak Haven, River Park Recreation Center and Girls Inc. recreation sites, Immokalee Middle School Lake Trafford Elementary, Pinecrest Elementary and Gulfview Middle School. 3,000 (est/meted number) of lunches per day at $1.80 per lunch. 500 (est/mated number) of breakfasts per day at $ I. 15 per breakfast. Each meal is to meet the specifications as set forth by the U.S.D.A. Summer Food Program Regulations, 7CFR Part 225, as provided to the District School 8oard. Service is to begin on July 1, 1997 and continue untH August B, 1997, unless program is terminated earlier by e#her party. Sponsor agrees to request monthly cash advances from the Department of Education. The price of meals on this contract includes the full value of any U.S.D.A. donated commodities. The Schools shall hold the Sponsor harmless for safe food handling up to the time of receipt by the Sponsor. Sponsor shah hold the Schools harmless for safe food handling subsequent to rece~ot of the meals. The Schools shah prepare an invoice for aH meals received by the Sponsor at the end of each month. Sponsor agrees to reimburse the Schools upon verification of the invoice and within 30 days. IN WITNESS WHEREOF: The part/es hereto have caused this agreement to be executed by their duly authorized officers. A TTES T: DWIGHT E. BROCK, CLERK BOA RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY BY Timothy Hancock, Chairman DIS TRIC T SCHOOL BOA RD, COLLIER CO UNTY Witness for School Board Witness for School Board BY Pamela Cox, Chairman Approved as to form and legal sufficiency: ^sslstant County ^t-torney EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A BUDGET AMENDMENT FOR REPLACING THE WINDOWS IN THE CUPOLA ON THE ROOF OF THE MUSEUM ON CAMPUS. 0 .ByECTIVE. To gain Board approval for a budget amendment to replace the deteriorated wood windows in the cupola on the museum roof to prevent further rain damage. ¢ON~;II)ERATIQNS In the process of replacing the roofing on the museum it was discovered that the sills of the wooden framed window:; in the cupola v/ere all rotted out and was contributing to the leaks in the roof. In order to eliminate the leaks, the wood frame windows will be replaced with aluminum windows FISCAL IMPA~T Funds in the amount of $3,000.00 would be transferred from the 301 Reserve Fund 301-919010-99100 to Fund 3,3t- 120435-80161 GROWTH ,MANAGEMENT IMPACT: None _RECOMMENDATIONS: That the Board approve the attached Budget Amendment and recommendations relating to the replacement of the cupola windows at the N'luseum to prevent further rain damage to the interior. , PREPARED B~ /3a/¢~, iEro~,nale, Ec;nst.~ction Manager ~,/Dcparlm~'nt of Facilities Management RE'vq~EW'E D BY: Skip Camp, Director Department of Facilities Management DATE: DATE REVIE ,VED BY: Leo E~'Oc~s, Jr., Administrator Support Services Division/ DATE: JUN I 7 1997 · _PO' / BUDGET AMENDMENT REQUEST FUND lilLE Co. Wide Fac[lit[ca Cap[iai Date prepared: May 30. 1997 BCC Agenda date it' previously approved. FUND NO. 301 Attach Executive Summary Item No. EXPENSE BUDGET DETAIl, i BIdg. F Renovations t 1120435 & Misc. Projects ICost Center No. Cost Center Title I[ Reroofing/Repairs [Project Title J180161 ' . li, rojeci'no. Expenditure Expenditure Increase Current Re~,ised Object Code Title (Decrease) Budget Budget 762200 Bldg. $3,000.00 $17,000.00 $20,000.00 Improvements TOTAL $3,000.00 [Cost Center No. J [Project Title Project No. Cost Center Title " Expenditure .Object Code 991000 Expenditure Title Res. For Contingencies Increase (Decrease) ($3000.00) TOTAL ($3,000.00 Current Bud~get $495,313.00 Revised Budget $492,313.00 REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title ] Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds are needed to repair rotting windows in the cupola, which were found in the process ofreroofing the Museum. This is causing considerable damage due to leaks and should be repaired before more damage occurs. Where are funds available? Funds are available in Fund 301, Reserve For Contingencies. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE EXECUTIVE SUMMARY REPORT AND RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS ON THE ONE (1) BID RECEIVED FROM THE ADVERTISEMENT TO SELL THAT SURPLUS REAL PROPERTY FORMERLY KNOWN AS THE LANDFILL EXPANSION PROPERTY. OB~CTIVE: That the Board of County Commissioners determine if the landfill expanston property should be sold according to the advertisement, which was required pursuant to Section 125.35, Florida Stat'utes, to the only bidder; or determine if the only bid should be rejected as unresponsive and unacceptable. ~: On November 28, 1995, the Board of County Corm'nissioners ('Bo2,rd) adopted Resolution No. 95-664, declaring approximately 280 acres of real properv.~ adjacent to the Collier County landfill as surplus and authorized staff to advertise the property for sale according to Flor:da Statutes. On September 19, 1995, an Executive Summary (Agenda Item No. 8 (B)I) was presented to the Board as a "STAFF REPORT OF THE PROPOSED COUNTY MAINTENANCE FACILITY". LR this report to the Board a sketch and detailed description was presented. A formal legal description lessing out the hind required by the proposed County Maintenance Facility was prepared by the Office of Capital projects Management. Staff proceeded to advertise the remaining 252.5+/- acres for sale in the Naples Daily News on March 13 and 20, 1996. Collier Golf Authority. Inc. submitted the only bid in response to the March 13 and 20, 1996 advertisement. Collier Golf Authority, Inc. submitted a bid for $A,025.00 per acre or $1,016,312.50 based on 252.5 acres, more or less. On May 21, 1996, Agenda Item 8 B (I), the Board conditionally approved Collier Golf Authority's bid (Bid acceptance was based upon IDA approval). On October 15, 1996, Agenda Item 9A. the Board was presented with an Agreement for Purchase and Sale of Real Property. On October 15. 1996. the Board authorized staff to re-advertise the sale of said property, thereby rejecting the prevmus bid submined since the conditions of the initial approval were never met. Staffre- advertised said property on November 15 and 22, 1996. Again, Collier Golf Authority, Inc. was the only bidder. A cop.',' of the advertisement reviewed and approved by the Board is attached. The Real Property Management Department received one (1) bid as follows by the established deadline of December 20, 1996: (A copy of ~'hich is anached.) Collier Golf Authority_. Inc. Bid called for $,L001.01 per acre or $1,010,255.03 based on i!52.5 acres, more or less. According to the bid received. Collier Golf Authority, Inc. requested the following restrictions be added to the Statutory Deed: 1) A championship level golf course of at least 27 holes must be built at,d maintained for so long as economically feasible, (no completion date was proposed). 2) No commercial development shall occur on the property, other than that affiliated with the operation of a public golf course, i.e., a driving range, a clubhouse with food and beverage ser~'ice, a pro-shop and golf related recreational opportunities. 3) No residential housing or development will be established within the boundary of the property with the excepnon of employee quarters for golf course maintenance and security personnel. 4) A nature trail may be contained within the boundary limits of the property. 5) Recreational activities beneficial to the public are to be permitted with the approval and consent of course management. The Collier Golf Authority, Inc. has also requested that the Board modify the "Terms" of the advertisement so that the bidder shall pay the full purchase price one hundred twenty (120) days after bid acceptance. The "Terms" of the advertisement stipulated twenty percent (20%) deposit (cashier's check) within five (5) business days of Board acceptance, remaining balance at closing, and closing to occur within sixty (60) days of bid acceptance. The Collier Golf Authority, Inc. has also requested that Collier County assume additional hability as related to the reversionary interest (Please see ga of attached bid). The County Anorney's Office has recommended selling the property as is and without any express warranties or representations. EI,,~C,/~.,~.~..C~: 1) If the Board agrees to sell the property to the Collier Golf Authority, Inc., Sl,010,255.03 will be deposited into 470-173a10-36420, and all appropriate closing costs will be borne by the Collier Golf Autho~ty~ Inc. 2) If thc Board rejects all bids and re-advertises the property for sale, then advertising costs in an amount not to exceed $400.00 would be incurred and paid from 470-173410- ~tt~OWTH MANAGEMENT IMPACT: None. RECOMMENDATION: CounD' Commissioners: and 2) Formally reject the bid submined with no further direction at this time. Prepared By: Tim L. Richardson. Real Property Specialist Real Property' Management Department Reviewed By: .-~ '-'~ Leo Ochs..Ir.. Administrator Support Se~'ices Division David C. Weigel. C~unty A~j~ney Coumy Auorney's Office The Real Property Management Department recommends that the Board of I) Consider the bM received by Collier Golf Authority, Inc. as non-responsive. Date: Date: Collier Golf Authority, Inc. 9~,71 Summer Place Naples, Florida 33942 (81.3) 5(f._~414 PRESIDENT Jack C. Breeden SECRETARY/TREASURER Sandra L Glass Tim Richardson Real ProperD' Speci,tlist Collier Count)' Government 3301 T~tmiami Trail. East Naples. FL 33962 December 20. 1996 BOARD OF DIRECTORS .~nold ]me Glass. Cha;rman Wes Williams. v,ce Chairman J Blah Taylor Jack C Breeden Dave Johnson Rotl~e R~ce The Collier Golf AuthoriD wishes to purchase the following proper'D' advertised by notice 88880.~ in the Naples Daily News on November 15 and 22. 1996. described as follows: LEGAL DESCRIPTION: The South I/2 of the Southwest I/4 ofthe Northeast I/4 and the South 1:2 of the South 1;2 of the Northwest 1;4 of Section 25. To~,nship 49 South. Range 26 East: and The Southv, est 1/4 of Section 25. Township 49 South. Range 26 East. Less: Tax Parcel 10.2 - the Norlh~,est 1/4 of the Northwest 1/4 of the South-.est 1/4 Tax Parcel 11 - the Northwest 1/4 of the Northeast 1/4 ofthe South,,est 1/4 Tax Parcel 16.1 - the Southwest 1/4 ofthe Southeast 1/4 of the Southwest 1/4: and The Southeast 1/4 of Section 25. Township 49 South. Range 26 East. LESS: Tax Parcels 15.65 - the North 1/2 of the Northeast 1/4 of the Southeast I/4 Tax Parcels 40.41.42 - the Southeast !/4 of the Northwest 1/4 of the Southeast 1/4 Tax Parcel 10.4 - the E,,st 1/2 of the Southeast I/4 of the Northeast 1/4 of the Southeast ]/4 Tax Parcel 55 - the Northe,,st I/4 of the Southwest 1/4 of the Southv.'est 1/4 of the Southeast 1/4 Tax Parcels 54.52. I0.1.60, 61.45.51.35.1.50.47, 48. 18 - the Southeast I/4 of the Southeast I/4 and the East 1/2 of the Southwest I/4 of the Southeast 1/4. Containing 252.5 Acres. more or less. "Dedicated to creating a future for disadvantage youths A Non Profit 501(c)(3) Corporation Tim Richardson Re·l Propers,.' Specialist Collier County. Government December 20, 1996 page 2 The Collier Golf AuthoriD., Inc. hereby submits tn offer of 54,001.01 per ·crc or $I ,010,255..~3. ' The Collier Golf Authori~., Inc. requests that the following items be considered a~; · portion of the terms and conditions of the offer to be accepted by the Board of County Commissioners: I. The restrictions to be stated in the statuto~, deed should be inclusive of the follo~'ing: A. A ch~rnpionship level golf course of at lout 27 holes must be built and maintained for use as a public course for so long as economically feasible. B. '~o commerciad development shall occur on the property other than th·t affiliated ~'ith the operation ora public golf course, i.e.. a driving range, a clubhou:,e ~ith food and beverage service, · pro-shop and golf related recreational opportunities. C. No residential housing or development will be established within the boundar'x of the property ~'ith the exception of employee quarter.~ for golf course maintenance and securi~ personnel. ' D. A nature trail ma?' be cont~ned within the boundar-,, limits of the property. E. Recreational acti~'ities benefici~/to the public are to be permitted with the appro~aJ and consent of course management. 2. Terms - Bidder shall pa)' the full purchase price 120 days after bid acceptance. 3. '~'arranties, representaZions or gruarantets. Serious legal ques6ons pertinent to the proposed transaction exist. The Bidder seel~ protection from the possible consequences arising from these issues: Tim Richardson Re~l Propers' Specialist Collier Count' Government December 20, 1996 page 3 1. Leg-I remedies available to previous owners if propertT is u~ed for other tMtn initial u~e intended when acquired. 2. Should reversionary interest exist and be exercised by the counD'. In either of these insts, nces, counD' must hold successful bidder/purchsuer harmless from thy and nil damages, including costs of defending such claims be levied. 4. =Reversiona% Interest' - Bidder questions the legal capability' of the Board of CounD' Commissioners to convey a statuto~' deed that is defensible to this property.'. Should bidder be successful, The Board of County. Commissioners, if successful in crating a reversiona~' interest for the county', shall agree in the same document to assume all existing indebtedness existing on the reverslona~' interest so exercised. Further. The Board of County' Commissioners shall reimburse the then current o~'ner of the proper'ty' for the net existing investment plus damages for loss of profits for a period of not Jess than five years. 5. It is to be mutually understand, that, pending your acceptance of this offer and completion of a mutually agreeable real estate sales agreement, everything pertinenl to the transaction is to be considered as being negotiable. Submitted by: Collier Golf Aulhorib Inc. Arnold Lee Glass ChMrman of the Board JUN 1 7 lcj97 Pg. -.~ I rGY~L .~OTICE RTY FOR L'~VITAL..~H FOR S~ED BIDS NO~CE IS ~BY GIVEN ~T ~E BOA~ OF COL~ COMMISSIONE~ OF COLLIER COL~'~, FLO~DA, ~L ACCE~ S~LED ~IDS L~L ~:~ P.~ EST. O~ DECEMBER 20. 1996. FOR ~E OF 252.S A~S (~O~ OR LESS) OF L~I~P, OVED PROPER~ L~ATED ~ SE~ON 2~. TO~'SH~ 49 SOb~. ~NGE 26 EAST. ~ICH MUST BE USED. AT A ~I~L~. AS A FEdErAL (I 8) EIGH~E~ HOLE C~PIONSH~ LEVEL OP~ PL~LIC GOLF COL~E ~E SL~ PROPER~ IS ~O~ P~'LA~Y D~C~ED ~S FOLLOWS LEGAL DESC~P~O~; ~¢Sou~v~of~eSou~es~,,.of~e~omheast ~nd~eSou~%of~ Sou~ % of~e ~o~wes~ % of Secuon 25, Tow~Mp 49 Sou~. ~1e 26 "0 Thc Southwe$! '/. of S¢chon 2,~. Township 49 South. Range 26 Ea. sh LESS 1~¢ Nordlwcst % of thc Ncrthwest % of thc South~¢$1%, thc NorLhwcst '/. of thc Northca.$t ',; of thtr South'*est thc Southwesl % of the Southern. st : of the Southwest ',,. and The Southea$: '4 of S¢c:~on 2.~, Tov,-nsh~p 49 Sou ~. Range 26 E~L LESS ~e ~o~ % of~c ~o~cas~ ~. of~e Sou~casl ~,. ~C Sou~casl :~ Of~¢ ~o~tSr '/, CFthe Sou~east ~¢ Easl ~') cF ~¢ Sou~e~sl ' , OF ~he ~o~hcasi . of ~he Southc~sl 'x.. thtSouthcas: .ofthcSoutht~$[ .and~:E3s: ~oft~eSoubh~csl Contam~g2,~25 acres, mot¢or)c~s Skc:cha~adabi¢ uponr:qu~s: ALL I"}.:'TER. ESTED PARTIES AR,E D','\':TED TO B:D Ob; THE SUBJECT PROPERTY AND TO CONSIDER THE FOLLOW~,'G, SL~FEC-; PROPERT~' TO BE DEVELOPED .AND LSED. AT A ~,il%lhfUM. PEP, PETUALLY AS A.~ tlS) EIGHTEEN HOLE CH~N(PIONSHIP LEVEL OPEN PL'BLiC GOLF COL'RSE ANY OF SUCH PROPERTY NOT DEVELOPED AS THE GOLF COURSE OR ANCILLARY FACILITIES .~LAY BE USED FOR DEVELOPhtENT CONSISTENT WITH COLLIER COL'NTY'S GRO~,TH h4ANAGEMENT PLAN AND L.A~D DE%'ELOP~ENT CODE THE BOAJLD OF COL.~T¥ COM,v4SSIONERS MAY CONSIDER A.','Y Ah-ID ALL DEVELOP~tE.%~T OPTIONS SL~B.~ili-i'ED. PROVIDED THE PROPOSED DEVELOPMENT FNCLL'DES, AT A ~INI,~(L,%(. A PEP~E'DCAL ( I[) EIGHTEEN HOLE CHA.k(PIONSHIP LEVEL OPEN PUBLIC GOLF COL'RSE ALL BIDS SL'B,~flTTED ~IUST PROVIDE A SCHEDULE FOR THE GOLF COL'P, SE CO.'vIPLET)ON t~'HICH .~fUST OCCL'R SI.~IL'LTANEOUS WITH OR BEFO)LE A?F OTHER NON-GOLF COL'RSE DE','ELO?.'.tENT ON SAID PROPERTT COL.'~TY SEEKS A SI~i~,~L%I OF S.~.0O0 PER ACRE FOR THE SLB:ECT PROPERT'Y ,'THE BOAILD OF COL'~T'Y COM."dlSSIONERS RESERVES THE ILIGHT TO REJECT ALL D~DS A CERTAIN 100 FOOT EASE.'.'IE.~JT FOR ROAD. DILAINAGE. AND L'TILImmFy PUP, POSES SHALL BE RESER', ED OVER THE SL'B~CT ?ROPERTY ~N FA;OR OF COLLiERCOL.'~'TY ~DESCFUPTION OF EASEMENT A; qILABLEUPONREQLEST) THE SU'B~C-I' ?ROPERTY IS OFFEFLED ~' .AN '.AS :S CGNDiTIO', Ah'D SPECLFICALLY AN'D E)GoRESSL',' ",~.'ITHOLT` ANY WARRANTIES. REPR.iESENT.qT:ONS OR GL'.-xP,.~;TEES. Ell'HER EXTRZSS OR I.MPLiED. OF ANmy )cf~mmD. NAiq_'I:LE. OR ~mT'¥PE WHATSOEVER THE FOLLOWIb;G DEED RJESTILICTION ;VILL BE ,.~CLL'DED ~ THE STATUTORY DEED A PORTION OF THE SL'BFECT PROPERTY ~I!JST BE DEVELOPED A~'D L'SED AS .AN (i ~ EIGHTEEN HOLE CFL~d~tONSHIP LEVEL OPEN PL'BLIC GOLF COURSE THE DEED R.ESTPdC'TION WILL ~'CLL'DE A ILEVERTER CLAL'SE ;% FA'vOR OF THE GI~ANTOR, ~.'HICH Sff, ALL PERTAiN TO THE (I ~) EIGHTEEN HOLE CHA.%IPIONSHiP LEVEL PUBLIC GOLF COURSE. ACCESS TO THE GOLF COURSE BY THE PUBLIC. AND ANY GOLF RELATED FACILITIES. D','CLL"DI'~'G BLT, .',cOT LLViITED TO PAR. Y,J~G. PRO SHOP. AND DPdv~,,'G T'ER.\IS T'WEN']-Y FERCE,%'T (20'/.i DEPOSIT [CASHIER'S CHECK: WITHIN FIVE (Si BUSI'NESS DAYS OF BOARD ACCEPTANCE. R.~MAFNI'T,;G BALANCE AT CLOSD';G CLOS..~G 9.'ITHD.,' SIXTY (60) DAYS OF ACCEPTANCE ADDII10NAL I~TOFLktATIO~< AND A COPY OF ,-HE P~AL ESTATE SAL~S .AG~EhtENT TO BE UTILIZED. AVAIL~LE L~0N ~Q/EST ENVELOPES hIL'ST BE $~D',~ITH THE'.vC~S SEALED PLEASE FOR'~'A~ SEALED BiDS TO TIM ~C~SO~. ~AL PROPERS' SPEC~MST ~AL PROPERS' .~AGE.~(ENT DEPAR~IENT ]301 TAM~I ~IL EAST. ~t. FLOOR ~APLES. FLO~DR 34 EXECUTIVE $I,5M,~,, RY RECOMMENDATION TO AWARD RFP #97-2661 FOR ELEVATOR MAINT'ENANCE AND REPAIRS. QB./'E~TIVE: To award RFP #97-2661 for Elevator Mainten~ce and Repairs to Montgomery Kone, Inc. CONSIDERATIONS: Collier County utilizes outside firms for elevator maint(mance and repairs at the North Regional Water Treatment Plant and North Regional Wastewater Plant and Main Government Complex The Facilities Management Department, in concert with the Purchasing Department constructed an RFP for these services and placed the legal ad~zertisement on April 3, 1997 In accordance with Section 'viii B-3 of the County Purchasing Policy, a selection committee was formed to evaluate the proposals received Four firms responded with proposals to RFP 97- #2661 The firms were judged on quality and comprehensiveness of their preventative maintenance plan, experience of firms and technicians, and their response time and pricing. The Selection Committee reviewed the proposals and three firms were short listed First Second Third Montgomery Kone, Inc General Elevator, Inc. Miami Elevator Company Staff recommends award to the number one ranked firm, Montgomery Kone, Inc. The contract period is two years with two additional one year renewals Montgomery, Kone, Inc has an exception to the indemnification and additional insured language. Their submitted amended insurance was reviewed and accepted by Risk Management and the County Attorney':; Office FISCAL LMPACT: The estimated annual cost for this service is 5;37,850 and was anticipated and budgeted within the Facilities Management, operating budget, Cost Center 001-122240 and North Regional Water Treatment Plant, operating budget, Cost Center 408-253221 and 408- 233312 for the North Regional Wastewater Treatment Plant. (~ROWT[t MANAGEMENT LMPACT: None. RECOMMENDATIQNS: That the Board of County Commissioners approve an award for RFP #97-2661 to Montgomery Kone, Inc for Elevator Maintenance and Repairs as addressed within this summary and authorize the Chairman to execute a contract after revieiv by the County Attorney's Office. EXECUTIVE SUMMARY PAGE H PREPARED BY: Jim HeN, Adrm ager Department of Facilities Management REVIEWED BY: Ski~-'~amp, CFM, Director Department of Facilities Management Stephen ¥. Carnelt, Director Purchasing Department REVIEWED BY: :" f " ." Leo E. Ochs, Jr., Administralor Division of Support Semi~es DATE: DATE: DATE: DATE: EVALUATION RE-CAP - FINAL RANKING STANDINGS ~ #97-2661 "Collier County Elevator Maintenance & Repairs" NAME OF FIRM I IDiversified Elev. I IGeneral Elev, JMontqomery Kone I IMiami Elevator NUMBER OF I NUMBER OF I NUMBER OF I SUM OF 1ST PLACE 12ND PLACE I 3RD PLACE I RANKING I RANKINGS ]RANKINGS I RANKINGS I SCORING I I I-- FIRM/RANKINGS THIR~ FOUTtTH Committee Chairman's Signature Dated: NOTE: Ranking Scoring is determined by multiplying each 1st Place Ranking by 3 points, each 2nd Place P, anking by 2 points, and each 3rd Place Ranking by 1 point. The Final Ranking order is determined by the highest to lowest Ranking Scoring totals. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #97-2671 FOR A STOCKLESS WAREHOUSE OF OFFICE SUPPLIES FOR COLLIER COUNTY OBJECTIVE: To award a term contract for furnishing and delivering office supplies to Collier County Board of County Commissioners. CONSIDERATIONS: On April 25, 1997, formal bid invitations were publicized and distributed to 29 firms. On May 23, 1997, bids were received and opened from two (2) firms. Bidders were requested to offer prices for furnishing and delivering office supplies to 113 different delivery locations in Collier County. Bidders were requested to offer fixed prices for 23 office supply items (Categories I and II) which are classified as high-use items. Bidders were allowed to offer equivalent products for each item. If an equivalent product was offered, samples were to be provided and approved by the Purchasing Department. Each bidder was also requested to offer a cost plus percentage for all general catalog items (Category III). The analysis of the bid offers is as follows: Catego _r'y I - High-Use Items II - High-Use Items - Paper III - General Catalog Items Marco Office Supply Corporate Express $ 25,220.07 $ 28,239.96 $ 25,956.00 $ 29,140.00 :~100,000.00 -- $151,176.07 $ 57,379.96 *Exception-Category III Bidders were requested to offer a cost plus percentage for all general catalog item (Category III) off of the S.P. Richards catalog. Corporate Express took exception to Category III and indicated that the balance of pricing for general catalog items would be determined from the Corporate Express in-stock catalog. They stated that a complete matrix of the catalog would be net priced specifically for Collier County upon notification of award of bid. Based on the exception, as stated, Corporate Express is considered non-responsive for Category II1. Corporate Express also failed to submit samples of equivalent products for Category I and Category I1. JUN 1 7 1997 The analysis of Category I and II was done by multiplying unit prices offered by each vendor times estimated annual usage. The analysis of Category III was done by multiplying the percentage offered by each vendor to the estimated annual dollar value for general catalog items. The specifications stipulate entering into a two-year agreement with an option to renew for two additional one (1) year periods, commencing upon issuance of the first purchase order. Staff recommends award of this bid to the lowest, fully responsive bidder, Marco Office Supply. The recommended bidder meets all legal and purchasing requirements. FISCAL IMPACT: It is estimated that approximately $152,000.00 will be spent over the next 12 months under this contract. Funds are appropriated in the operating budgets of the respective using agencies. GROVVTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners award Bid #97-2671 for a stockless warehouse of office supplies to Marco Office Supply as described within this Executive Summary. Gwen Butler, Senior Buyer REVIEWED aY: h , DATE: Steve C-' '~-arnel~ Purchasing/General Svcs Director ~ .~ ~ ~_~ ' I~.'.. REVIEWED BY: "' ~ ~ '- D&TE: Leo E. Ochs, S~ppoa~e~ces Administrator JUN 17 '19~? J TABULATION FOR BID #9%2671 "S~ockless Wa:ehouse of O~ce Supplies" ])NS SENT TO: 29 Vendors POSTrNG DATE: April 25, 1997 OPENING DATE: Ma? 23. 1997 CATAGORY 1. HIGH-USE ITEMS I Book Tape 2" x 15 yds,2" 3M-845-2 No substitute .355 tls. Unit Price 2. Binder Clips, medium, 5/8" Sparco 8700.5 or approved e~uivalent Mm. Name 245 bxs Unit Price .3. Binder clips, small. 3 '8" cap. Sparco -"g7002 or approved equivalent Mfg. Name 33.5 bxs Unit Price 4. Folders. Fi!e, hanging, leeal green. ]/.5 CUt SME-C2,SH or approved }equivalent Mm. Name 125 bxs Unit Price 5. Folders. File, hanging, lener green. 1/,5 cut SME-C 1.5 FI or approved equivalent Nlm. Name 100 bxs Unit Price 6. Folder. File. Manila. double- top, lerner, 1'3 cut SME-2-1,53L or approved equivalent Mfg. Name 100 bxs Unit Price 7. Folders, File, Manila, double- top, legai, I/3 cut SME-2-153C or approved equivalent Mfg. Name 100 bxs Unit Price s'z° s S S S S S S S S S S $ $ S S JUN I 7 Eg7 TABULATION FOR BID #9%2671 POSTING DATE: April "Stockless Warehouse of Oflqce Supplies" INVITATIONS SENT TO: 29 Vendors OPENING DATE: Ma.',' 23. 1997 VENDOR NAME Highlighter, Sanford Major Accent, Broad Tip, yellow, pimk, blue, lavender, FI. Yellow. Fl. Green FAB-643 or approvea equivalent M~ Name 3756 ea Unit Price S~3~ S t' ~ Z S 9. Liquid Paper. white PAP-S04-01, No substitute 400 btls Unit Price S , V~' $ , '7~ 10. Pad, Post It Note, i 91 × 2 Canary, plain Highland 6L~9-Yw or approved equivalem M~ Name 250 dz. Unit Price $ /,~a~ S J .~,~- I. Pad. Post It Note. 3 x 3 canarN., plain Highland 6549-Y~' or approved equivalent b.l~. Name 300 dz. Unit Price S o°. I ~' S 7. c..~ 12. Pad. Post it Note. 3 x 5 canarT, plain Highland 6549-Yw or approved equivalent Mfg. Name 100 dz. Unit Price $ 13. Pad. Post It Note. 4 x 6 ruled, tartar)' Highland 6609-Yw or approved equivalent Mfg. Name 300 ea. Unit Price $ ,7~ $ ,0~' 14. Staples. standard, Swingline SWI-35 I08 or approved equivalent Mfg. Name 400 unit Price S , .s"/60 s , :5. Toner cartridges, printer HEW-92295A No substitute 120 ea. Unit Price S ,"7~ S S S S $ $ $ $ ATION FOR. BID #97-2671 "Stockless Warehouse of Office Supplies" INVITATIONS SENT TO: 29 Vendors POSTING DATE: April 25, 1997 OPENING DATE: Ma.,.' 23, 1997 VEN'DOR. NAME 16 Toner cara-idges, printer HEW-92295A No substitute 85 ea. Unit Price 17 Toner cartridges, printer HE'¢,'-.~ 1626A No substilute 8;' ea.. Unit Price (Items I through 173 SUB-TOTALS s Io'7.cc s ~' s s s c~6 ~ s 073?"' s s s s s ! CATAGORY 11. HIGH-USE ITEMS - PAPER 18. Paper. cop.,,', letter size. recycled. Hammermill Savings DP or approved equivalent Mfg. Name 200 cms. Unit Price 19. Paper. copy, ler~er size. Sub 20. virgin. Xerographic DP of appro~ ed equivalent Mfg. Name 620 cms. Unit Price 20. Paper. cop.,.', legal size Sub 20. Xerographic DP or approved equivalent MR. Name 60 cms. Unit Price 21. Paper, computer, 14 7/8 X 11. I ply, greenbar BBF 641GB or approved equivalent No. of sheets per carton Mfg. Name 120 cms. Unit Price 22. Paper. computer, 9 '/: X 11, 2 pi>', BBF 6910TC or approved equivalent No. of sheets per carton Mfg. Name 50 cms. Unit Price s IEcY: s s ,,2~? s Wy, co S S S $ $ J lJN ! 7 1~37 TABULATION FOR BID #97-2671 "Stockless Warehouse of Office Supplies" INVITATIONS SENT TO: 29 Vendors POSTING DATE: April 25. 1997 OPENING DATE: May 23. 1997 VENDOR NAME Paper, computer. 9 '/: X l I, 1 ply, BBF 6910CE or approved equivalent No. ofshee~s per canon MR. Name 80 cms. Unit Price Items 18 through 23) SUB-TOTALS S $ $ S Y 111. GENERAL CATALOG ITEMS 24. Cost ofother Goods plus percentage offS. P. Pdchards End Column pricing (S 100.000.00 SUB.TOTAL Prompt Payment Terms: Addenda Acknowledged: % days Net ~ da5 s __YES __NO % days . % __days Net .:.~O da)s Net_ days ~YES ~____N'O ~f'es __NO .. % days ~et days __YES WITNESS: Claire Oss. Purchasing Technician 'No Bids" received from: Cad One, Inc.; Pride of Florida, ~ ~,j. l~,,;/a~, JUN 1 7 1SEF A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent Solid Waste Collection and Disposal Services Special Assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No 94-694 was recorded on September 22~ 1994 ir~ Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida. which placed a lien on certain residential properties for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30. as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 16 accounts that have paid in full for the 1993 Sohd Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resalut~on is approximately $106.50 which is to be charged to Account No. 510-102030-649030 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 16 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to s~gn the 16 Satisfaction of Liens for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens Pam Callis. Account~r'echnician Revenue Services Department Reviewed by: ///' ~/";"~'~ Te'resa A Riesen, Revenue Manager Rev_enue Services D~partr~ent ~ I/ ~ ~, .. Reviewed by: John A. Yonkosky, I~'ector ReVenue Ser'wces ~epartment Approved by: .... Leo ~Chs, Jr.. Administrator Support Services DiVision Date: Date: Date: Date; JUN I 7 1997 RESOLUTION NO 97, A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS ~ WHEREAS I)L~lSthlllt IFJ Colhe~ Cou~d¥ Ol('llll.'lllcf, NO 90.],0 Os atllel~ded, tile Board of Country Comnt,ss~o~ers on Seotember 20. 199~ adoDte~ Resolution Nc u, 94-69~ autl~or~zu~g the recorOj~;g Of notices of he~s for tl~e dehnaL~e~t Soha waste ~ collect~o~ and disDosal serwces sl)ec~3t 3ssessme~ts for 1993 ~: WHEREAS. CoIher County Ordinance NO. 90.30 as ame,~dea requires the Boar[~ ~, to approve by ReSOlut~OJ' a~d record u~ tl~e Off~cJa', Records a Sat~sfact,on of L~en ii alt accounts tl~at 1~8ve bee~: ga,d ~n fLIl', ~ NOW THEREFORE ~E ~T RESOLVED E~ THE EOA~D Of COtJNTY COMMiSSIONErS OF .,. COLLIER COUNTY FLORID~ tt~a[ [aLu's,~a:~ tc C2:['e:' Co~,'~[y O,'aH~a~'ce No 90.30 ,- a~e:~clCd tl~e Bo3~cl ,ecog~zes fLdl l)av~e~t ,q~:l ,ece~[)t of tl~e 1993 Service. "e.:~ ~ ~,~'s ReSO~bt Or' ~"~ :~',ese S,lt,sf(~ct;o~s of L;eJl u~dlvidd~Hy ,:~ the A.'CO'.Jr'~t NO 3256 ACCOL~nt f~O ~1345 ~CCOu~ZNO 15g3C' ACCOu~[ NO 18089 ACCOuter NO 18762 ACCOu~T NO 20190 ACZOu~t bJO 21005 ACCOUnt NO 26118 ACCOUnt NO 26~81 ACCOUnt NO 27534 ACCOUnt NO 27~47 ACCOunt NO 293~2 ACCOUter NO 29654 Accouter NO 3065 J JUN 1 7 1997 TI1~$ Re~OIu[~OI1 adoP[eO [11~ second and majority voce ATTEST. DWIGHT E. BROCK. CLERK Al)proved as to form and legal Sufficiency - COU~[V AttOrneV Oay of , 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By¸ JUN 1 7 1997 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE CHAIRMAN TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Recommendation that the Board of County Commissioners authorize the Chairman to execute Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County. Florida. CONSIDERATIONS: The Board of County Commissioners authorized the :filing of Liens, for the purpose of receiving compensation for nuisance abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in the Official Record Book of the Public Records of Collier County. Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and orders the Clerk of Courts to record same in the Public Records of Collier County, Florida. FISCAL IMPACT: None GROWTH .~LANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County. Florida. Prepared b.x ~((77~~~,~ Pam Callis. Accounting Technician Reve/~e Services Department Reviewed b>,:/,/ f.~.-/.;5''. 5./'. ~ _ Teresa A. Riesen. Revemm Manager ~Reven_~ue Services Dep4rtmem' Oohn'A. Yonkoskv.. DXlTrector ~ Revenue Services'~ep~rtment .... -' Reviewed by: _.~-z ~ .',,~ :-,_ Date: Leo Ochs. Jr.. Adminifl~rator Support Services Division Date: 9. . ? JUN I 7 1997 EXHIBIT "A" 1. TI.-[ELMA E. SKIPPER, FOLIO ff73180600001, LOTS 28 AND 29, SEMINOLE SUBDIVISION 2. GILBERT BARTLETT, FOLIO ~359814000008, LOT 40. BLOCK 81, UNIT 3, GOLDEN GATE 3. YU'LIO M. GARCIA & ANGELA GAP, CIA, FOLIO #62251720009, LOT 12, BLOCK 3, NAPLES NLANOR LAKES. 4. YULIO M. GARCIA & ANGELA GARCIA, FOLIO #62251720009, LOT 12. BLOCK 3. NAPLES MANOR LAKES. 5. MARLENE EQUIZABAL. FOLIO ~59082280006. LOT 19, BLOCK 4. MARCO HIGHLANDS SUBDI\:ISION. EXEt~I, JTIVE $1.JMM~Ry RECOMMENDATION TO APPROVE A BUDGET AMENDMENT TO APPROPRIATE TIlE MALNTENANCE SERVICES REVENUES THAT ARE IN EXCESS OF THEIR BUDGET. QBJECTIVE: To have the Board of County Commissioners approve the attached budget amendment appropriating those revenues received which are in excess of the current budget, for the purchase of materials and equipment CONSIDERATIONS: As an internal se~'ice department, revenues are received from various "consumer" department:; as payment for materials used and services performed. When actual requests for services exceed those anticipated at the time of budget preparation, additional budget authorization is needed to be able to provide for additional work requests being received from other departments This procedure happens approximately three times per year. These funds are already budgeted in the user departments and are merely being transferred to the Building Maintenance Section Cost Center FISCAL IMPACT: The revenues in excess of the current budget will be appropriated for the purposes of continuing operations. GROWTH MANAGMENT EMPACT: None RE(~OMMENDATIONS: That the Board of County Commissioners approve the necessary budget amendments w, itNn this summary. Skip Camp, CFM, Director Department of Facilities Management Leo E. Ochs, Jr., A&~mstrator DMsion of Support Se~'ices DATE: DATE: ~,/c~ ,/c'! '~ UN 1 7 1997 BUDGET AMENDMENT REQUEST FUND TITLE General Fund FUND NO. 001 Date prepared: 6/6/97 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL Maintenance ServiCeScost Center Title J11C2°2s2t4ffenter N°' ] IPr°ject Title ] tPr°ject No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 634999 Other Contr. 36,000. 84,125. 120,125. Services TOTAL 36,000. Cost Center Title Cost Center No. Project Title I Proiect N.o. Expenditure Expenditure Increase Current Revised Object Code Title (/)ecrease) Budl~et Budl~et TOTAL 1997 l[Maintenance Services Cost Center Title REVENUE BUDGET DETAIL [122240 ] Cost Center No. Project Title Project No. Revenue ._Object Code 487400 Revenue Title Reinbursement Bldg. Maintenance Increase (Decrease) 36,000 TOTAL 36,000 Current Budget 61,35o Revised Budget 97,350 EXPLANATION Why are funds needed? See Executive Summary Where are funds available? Funds are available in Maintenance Services Reimbursement. RE~IEW PROCESS Cost Center Director: ~ Division Administrator:"~=_~_,~g._~' ]/7 I ~ Finance Department: Clerk of Board Admin.: B.A. No.: EXECLrI'IVE SLrMMARY RECOM3IENDATION TO APPROVE TIlE ATTACHED BUI)GET AMENDMENT RECOGNIZING CHANGES TO EXPENSES AND REVENqJES EN FLEET MANAGEMENT FUND (521). OBJECTIVE: Obtain Board of Courty Commissioners approval of the attached budget amendment recognizing changes in Fleet Management Fund (521) expenses and revenues for Fleet Management Administration (Cosl Center 122410) and Fuel Distribution (Cost Center ]22450). CONSID_[.RATION: As an internal set-vice fund. the Fleet Management budgel is balanced by "passing through" all expenses to u~.ing departments and agencies. The auached budget amendment recognizes surplus funding of S15,000.00 in 521-122410-646415 (Fleet R&M - Outside Vendors) and S85.0(~.00 in 521-122410-646425 (Fleet R&M - Inventory), and the associated revenues of %8.100.00 in 521-122410-496150 (Parts Revenue-Outside Vendors) and S31.900.00 in 521-122~,I0-496550 (Motor Pool Mileage Rental Charges); and it recognizes a funding shortage of S150.000.00 in 521-122450-652.110 (Fuel & Lubricants - Outside Vendors) and the associated revenues of S95,100.00 in 521-122410-496300 (Gasoline Sales) and S5.1,900.00 in 521-122410-496550 (Motor Pool - Mileage Renlal Cl'~arge). The excess funding in Outside Vendors and Inventory is attributed to a reduction in maintenance costs this 3'ear due Io changes Jn management practices, and ne.aer ,.'chicles and equipment requiring less maintenance anti repair. Fuel ,.,,'as under-budgeted due to unforeseen increases in fuel prices, averaging SO. 10 [)er gallon asove FY 96. and due to undereslimating fuel usage in FY 97 by more than SI00.000.00. FISCALI.XlPACT: Departments and agencies using Fleet Management services will realizea SI00.000.00 sa,.'i:~gs in funds planned for vehicle and equipment maintenance and repair. At the same time, the5' ',,,,'ill see an increase in fuel expenses of $150.000.00 from what 'a-as originally budgeted. The riel result is a $50,000.00 increase in expenses which may require additional funding for some departments. GRQWTII MANAGEMENT IMPACT:. None. EXECUTIVE SLrMMARY, BUDGET ~MENDMENT RECOGNIZING CHANGES TO EXPENSES AND REVENUES IN FLEET MANAGEMENT FUND ($21) B_ECOMMENDATION: Approve the attached budget amendment recognizing changes to Fleet Management Fund (521) as stated. Prepared By: ,,: ,;.. , . . cz Dale: Dan Croft. Fie'et Manager Revie~ved By: Skip Carnp, Facilities Mana~.ement Director Reviewed By: hlichael Smvkov, ski. Budget Director Date: Reviewed By: Leo Oc'~s. Sup~'0rt Ser,'ices Adrninis:rator / BUDGET A~,~NDMENT RI~OUF. ST For Budget/Finance Use Only BA# BAR/t A.P.H. Date To BCC Yes No Flgt M~nae~m~nt FUND TITLE (FUND NO.) Date prepared: 06104/97 If previously approved, BCC A~2enda Date: / / Altach Executive Summary Item No. EXPENSE BUDGET DETA..~ Fuel Distrihminn 122450 Cost Center Title Cost Center No. Expenditure Ohiect Cnd~ ExDenditur~ Title 65]24 lO Fuel & Luhricant~ - Qulside Vendors Project Title Projecl No. Increase Curremt Revised (Decrea,~ Budeet .l~3Ltle el IS0.OOO On 565,300.00 715,300.00 t F!,~et M'ana~¢ment Admin. Cost Center Tille Expc'nditure Ohiect ¢,¢~ TOTAL 1224~0 Cost Center Expenditur~ Till~ Fle~ R& M-Omqd~ Vcndn~ Fleel R&M-ln:'enrnry 150,000.00 565,300.130 715,3OO.OO Project Title Pro. ject No. I ncre. a.,~e Current Revised (De~rea~e) Budeel .~_U.~ et (15,000.00) 183,3~.~ 168.3~.~ (85,~.~) 519,~.~ 434.~.~ TOTAL (I OO,O00.OO) 702,300.00 602.3OO.00 / Fleet Managemenl Admin. Cost Center Title Revenue Object Cod~ 496,300 496550 496t~q9 BUDGET DI~T6._~ 122410 Cost Center No. Project Title lncrea.ge Current LOecrea~e) Bude~'! 95,1OO.~X) 425.200.130 23,OO0.00 675.500.00 (68, IOO.O0) 547.1OO.00 TOTAl. 50,000.00 1,647,800.00 Prnject No. RevL~ed Bud~d 52O,3OO.OO 698,5O0.OO 479,000.00 WHY ARE FUNDS NEEDED? ~und~ ar; nccdcd ,Io Pur<;ha.,.e fucl fnr County vchi¢!¢.~ and ~u nrncn~. F~cl was un,~c'r-bud~,cl~! in FY ~7 ~u~ In an. unt'nrc~n avcracc r)r~c increase in fu~] nf apprn.~imal¢lv $0. }0 r~.r 13allnn. In addifinn, fucl ~.,.a~c fnr lhi.~ ~cal ¥~r ~,'~ un~Jcrg.qi~at~ hv mnr¢ Ih~n $100.(JX)0.00. ']-h~ cnmhin~linn of ~hc.~ ~wn f~¢~nm r¢.~.~,dl~ in a $150,(X)O.00 .~hnnl~all nit fl. md~ ht~duclcd fnr ~¢1 in FY 97. WHERE ARE FUNDS AVAILABLE? arc nvailahl¢ in ~h¢ amnunl of ~ 100,OO9.00 m Cost Ccmcr ]22410, Ohicc~ Cr~¢s 646415 (Fl¢c! R&IH - Qt~{de Vcndnr~) nnd 6464;~5 ['F1¢¢1 R&Nt - lnycnmry1. Rcvcnu¢.~ will hc $!,50.0OO.00, which includes the ftmd< transferred £rnm Fleet R~:~I Or,mdc Vgndor.~ ~nd lnv¢pmry. REvFEw PROCESS COST CENTER ,k(ANAGER ... ,t DEPART~IENT DIRECTOR:~ BUDGET DEPART;kiENT: COUNTY ,~IANAGER: FINANCE DEPARTNIENT: CLERK OF BOARD AD~IIN: INPUT BY: B.A. NO.: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JUNE 17, 1997 FOR BQARD A~TI©N: 1. M'ISCELLANt~0US ITEMS TO FILE FOR RECORD WI'IH ACTION AS 2. Dism.'ctf: Fiddler's Creek CommunitS' Development District - Proposed Operating Budget - Fiscal Year 1995. Lel)' CommtmiD- Development District - Proposed Operating Budget - Fiscal Year 1998. Pelican Marsh Commmw Development District - Proposed Operating Budget - Fiscal Year 1998. Port of the Islands Community. Improvement District - Proposed Budget - Fiscal Year 1997-98. 6. Minutes: A. Airport Authority. Agenda - May 19. 1997. Referred to BCC. B. Black Affairs Advisory. Board - ,April 14, 1997. Re£erred to BCC. Council of Economic Advisors - February 19 and April 23, 1997. Referred to BCC. Collier Count::' Public Health Unit Advisory Board - April 28, 1997. Referred to BCC. Collier County HistoricaL/Archaeological Preservation Board - May 9, 1997. Referred to BCC. Parks and Recreation Advisory Board - April 23, 1997 minutes and agenda for May 28, 1997. Referred to BCC. Go Pelican Bay MSTBU Advisory Committee - agenda for May 20, 1997. Referred to BCC. Technical Advisory Commit:ew'Citizens Advisory Coromirtee (TAC/CAC) - April 23, 1997 and agenda for May 21, 1997. Referred to !k-c: A(;£1,115~, I.TEt4 JUN '~ 7 1997 Golden Gate B~autification Advisory Committee agenda - May 13, 1997. Referred to BCC. Envixonmental Policy Techaical Advisory Board agenda - May 12, 1997. Referr~ to BCC. Lely Golf Estates Beautification Advisory Committee - April 11, 1997 and agenda for May 9, 1997. Referred to BCC. Collier County He~3th Depm~ment Advisory Board meetLng notice for June 2, 1997. Referred to BCC. Library Advisory, Board - Mazch 26, 1997. l;',eferred to BCC. AGENDA I'I' E M JUll 17 1997 P-ECO~MEND THAT THE BOARD OF COUNTY COMMI,~SI(MFERS SERVE AS ~HE LOCAL C~I~TIN~ ~IT OP ~~ ~ E~ ~ L~ ~PLI~TION FO~ ~S FOR ~ U.S. DEP~~ OF ~STICE L~ ~W ~OR~ BL~K G~S PR~. 9~u~~ To seek the Collier County Commission agreement to act as the coordinating unit of government, to execute the required Local Application Form documents as prepared by the Sheriff's Office, and to approve the grant purpose area in the United States Department of Justice Local Law Enforcement Block Grants Program. The Collier County Commission has participated in and sez-ved as the local coordinating unit of government in anti-crime grant programs with the Collier County Sheriff's Office for nine years. This second year program provided by the Omnibus Fiscal Year 1996 Appropriations Act, Public Law 104-134 is for the implementation of the Local Law Enforcement Block Grants Program, to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the Local Law Enforcement Block Grants Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. The U.S. Department of Justice has appropriated $279,267 to Collier County to be used for purposes of the Local Law Enforcement Block Grants Program. The Sheriff's Office application requests $279,267 to procure currently unfunded data networking system equipment. Law enforcement equipment directly related to basic law enforcement functions is an authorized program purpose. To realize funding appropriated to Collier County by the United States Bureau of Justice Assistance f~r the Local Law Enforcement Block Grants Program, the required Local Application Form documents need to be executed indicating ~he Collier County Commission as the unit of local government and the Purpose Area to be funded. ~"' .L(~ ~ JUN I ? ~997 FISCAL 17~ACT: Ten (10%) percent ($31,020) local matching funds from Fund 602 (1997/98 Confiscated Trust Fund reserves 602-919010- 991000}. (~ROWTH MANAGENENT= No recurring costs for ~ubsequent years. ~ECC~MENDATION: That the Collier Count}, Con~ission authorize the Chairperson to accept the responsibility as local coordinator and execute documents necessary for the submission of the Collier County Sheriff's Office Local Law Enforcement Block Grants Program documents. PREPARED BY: APPROVED BY: ""x ' DATE: June 6. ~'ryst~l K. Kinzei, FinanceD/rector A:XS.11x2 LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRA,%I LOCAL APPLICATION FORa'vi 16.592 D249 D Count' of Collier 3 A TINOTHY HANCOCK 941-774-8393 941-774-3602 3301 TAMIAR/ T~AIL 03LLI~R NAPLES A JAt'l~ 34112 5960O0561 09 6/18/97 941-793-9199 X $279,267 $31,020 $279,267 Your signature represents )'our legal binding acceptance of the terms of this application and ~,our statemen, representations made in this application. The document has been dui,.' authorized by the go~'erning bod~ o applicant wil[ comp/.,,. ~ith the three attached forms: 1) .assurances: 2) Certifications RegartHng Lobbying: L ter ResponlibiliO. .tlatterl: and Drug-Free Il'orA'place Requirements: and 3)Certification Regarding Public CONTACT ADDRESS (IF DIFFERENT FRO.%I ABOVE): I pp ' and the rbarmcnt. Suspen~ion and "'-' 5 a~ :: ;'.::' ...' ~t ~t7 LOCAL LAW ENFORC£M£NT BLOCK GRANTS PROGRA~I FOLLOW-UP INFOR~IATION FOR.~I D2-~9 Count? of Collier. FL 6/17/97 X X X X X B B B A C X X X C A B Y A A A A ;% 6/17/97 6/17/97 L:.$ CE=A~-.:vlEN7 O; JUS?;CE OF:;;CE (DF .JUSTICE P/~OG~,KtvIS O~=F;CE OF T~E COM/=T;ROL. LE.R CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FRE-'E WORKPLACE REQUIREMENTS Applicsr.ts should refer to the regula:Jona cited below to dote:mine the cer*`ifica:icn :o which the:/ ere recruited to attest. Applicants Should also review the instruct,ion, for certification included in *,ha re~ula*,i=ns before corer, latin; this form. SiGnature of t/'HI form provides fo: compliance with fe,":ificabon recluirements ur,de: 29 CJC:~ Par':, Eg. 'New Rast:ic*,icne on LoobyinG' and 28 C;;R Part 67. 'GOvsrnma~t-wicla Oabarrnln! and Suscane~o;~ (Non~rocurement) and Government-wide Rec:lu[rements for Drug-lrrea Workptace (Grants)* The certif;ca:Jons shall be treated es a matiria! 1. LOBBYING tertwat, a~e~cm.~:. :' mcc~ca:~on c~a~y FeCera~ ;:a~t or ::::era:rye cr e~:~oyee Mem:e~ cf CctV'ess. a~ officer ~r emro:yet o~ Cc~ress. cr rede'al ~ra~t ct cC:~erz:~ve arrested:, the u~Cers~gned shah c:~:le:e a~ su=~: S:andar~ Form- LLL.'D,sc~csurl cf The ~:ers:gne~ s~a:; ~e:u~re the: :~e ~a~ua;e of :~s car- 2. DEELARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) mont. :ec:are:,r.e!!;~:le ser. Te~cec:c a :er. la! cf or cc~m~ss :~ nc: w~:~:n the a~:~'ca-: s:a:ements ~n :~,s ce~:~ca:~cm, he :r s~e s'a I a::a:~ an 3. DRUG-FREE WORK?LACE (GRANTEES OTHER THAN INDIVIDUALS] As re=uire~ b'! the C, ru;-;ree ~,',':rk=iace Act c~ L.--.=~eme~;e3 a: 29 Cfr =ar: 57. S~::a.": F, ;c' grab:ess, as Ce'~r~e,~ a: 2a CFR Fa~ ~.? Sec:::~,s 57.~:5 a~: u~;awru~ ~anufa~ure. C,s....u .:~. Cis=e~s.~g, ~cssess. cq, cr em:rcyees fcrvic;a:.c~cts~ch in fcr~ em;;oyees ~3) Amy ava~a:~e ::~; c:u~se ~. re~a::;,:a: ce. ass, s:ar:e ;rcgra.~s. a.: · (:}T~e =ena~:rest~a: may ~e,m=cse: ~::~ em=Cc/ess Crug a:use vic:a:::~s cccur~arg m t~e ~U~ 1 ? (I) Abide by the lares c~e s~atement; and ,2] Notil'y the employer ~n writing of his or her conviction for ,.,clarion of e criminal d~g ~a~ute ocs'un'Jag in the workplace r~o later thin i'ive calar, dsr days af'~er such Conrac:ton; ,e) No;,~,ng the agency, in writing, within 10 calendar days after raceiwng nolica under su~parag,,'aph (d}(2) from an ~mployee or otherwise receiving actual notice of such convic. Sion. Emplayers of convicted employees must provide nOliCe, intruding posibon title, to: Department o! Justice, O~ce of Jualica Programs, AT'TN: Conlrol Desk, 633 Ina'iaaa Avenue. NW., Wasmnglon, D.C. 205-11. Nolice shall include the idea. li,Scalion number(s) of each affected grant; ~q Taking one of lbo ~llowing actions, within 30 calendar respect to any Implcyie who is so convicted~ (I) Takmg a==ropna:e personnel action against Such an ~rug a~use assistance or rehabilitation pro,ram a=~rove~ for such ~urposes by a Federal, State, or local hea:t~, law er, fcr:e. ~ent, or ot~er appropriate [;~ Makin~ a ~oc~ ~ait~ effc~ to continue to mainta~ a ~ru~. (c), (~), (e}, and B The grantee miy~msert ~n the s~ace provided below S;tl(S) ~or the ~erfcrma~ce o? work Co~e in co~nec:Jo~ w~th P~ace or Performance (Street adCress, c~t, county, state, here. Section $7. 630 ortho raguleti,~ns provides that a ;~ntee that is I State may ilec to make one ce~fication in fiscal yea~. A co~ o~ which ~ould be incluae~ agencies may elec~ lo use OJP Fo~ Chec~ ~ i~thl State his ele~ld to complete OJP Form 4051~. DRUG.FREE WORKPLACE {GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free V',~rkplaca Act of' 1988, ;mplemented at 28 CFR Part 67. Subpart F, for Grantees. as da,'~ned at 2~ CfR Part 57; Sections 67.615 a~d 67.620-- A. As a concision cf the grant, I certify that I wfJl not engage ~n the unlawful manufacture, distribution, clasp,easing, posses- ac',~vi~y w:th Ihe grant; an~l B. If convic~eO of a criminal Crug offense resuIIJng from I violation occurr;ng dunng the conduct of any grant a,clw~ty. I will report thl ccnwction, in writing, w~hm t0 r. alencler days of the conviction, to: Department of Justice. Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, NW.. VVashing:on, D.C. 20531. As the ¢'-'!y a..;h:rizec representative ortho applicant, I hereb)~ ce~i,'y that the a;'.pTic,l:':t wdl comply w~*.h the above cerlifications. 1. Granlee Name anCA~dress; C.o[Z~er County, F2o~2da - C~a~, Board o~ Ccx~nty C~za~s~cx~ers 330! Ta~Lia~d ~a~[ F~-~t - Bu~Zd~rx~ F Government Cc~plex Naples, Florid~ 34112 59-60O0561 ~ A=;!:¢a,":." N'-"~:er and/o: Proiec: Name 3 Grantee IR S,%'enCor .';amber Local Law f~forcement Block Grants Program 4 Tf~.e~ Name a'~d Ti:'e of A;:horized Represe~:a:ive Board of County Ccx~ai~sior~rs e. ~a:, AGES,DA ITEM ASSURANCES The Applicant hereby assures and cemfies comp ancewnhall~:ederalstalutes regulations policies, u~delines and requirements includmg0MB Circulars N°' A'21' A'110' A'122' A'128. A'87' E O 1237 n ' . ?o. op,.,.,,,v, s6. Commo ,o, Or,n,, reoerany-ass~stea project. Also the Applicant assures and 'candies that' Pw , acceptance and use of Federal funds for this O6. t. ft POSSesses legal authority fo apply for the grant; thai a rlSo ulion mohon Or similar action has been duly a~oDted Or passed as an official act of Iha applicanl's governmg body. authorizing the filing ol the application, including all under. stanclings anc~ assurances containe¢ fherem, aaa direchng and authorizing Ihe person identified as the official rePresen. tative Of the applicant to act in connecbon wire lhe and to 0~ovide suc~ a~O~tiona~ informahon as may be quireS. 2. It will com~y wdh requirements of the Drows~OnS O~ the Unrtorm Re~ocahcn AssrstanCl an~ Real Property ACQuis~. bone Act Of 1970 P L. 91-646) wh~c~ Drow0es for ~a~r and equitable trealmentc~ersons d~sclacea as a result o~ Fe~. oral am~ feCeraHy-ass~s:e~ ~rogra~s governmen~ w~ose ~rmcJDaJ empIoymen~ iS ,n w*t~ an aCbw~y hna~ceC m whole or ~ ~art ~y Federal (5 USC 150,.e: sec.) 4. II will ccm~ly w~ ~he mm~mum wage a~ maximum hours provrs~O~S ot~e Federal Fair LaDQr Stanoar~s AC: if 5 H w~l es~aDlis~ safeguards to Croh~D~t embeD/ecs from befog mo:~va:eO Dy a ~es~re ~or pnvate gem for memseh/es or c~he~s. Darbcular~y :~ose w~t~ w~om l~ey move farad/. ness. Or tiber has. I~wHI give lhe sDonso~mg agency cr t~e ~omo~roHe~ t~rcugnanyaut~c~:ze~reDresem acre accesstoanC:~er.gnl to examme a;J f~C:rCS' ~OCks. papers Or COCumen's re;ale: the granL ' , 7. t: wH; corn=t/ w~:~ al; requirements tmpose~ by l~e FeCeral Soo~scrm~ a;eccy concer~mg spec~al reCu~remen:s cf la~. program requirements, a~0 other acmimsTrabve recu~rements. J*. wHI msure :~a'. :~e facilities un,er its cw~ers~ =. lease suDerv~sic~ w~,c~ s~all be uhJize~ ,~ the acccmChsnmen: t~e DrcjeCl are ncr hstea m me Environmental Agenc,/*s (E=A.hs: O~ V~ciatmg Fac~hhes an0 :nat rt wm nohh/ lhe ~Cer~ grantor aDency of the race,ut O~ any c:~muc ca. t~cn r. cm, ,e C~rec:cr Of Ina EPA Off,ce c~ ~e~eraT Acbw:~es ,n¢icahng that a ~acHdy to be use~ m t~e Drcjec~ ~s unCer ccns~erabon for hstmg ~y ~he EPA. o~ Sec:moa lC2',a) of me Frooo D,sas:er Pro[ecbcn AC: 1973. Pu~hc Law 93-234. 87 Slat. 975. a=Dr=ve¢ 31. 1D75 Sec:~c~ I02(a) renu,res, on an~ al;er Marc~ 2. 1975. tee Curc~ase cf flocO msurance m communal,es w~e-e Such insurance ~s a'.'ada~Fe as a Cort~l~lO~ for h~e race.O'. any FeCeral f+~a~c:al ess,stance for cons~ruchcn cr tiOn rurCoses for use ,n any area that ha(:/ beec ,Cer::f~e.~ ~/ the Secretary ol me Oe~a::menl of H~usin~ an3 .r~a~ De/e:. Demon:as ar, area ~av~n;s=ec~a~loo~azaros Tee ~ase 'Feceral (mnanc:a~ assistance' includes an.( fcr~ c1 Ica~ ~ra?:. guaran:y, mSura~ce pa/men:, re~aTe.'suDs. Cy. C,sas. to. ass:stance ~oan Or ~ra~T. o, any other form cf C~re=: or m~r'ecT Fecera. assistance 10. II will assist The Federal grantor agency in ils compliance with Sachon 106 of the Nabonel H~StOr~C Preservation Act of 1966 as amended(16 USC 470). Execuhve Orcler 11593. anOlhe Arc~eoTog,ca~ an~ Historical Prese~at~on Act of 1966 (16 necessary, fo ioe~dy prope~es hsted in or ehg~ble for inclu. s,on m [~e Nat,onat Regis:er of H~lfor~c Places that are sublect Io .adverse e~fects (see 35 CFR Pan 800.8) b acuv,Ty, and mobfy,m~ the Federal grantor agency o~ the exms:ence crony suc~ Or:~e,'es an~ ~y (b)comor ~n 11. I: wrJl :°mol f. a~o assure :~e CompiJance of ail ~{s subgran[ees O~,~us Crrme Ccn:ro~ a~= Sa~e Streets Act ot 1968. amerce=. :~e Juvec.le JuS:mCe a~3 De~mCuency Prevention AC:. ~r :~e V,c::ms of C~,me ACT. as apor.;=~,ate; the prov~- S;O~ Of t~e Current oCli+on ~f :he Ofhce of Jushce Programs rmancraf arc Acmm,s:rahve Gu,De for Gra~:s. M7100.1: and a:lcT~eraDci~ca:le re~eraltaws, or~ers c~r:,a ars Orregula. 12. I: wHr comp Y w~'~ :~e Droves,CaS of 28 C~R aoc,~ca~l¢ T3 ~ran~s an=cocDerabve a;reemenTs~ncluCmg ~aq 18 ACmmis:rahve :e~.s Part 22 Cc~fl~in',a~,v of ~lnt'a:- ~- - S a, st~cal ~ o,~a ,~ ~ . '. , v esearcn an~ . . ~ .. P r, 23. Ct:fnma/ In:e I 'ence Oceratm Poho p , , ~ Systems 'ar: .... ~ . ,.e~' ~r,.30. In.ergovernmenzaiRev,ewo~Oe. Crr~ma~rcm'EGua! E~Fcyme~: OD~orTumty PChCieS anO Pro- ce3ures. Part 51. Procecures for [rnptement,ng t~e National E~wronmen:a~ Pchcy ACh Part 63. F~coCcla~n Managemen~ a~c WerranO ~'crec:,cn =roceCures. aaa ~e~e'al laws or regu- lahcns aoDh:a~e :o Feoera~Ass~stnnce Prig,ams. 13 r: w~r~ :caD;7 eno a'~ its c:~'.ra: OrS w~rl comply, wfth the mcnc~sCr,m,na:~cn teCu,rements Of ~e Oma:uS Crime Con- trol eno Sa~e S~reets Act of 1958. as ame~oea. 42 USC 3789{:). or v,chms of Came Act to5 a~orcor~a:e}: T~He VI of :~e C,vH R,gh:s AC: of 1964. as amence~; SecTion 504 ot the Re~a:,h:a:~on Act ct 1973. as amemCe~: Subtitle A. TiZle II of :~e Amer,canS Wd~ D,sa~it~:,es Ac: {ADA) (1990); T~tle IX of the E:uca~c~ Amazements ct I~72; Ina Age DiscnmmahOn AC:C~:975 De~ar:me~: N:n-Drscrmma:ionRegu. of Justice lahces. 28 CFR Part 42. Su:~ar:s C. D. E. an0 G; and De=acment ot Jus:a:e regu~ah:ns on d~sa=:;,:y C~scrimina. hca. 2~ CFR Part35 a~CPar:39. 14 In the event a Fecerat or STate COur~ or Feoeral or State acm'n.s:ra:we age,c/ma~es a h~mrg of c~s:'~m,na:~on after a Cue cr:cess~ea~m; :~:~e g'CunCsotrace, co~Or, rehgron. ~a'.cnalong,n sex crmsa~.;,:y agar,st a rec,c,en:offun~s. C~w~ R~s. Cfhce ct Jushce Pro,rams - TLmothy n. l:;Jad'~cc:xT_k, I 5 IT w;!l cro'¢~e an Ecua: Emplc/...~ent ODDor:u,~dy Program if re;u,re~::,mamlamc~e where :,e a~;hcaho~ :s torSSOO.OGO It W'II ~O~DJy wr:h :~e G~Ov,s;onS DJ the CoasTal Ear~et RescurcesAc:~p L 97.348)Cate~Oc:ober:g.l~82(16USC 3~g' et sec ) ~,:~ =~:~.~t t~e e~cenditure cf mcs~ new PeCe-a: tunes '*.:~m :~e u~,: cf t~e Coas:ai Barnet s:~':es System ~._ ., ~GE~;DA IT~% C~airman, Board of County Cxm~i~sioner~--~f¢ BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT BLOCK GR_ NTS DIVISION CERTIFICATION FOR THF_~ SECTION 615, FISCAL YEAR 1997 APPROPRIATIONS ACT: ALU-O'H. AJ~ PIfBLIC SAFETY OFFICERS HEALTH BENEFITS ACT As required by Section 615 of the Fiscal Year 1997 Appropriations Act, a unit of local government eligible for the Local Law Enforcement Block Grants Program must be in compliance w/th the follow/ng in order to receive an award for their entire eligible amount. "Of the l=ands appropr/a:ed in :Ns Act under the heading 'OFFICE OF JUSTICE PROGRAMS -State and Local Law Enforcement Assistance' not more than ninetw percent of the amount to be awarded to an entiD' under the Local Law En. forcemeJt Block Grants shah be made available to such an entity when it is made known to the Federal official having authority to obligate or expend such funds that the entity that employs a public safeD' officer (as such term is defined in section 1204 of title I of the Om.n/bus Crime Control and Safe Streets Act of 1968) does not provide such a public safer,,' officer who retires or is separated from sec'ice due to injuo' suffered as a direct and proximate result ora personal injur?' sustained in the line of duty while responding to mn emergency situation or a hot pursuit (as such terms' are defined by State law) with the same or better level ofhealth insurance benefits tina: are paid b~,, the entity at the time of retirement or separation." ' Criteria for Compliance: To be in compliance, a unit of local government must: Use the defirJtions !arovided for public safeD, officer, law enforcement officer, firefighter and public agency as defined by section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Use State starutoO. law, or in the absense of State ]a,,v, use State case lax,.', local law, or have established wrinen policy for defining "injurS' suffered as a direct result ora personal injury sustained in the line of dutv while responding to mn emergency situation or hot pursuit." Stare law definitions of the te,,'-ms "e.mer=e:,.cv situation" no. pu,,suit" muse be used. Have an es:abtisled wrizen procedt:re or process for reviewing th:s: cases. Be 2b',e uso:-, request :o '~ ..... · ~oc.m~,,; that the same or better level cf :'-'='-", insurm behests are paid a: ti'to time of retirement or separation due to a.-. inju.-:.' sufS.-e Bureau of Justice Assistance the direct and proximate result of a personal injury sustained in the line of du.-v while respondfng to an emergency situation or hot pursuit aq arc the benefits paid bi the entity at the time of retirement or separation. An eligible applicant may certify, to only one of the following: As the Chief Executive Officer for the unit of local government, I hereby certify that the applicant is in compliance with this provision. As the CNefExecutive Officer for the unit oflocaI goverament, I hereby certify that the jurisdiction is not in compliance v~'ith tkis provision and understand that rr.y award amount will be an amount not more than ninety percent of the amount which could be awarded if the jtu-isdiction is in compliance with this provision. Grantee Name and Address: Collier County, Florida/Chairman, Board of County Cc,,,aissior~ 3301 Tamiami Trail East - l~uilding F Goverrment Ccu~lex Naples, Florida 34112 D249 .Application Identifier: Typed Name a.-.d Title of the CNefExecutive Officer: Timothy L. Bancock C~airman Board of County Cxmz,~s~ione. rs By signing this document, I understand that if the Bureau of3ustice Assi$1ance determines that my jurisdiction is found not in compliance for any reason including fraud, malicious in~ent or deceit, I agree that I will forfeit 10 percent of the award amount. Ifthe funds have already been expended, I understand that the U.S. Depar'wnent of 3ustice may pm'sue rr, e~sures that it deems appropriate in order to recover the funds. I also understand that such a finding could lead to my jurisdiction being debarred or suspended from participating in future g:~".: programs from the U.S. Depm-'wnent of Justice or the FederaJ Goverru'nent. Signan.u-e of the Chief Executive Officer: Timothy L. Bancock, Chairman Date of Signature: 6/17/97 42 AGE~DA IT~ % i " r (t/'1 JUN 1 7 1597 I Local Law EMorcement Block Grants Program EXEC~ SUMMARY ~ To I~'esent to the Board of Cot~ty Commissioners the State Revenue Sharing ~ fo~' F'~.,aJ Year 1997-1998 axed to obtain approval 'for the Chairman to sign the CONSIDEP~TIONS: Each unit of local government is required to file an application in order to be considered fo~' a,qy funds to be distributed under the Revenue Sharing Act. The .application requites ~ signatures of the Law Enforcement Official, Fire Official, Chief Fiscal ¢~cer, and Chairman of the Governing Body. This application must be submitted annually by June 30. GROWTH MANAGEMENT IMPACT: None. J~Cv.~,..~ Proper submittal of the application will enable the County to continue to receive funds under the State Revenue Sharing Act. RECOMMENDATION: That the Board of County Commissioners approve the application and authorize the Chairman to sign on behalf of the County. Robed W. Byrne, CI~,A - (,/ DATE:. General Operations Manager Finance Department, Clerk of the Circuit Court Ja~es Mitchell, CIA, CFE, CBA Fi~'ance Director/Deputy Clerk Clerk of the Circuit Court DATE: L. H. ltuch~ £xlcu1*ve DiflC~Or STATE OF FLORIDA Iqcl'l~,,,,"'";~ ' DEPARTMENT OF ,T" TALLAHASSEE, FLORIDA 32399-0100 ' ' Gen~.31 T~x Admini~t~li~n C~ld Support £nfo~cemen! Properly Tax Adn~r~llraboh To All Units of'Local Goverrument As Addressed: Subject: State Revenue Sharing Application For Fiscal Year 1997-98 Ladies and Gentlemen, Enclosed is the state Revenue Sharing application for fiscal year 1997-1998. Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. The application form must be completed and returned to the Department of Revenue ~0 LATER THAN ~ 30, 1997. Section 218.26(4), Florida Statutes, states: It shall be the duty of each agency and uait o£]ocal government required to submit certified im"ormation to the department pursuant to the administration oftkis act to file timely irurormation. Any unit of local government failing to provide timely information requh-ed pursuant to the administration o£tkis part shall, by such action, authorize the department to utilize the best information available or, ii" no such information is available, to take any necessary action, including disqualification, either partiXt or entire, and shall further, by such action, waive any right to challenge the determination of the department as to its share, if' an)', pursuant to the privilege of receiving shared revenues under this part. A/so enclosed is Chapter 12-10, F.A.C., describing the eligibility, apportionment and administration of the state Revenue Sharing program. ~$timated allocations for each unit of local government will be forthcoming. Your cooperation in this matter will be greatly appreciated and will expedite timely distribution of' state revenue sharing funds. Patricia M. CNn Acting Process Manager Refunds and Distribution Proccs~ PMC/DHA/dkr · ,' .'.:t;' ,. Enclosures JUN 1 7 1~7 k. H. guCh$ STATE OF FLORIDA DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA 32399-0100 Ge~erml TiI Properly Tax Adm,nistr,l~l~ Ir formlDon Ser~ces APPLICATION FOR REVENUE SHARING 1997-98 (CHAPTER 218, PART II FLORIDA STATUTES) Please TYPE or PRJ'NT all entries except those requiring a signature. PART ONE Name of County OR Name of Municipality Telephone Number Collier County Count%..' (941) 774-8404 (Area Code) (Number) Mayor or Chairman of Governing Body Timotlqy L. Hancock ~'hief Fiscal Officer D~ight E. Brock Official Mailing .Address 3301 g. Tami;mi Trii1 Naples. glor,.~= 2.:~1~ -'-] Check here if the address represents a change from the previous application. Federal Employer I.D. Number (required for new participants ordy). PART TWO To be eligible to participate in Revenue Sharing beyond the minimum entitlement for an>' fiscal year. a unit of local government is required to have: Reported its finances for its most recently completed fiscal year to the Department of Banking and Finance, pursuant to s. 218.32, F.S.. Made provisions for annual posmudits of its financial accounts in accordance with provisions of law. JUN 1 7 13..7 Levied, as shown on its most recent financial report, pursuant to s. 218.32. F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the voters, to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by the property appraiser, pursuant to s. 193.122(2), F.S., or, in order to produce revenue equivalent to that which would otherwise be produced by :;uch a three (3) mill ad valorem tax, to have received a remittance from the count3' pursuant to s. 125.01(6)(a), F.S., collected an occupational license tax or a utility tax, levied an ad valorem tax, or received revenue from any combination of these four sources. Certified compliance with s. 200.065, F.S.. Certified that persons in its employ as law enforcement officers, a.s defined in s. 943.10(1), F.S., meet the qualifications for employment as established by the Criminal Justice Standards and Training Commission; that its s~lar7 plans meet the provisions of Chapter 943, F.S., and that no law enforcement officer is compensated for his or her services at an annual salary rate of less than six thousand dollars (56,000). (A) Law enforcement officers, as defined in s. 943.10(1), F.S., employed by this Unit meet the qualifications for employment as established by the Criminal Justice Standards and Training Commission. Yes [~ No[--] (B) The salar)' structure and salary, plans for law enforcement officers meet the provisions of Chapter 943, F.S.. Yes['"-'] No['--'] ~C) All law enforcement officers, as defined in s. 943.10(]), F.S.. are compensated at an annual salary, rate of six thousand dollars ($6.000) or more. If the answer to (C) above is (NO), please state in an addendum to ti-tis application any reason you may have fox waiver of such requirement (one of which must be that you are levyhng ten (10) mills of ad valorem taxes). SIGNED: DATE: -_ Appropriate Law Enforcement Officer 2 JUN 1 7 1 97 If you have no police department, cie., please check the block to the left side. Certified thal persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualification for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 63.3.34 and 633.35. F.S.. and that the provisions of s. 633.382, F.S. are met. Does the addressed unit of government employ any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department duties, provided that degree is not required for their current position? Yes[--] No[--] (B) If so, are these firefighters currently receiving supplemental compensation for those degrees? Yes No [-'-1 Does Not Apply l-""] SIGNED: DATE: Appropriate Fire Official If you have no fire department or if you have a strictly volunteer fire department. etc.. please check the box to the left side. Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of law. Yes ~ No [--] Not applicable ~ JUN 1 7 1S97 10. Additionally, to receive its share of revenue sharing funds, a unit of local government shall certify to the Department of Revenue that the requirements of s. 200.065, F.S., if applicable, were met. The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing a final property tax levy. or. if no property, tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part. would otherwise be distributed to a unit of local government which has not certified compliance or has othe~'ise failed to meet the requirements of s. 200.065. F.S., shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department. PART THREE I hereby certif?' that all of the foregoing in.formation is accurate and true to the best of my knowledge. I farther certify that I will promptly report to the Department of Revenue any changes in the above information. I also realize that failure to provide timely in. formation required, pursuant to the administration of this Act shall, by such action, authorize the Department to utilize the best information available or, if no such irfformation is available, to take necessar)' action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, v,'aive any right to challenge the determination of the Depaa-tment to its share, if an?'. pursuant to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that vou have complied with ALL eligibiliD' requirements as set fort.h above? Yes I---] No I-'-] If the answer to the above question is (N'O), please provide as an attachment to 'da.is form the amount of revenue necessarS.' to meet )'our obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sharing. SIGNED: __ SIGNED: IChief Fiscal Officer) (Mayor or Chairman of Governing Body l DATE: DATE: MAIL COMPLETED ORIGF~/~L APPLICATI0~/ TO ADDRESS SHOWN BELOW Department of Revenue Revenue .Accounting Section P.O. Box 10669 Tallahassee. Florida 32302 JUN 1 7 1397 F.~E CUTIVE SUMMARY RECOMMENDATION THAT THE BOARD Ad'PROVE SETTLEMENT OF A CONTRACT DISPUTE BETWEEN COLLIER COUNTY AND P&H CONSTRUCTION CORP. INVOLVING THE CONSTRUCTION OF MAD( A. HASSE, JR. COMMUNITY PARK AND AUTHORIZE TIlE CHAIRMAN TO SIGN ALL NECESSARY SETI'LEMENT DOCUMENTS. ~ Obtain Board approval of a settlement between Collier County and P&H Construction Corp. concerning a dispute for the construction of Max A. Hassc, .Ir. Community Park as well as Board authorization for thc Chairman to sign all necessary settlement documents. CONSIDERATIONS: Following substantial completion of the construction of the Max A. Hasse, Jr. Community Park, several disputes arose over the contract and the closing out of the contract between the County and the general contractor for the project, P&H Construction Corp. CP&H"). Specifically, the County sought to assess liquidated damages against P&H in the amount of $22,050 due to delays in the completion of the project. In mm, P&H asserted claims for allegedly unanticipated rock removal and for alleged additional unanticipated engineering services in the total amount of $28,940. P&H also contended that the County's liquidated damages claim was either wholly unenforceable or subject to substantial reduction on the ground that the County had contributed to the delay on the project. Thus, P&H sought a final payment in the amount of $117,923.49 while the County took the position that final payment should be limited to $72,933.49. Prior to seeking.judicial relief, P&H's attorney met with County staffand a member of the County Attorney's Office to attempt to resolve the dispute. As a res~ult of that meeting and several subsequent conn'nunications, the following recommended settlement was achieved: 1. Total retainage for the pro,jeer is $90, 446.49. P&H has agreed to accept $87,500.00 in full satisfaction of all sums which it contends are due to it under the terms of its contract for the project. P&H shall indemnify the County from any claims by subcontractors ',,,'ho may contend they have not been paid by P&H. In this regard, the County is also protected by P&H's payment bond for the project. 4. Each party shall release the other ofall claims relating to the project. P&H will deliver to the County a consent of surety from the surety that issued the public construction bond for the project as well as a final zontractor's affidavit. All warranty and indemnification provisions of the contract shall rem effect. AGENDA ITEM No. : Pg' I A copy of the settlement agreement executed by P&H is attached for the Board's review. FISCAL IMPACT: None, except that the County will keep approximately $2,900 from the retainage. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board approve the settlement as outlined in this Executive Summary and the attached executed Settlement Agreement and authorize the Chairman to sign the necessary settlement documents. Prepared by: Michael W. Pettit Assistant County Attorney Reviewed by: Adolfo G~nzalez, Director. / Office of Capital Projects Management Date Approved by: barid C. WeigeV- ¥-) ~' Coun~ Anorney MW'P:gb Attachment 2 AGENDA ITEM No,_ · .s. , J u pg. THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of the ~_~ day of June, 1997, by and between Collier County ("Collier"), a political subdivision of the State of Florida, and P & H Construction Corp. ("P & H"), a Florida corporation. WI TNE S SET~: WHEREAS, Collier and P & H entered into a construction contract pursuant to which p & H, as general contractor, was to construct the Max A. Hasse, Jr., Community Park located in Collier County, Florida (sometimes referred to herein as the "project"); and WHEREAS, Collier has sought to assess liquidated damages against p & H in connection with the project; and WHEREAS, p & H asserts that it completed the project in a timely fashion and denies liability for the liquidated damages asserted by Collier; and WHEREAS, p & H has made claims for extra work consisting of a claim for additional field engineering and a claim for rock removal; and WHEREAS, Collier denies liability for the extra work claim asserted by P & H; and WHEREAS, the parties desire to resolve all disputes between them with respect to the project; and WHEREAS, all parties have and do hereby deny any and all liability with respect to any claim asserted by any party in connection with the project. AGENDA ITEM Nc,.....Z. - '~ , , Pg. NOW, THEREFORE, for and in consideration of the mutual promises and benefits conferred herein, the payments recited herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. Pavment to P % H. P & H agrees to accept the reduced sum of Eighty-Seven Thousand Five Hundred and No/100 Dollars ($87,500.00) in full satisfaction of all sums which it contends are due it under the terms of its contract with Collier to construct the project. Said sum represents the contract balance which Collier contends is owed P & H less liquidated damages which P & H contests. No sum is provided to P & H for the field engineering charges it incurred or the rock removal claim it asserted. Within seven (7) days from satisfaction of the last condition precedent set out in Paragraph 2 below, Collier shall pay to P & H the compromise sum referenced above. Said payment shall be made by check payable to the George H. Knott Trust Account and shall be delivered to the attorneys for P & H within seven (7) days from satisfaction of the last condition precedent set forth in Paragraph 2 below. 2. Conditions to Payment to P % H. The payment to P & H referred to in Paragraph 1 above is expressly conditioned upon the satisfaction of the following conditions precedent: 2.01 The approval of this Settlement Agreement by the Board of Collier County Commissioners. AG'-N DA I'rEM No. ,'.' "- Pg.. '~ 2.02 The execution and delivery to Collier of a final contractor's affidavit. 2.03 The delivery to Collier of a consent of surety from United States Fidelity & Guaranty Company, the surety who issued the public construction bond for the project. 3. I~demnit¥. In consideration of the first One Hundred and No/100 Dollars ($100.00) paid hereunder by Collier County, P & H, to the fullest extent permitted by law, shall indemnify, hold harmless, and defend Collier County and its agents from and against all claims, damages, losses, expenses, causes of action, or demands which might be asserted against it by subcontractors of ]? & H. This indemnity clause is intended to comply with Florida laws on indemnity and, specifically, to comply with Florida Statute 725.06 and is to be interpreted in such a way as to be enforceable. 4. Release by Collier. Except for any claims which might arise under this Agreement or under the warranty or indemnification provisions of the contract documents pertaining to the project, Collier hereby fully and finally remises, releases, acquits, satisfies, and forever discharges P & H and its agents, representatives, sureties, officers, directors, employees, successors, and assigns from any and all manner of action and actions, cause and causes of action, suits, debts, dues, s~ms of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which Collier now has or may have in the future against P & H arising out of the construction of the project or in any way relating to the project. 5. Release by P & H. Except for any claims which might A~E.N DA ITEM 1 7 t'397 Pg. arise under this Agreement, P & H hereby fully and finally remises, releases, acquits, satisfies, and forever discharges Collier and its agents, representatives, sureties, officers, dir~ctors, employees, successors, and assigns from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, Judgments, executions, claims or demands whatsoever, in law or in equity, which Collier now has or may have in the future against Collier arising out of the construction of the project or in any way relating to the project. 6. Miscellaneous. 6.01 This Agreement shall be governed by the laws of the State of Florida. 6.02 This Agreement sets forth the entire understanding and agreement of the parties, and all prior agreements, proposals, and negotiations, both written and oral, not incorporated herein are hereby canceled. This Agreement can only be modified in writing, signed by the party or parties to be charged. 6.03 This Agreement is for the benefit of the parties hereto, their successors, predecessors, assigns, representatives, agents, insurers, sureties, and legal representatives. 6.04 This Agreement is freely and voluntarily executed by all parties after having been appraised of all relevant information and data. The parties, in executing this Agreement, do not rely on any inducements, promises, or representations made by any other party or any of the representatives of any other party other than the promises and representations set forth in this Agreement. 6.05 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute a single instrument. If any provision or any portion of any provis£on of this Agreement, or the application of any provision or portion thereof to any person or circumstance, shall be held invalid or unenforceable, the remaining portion of such provision and the remaining provisions of this Agreement A,C:.SN DA ~TEM No._.' '- ': shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. I DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Timothy L. Hancock,.Chai~nan (1) ~~~e '~ P & H CONSTRUCTION CORPORATION Price, Typed Name ~ Printed/~ed N~e Printed/~ed~e ~rinted/Typed Name Approved as to form and legal su f ficienc,.y: ,.. ,.'; / ,~ '~/~; ~ Z~-" ,>' k' ~'~'~'~"~ ~' ;'l."b' / ' '" Michael W. Pettit Assistant County Attorney (corporate seal) Ag:NDA ITEM NO. .. ....