The URL can be used to link to this page

Backup Documents 01/27/2004 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 27, 2004 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA January 27, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 January 27,2004 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes 5/0 Bo January 5, 2004 - BCC/City of Naples Joint Workshop Approved as presented 5/0 SERVICE AWARDS Ae Twenty-Year Attendee: James Scarbrough, Transportation Presented Be Thirty-Year Attendee: Arturo Herrera, Parks and Recreation Presented 4. PROCLAMATIONS A® Proclamation to designate Saturday, January 31, 2004, as Peaceful Paws Day. To be accepted by March Sanders, Abused Women's Shelter; Steven 2 January 27, 2004 Wright, Humane Society of Collier County and Jodi Walters, Domestic Animal Services. Adopted 5/0 Bo Proclamation to recognize the Month of January 2004 as the Reverend Dr. Martin Luther King, Jr.'s birthday celebration. To be accepted by LaVerne Franklin, President of the NAACP. Adopted 5/0 PRESENTATIONS Ae Presentation by the South Florida Water Management District for watershed initiatives in Collier County in the amount of $1.3 million. Check Presented e Recommendation that Debbi Maxon, Case Manager, Public Services Division, be recognized as "Employee of the Month" for January 2004. Recognized PUBLIC PETITIONS 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Ae Be The Collier County Airport Authority Ordinance; amending powers, functions and duties of the Board and the authority; amending the authority's budget and reporting requirements; amendments regarding employment of the Executive Director; amendments regarding transfer of airports, real and personal property, systems, materials and personnel; affirming all other provisions; repealing and superseding Collier County Ordinance Nos. 90-29, 95-67, 99-10 and 2002-28; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; providing an effective date. Ordinance 2004-03 Adopted 5/0 An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-75, the Public Vehicle for Hire Ordinance, to prohibit the Collier County Public Vehicle Advisory Committee (PVCA) from authorizing any individual to operate a vehicle for hire if the driver applicant 3 ,January 27, 2004 had been convicted of one or more specified ten year crime less than ten years prior to the date of the application to the PVCA. Unless the PVCA grants an exemption; providing for exceptions and exemptions; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. Ordinance 2004-04 Adopted 5/0 Continued to February 24, 2004 C. An Ordinance of Collier County, Florida, amending Ordinance Number 99- 38, the Collier County Maximum Fees for Non-consent Towing and Storage of Vehicles Ordinance; amending Section four to clarify that vehicle towing companies, when engaged in non-consent towing or non-consent storage, shall not charge any administrative charge or fee unless the towing company actually incurs such cost as a direct expense and pays that expense; amending Section Six regarding the County's wrecker operation system and clarifying penalty provisions; providing for conflict and penalty provisions; providing for conflict and severability; providing for inclusion into the Code of Laws and Ordinances; providing an effective date. De Recommendation for the Board of County Commissioners to consider and adopt amendments to the Collier County Ethics Ordinance No. 2003-53. Ordinance 2004-05 Adopted w/changes 5/0 me Recommendation to approve an ordinance establishing an Animal Services Advisory Board. Ordinance 2004-06 Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS Ae Bo Ce Recommendation to declare 3 vacancies on the Public Vehicle Advisory Committee. Resolution 2004-29 Adopted 5/0 Appointment of member to the Collier County Coastal Advisory Committee Resolution 2004-30 Appointing Councilman Arceri Adopted 5/0 Appointment of members to the Bayshore/Avalon Beautification MSTU Advisory Committee. Resolution 2004-31 Adopted 5/0 Re-appointing Maurice Gutierrez and Bill L. Neal 4 January 27, 2004 10. De me Recommendation to declare a vacancy on the Bayshore/Avalon Beautification MSTU Advisory Committee. Resolution 2004-32 Adopted 5/0 Appointment of members to the Land Acquisition Advisory Committee. Resolution 2004-33 Re-appointing Michael J. Delate, Marco A. Espinar and John E. Carlson Adopted 5/0 Appointment of members to the County Govemment Productivity Committee. Resolution 2004-34 Appointing Robert E. Dowling and Stephen Harrison Adopted 5/0 Ae COUNTY MANAGER'S REPORT Ae Be (Item 10A is a companion to 10B) Approval of the Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A category. (Joe Schmitt, CD&ES Administrator.) Approved w/changes 5/0 (Item 10B is a companion item to 10A) Recommendation for Board direction to change the Conservation Collier Purchase Policy, currently Resolution No. 2003-195, to better allow for partnering with other agencies in the acquisition of land by adopting a revised purchase policy in a Resolution superceding Resolution No. 2003-195. (Joe Schmitt, CD&ES Administrator.) Resolution 2004-28 Adopted with stipulation regarding access issues - 5/O Ce Item to be heard at 11:00 a.m. Presentation to the Board of County Commissioners by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department of an eighteen-month and final progress report regarding the proposed mandatory non-residential recycling ordinance within the unincorporated areas of Collier County. (Jim DeLony, Public Utilities Administrator.) Staff to bring back Ordinance for adoption-Consensus Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Immokalee Road between U.S. 5 January 27, 2004 Highway 41 and Interstate 75 (Capital Improvement Element No. 73, Project No. 66042). Estimated fiscal impact: $4,500,700. (Norman Feder, Transportation Services Administrator.) Resolution 2004-35 Adopted 5/0 This item was continued from the Januar~ 13, 2004 BCC meeting. Alternative road impact fee calculation for Shelton Jaguar/Land Rover dealership replacement facility. (Norman Feder, Transportation Services Administrator.) -Alternative Road Impact Fee Calculation Approved in the Amount of $175,078.80 - 5/0 Item to be heard at 1:00 p.m. This item to be heard before Items 10A and 10B. To approve the purchase of a 50-acre parcel of land located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway for the purpose of providing for drainage improvements, transportation improvements and environmental protection. (Fiscal impact: Up to $20,000,000.) (Norman Feder, Transportation Services Administrator.) Approved with modification in price - 5/0 Time certain 2:30 p.m. G. That the Board of County Commissioners consider amending the Medic 80 Agreement with Naples Community Hospital to address additional requests raised by the Hospital. (John Dunnuck, Public Services Administrator) NCH to pay what is owed to the County by 4/30/04 and the County Implement Medicare plus 10% discount for indigent out of county transports providing they do not exceed 5% of total transports and if they do they pay full rate. If not acceptable to NCH, the out of county transports will cease- 5/0 Time certain 2:00 p.m. H. Discussion and decisions regarding the Economic Development Council's recommendation to provide economic incentives to Satire Aircraft Company for development of an aircraft manufacturing facility at the Florida Tradeport. (Joseph Schmitt, CD&ES Administrator) 1) Authorize County Manager and the Airport Authority to negotiate a lease agreement with Satire Company - 5/0 6 January 27,2004 2) 3) 4) 5) 6) County Manager Authorized to negotiate for Funding of a pad ready site - 5/0 County Manager to stimulate job creation in targeted industries - 5/0 Fee Payment incentive for impact fees - Approved 5/0 Reimbursement regarding Broadband infrastructure - Approved 5/0 Commissioner Fiala to write letter to Satire welcoming them to the community and send a tape of this meeting- 5/0 Added I. To be heard at 2:00 p.m. along with Items 10(H) and 10(J): To discuss only a Aircraft Company as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of$1,330,000 as local participation in the Qualified Target Industry (QTI) Tax Refund Program and Brownfield Area Program, and providing for an effective date. (Staff request.) To be brought back on March 9, and BCC in agreement - Consensus Added J. To be heard at 2:00 p.m. along with Items 10(H) and 10(I): To discuss only a resolution by the Board of County Commissioners of Collier County, Florida, making findings; designating a Brownfield Area within Collier County for the purpose of environmental rehabilitation and economic development, and providing for an effective date. (Staff request.) To be brought back on March 9, and BCC in agreement - Consensus 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowski regarding zero waste and the support of the Commissioners 12. COUNTY ATTORNEY'S REPORT 13. Ae Approval of an agreement to waive costs in the Flagg vs. Collier County Lawsuit, Case #2:02-CV-274-FT.M-29 DNF, in exchange for the Plaintiff's agreement to forego the right of appeal. (David Weigel, County Attorney) Approved - 5/0 OTHER CONSTITUTIONAL OFFICERS 7 January 27, 2004 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae Bo De Fe Ge County Attorney to give assistance regarding Radio Fiesta, Valentine Event, Rotary Club of Immokalee Event, Cinco de Mayo, and Golden Gate Festival events to be held in Collier County. 5/0 County Manager regarding union with EMS County Manager regarding CCSL Renourishment Project - to be brought back at a regular BCC meeting to be a permitted process 5/0 Discussion regarding Coconilla - to be heard by the BCC on 2/10/04 Commissioner Coyle not to be at the 1/29 meeting but has concerns regarding wildlife in Collier County Discussion regarding tour of the Satire Aircraft Development at 2:00 p.m. on Saturday, 1/31/04 Commissioner Fiala regarding painting a permanent flag on the Administration Building. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately Approved and/or Adopted with changes 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) To consider the results of the "Naples Park Community Public Opinion Survey Final Report" prepared by Trullinger Associates, Inc. and consider this proposal dead. 2) Request to grant final acceptance of the roadway and drainage improvements for the final plat of"Riverchase Shopping Center First Addition". The roadway and drainage improvements will be privately maintained, there are no water or sewer improvements associated with the subdivision. Resolution 2004-16 8 January 27, 2004 3) Request to approve for recording the final plat of "Majors Phase Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Request to approve for recording the final plat of "Majors Phase Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Reject all bids received under Bid No. 04-3601 - "Housing Rehabilitation Inspection and Contract Management Services" and RFP 04-3600 -"General Contractor Contract for Residential Housing Rehabilitation Services", and authorize the Financial Administration and Housing Department to utilize one open planning position to implement and administer the Residential Rehabilitation Program. 6) Fee Schedule amendment for well permits and inspections of abandonment and plugging of existing wells. Resolution 2004-17 7) Approval of an amendment to the Interlocal Agreement between Collier County Board of County Commissioners and the City of Naples to administer contracts with Tomasello Consulting Engineers, Inc., for engineering services related to Flood Insurance Rate Map (FIRM) restudy and appeal. B. TRANSPORTATION SERVICES 1) Obtain Board authorization for the Bayshore Beautification MSTU Fund to make payment to Four Seasons Banner Company in the amount of $6,562 for the purchase of holiday banners and bracket sets. 2) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable documents, and accept on behalf of the County any such grant awarded. Resolution 2004-18 9 January 27, 2004 3) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable documents, and to accept on behalf of the County any such grant awarded. Resolution 2004-19 4) That the Board approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners and ATC Paratransit and authorize the Chairman to enter into the agreement. 5) Recommendation to award Bid No. 04-3599 "Traffic Sign Materials and Related Items" to multiple firms 6) Recommendation to approve the purchase of one (1) single engine sweeper truck from Environmental Products of Florida. Bid #04- 3500. 7) Approve Selection Committee ranking of firms for contract negotiation for RFP #04-3571, "Green Boulevard Extension Corridor Study." 8) Request the Board approve a resolution authorizing implementation of a twenty miles per hour (20 MPH) school zone during school arrival and dismissal hours, as posted on site, on roads adjacent to Golden Gate Intermediate Center North and Golden Gate Intermediate Center South, at a cost of approximately $1250. Resolution 2004-20 9) Recommendation to award Bid No. 04-3586 "Installation and Maintenance of Street Lights" to E.B. Simmonds Electrical, Inc. 10) Recommendation to award Bid #04-3603 "Purchase of Lime-Rock and Fill Material" for the estimated annual amount of $500,000 to Big Island Excavating, Inc., Florida Rock Industries, Inc., and Southern Sand and Stone, Inc. 11) Recommendation to award Bid #04-3605 "Purchase and delivery of metal and polyethylene pipe" for the estimated annual amount of $25,000 to National Waterworks, Inc., Ferguson Waterworks, Metal Culverts and Contech Construction Products. l0 danuar¥ 27, 2004 Board approval of Adopt-a-Road Program agreements at the Board of County Commissioners meeting on January 27, 2004. 13) Request the Board accept on behalf of the County a private donation of trees for use within public property from Superior Plant Company valued at $6,900 14) Board approval of a budget amendment in the amount of $330,055 for the Florida Department of Transportation State Block Grant Funds. 15) Approve supplemental Work Order #2 for the Forest Lakes MSTU to Wilson Miller, Inc., in the amount of $99,500. C. PUBLIC UTILITIES 1) Re-confirm approval of a $60,000 budget amendment and a change order under the project to renourish Hideaway Beach with Upland Sand, Project 90541, in the amount of $107,188.53. 2) Adopt a resolution approving the Satisfaction of Lien for a solid waste residential account wherein the County has received payment and said lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record the lien. Resolution 2004-21 3) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2004-22 4) Adopt a resolution authorizing the acquisition by gift or purchase of non-exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements for the construction of a sewer force main, raw water mains and well sites required for the Collier County Water-Sewer District's South County Regional Water (SCRWTP) 12 -MGD Reverse Osmosis (RO) January 27, 2004 Wellfield Expansion Project, Project Number 70892, at a cost not to exceed $1,300,000. Resolution 2004-23/CWS 2004-01 5) Award annual contract for instrumentation, control, telemetry, and SCADA Integration services pursuant to RFP 04-3536, in the estimated amount of $1,500,000. As detailed in the Executive Summary 6) Board approval of a budget amendment to recognize additional revenue from the pollution clean-up and restoration contract GC 623 in the amount of $66,257. 7) Approval to transfer funds and the associated budget amendments for Contract No. GC 623 with the Florida Department of Environmental Protection (RDEP) from Water Pollution Control Fund (114) to Miscellaneous Grants Fund (116) in the amount of $201,257 and to transfer the remaining budget in the amount of $30,300 to Reserve for Contingencies in Water Pollution Control Fund (114). 8) Approve a work order with Greeley and Hansen, LLC to perform an infiltration/inflow study for the North County Wastewater service area in the amount of $251,980, Project Number 72502. 9) Authorization to execute and record a satisfaction for a certain water and/or sewer impact fee payment agreement. Fiscal impact is $15.00 to record the satisfaction. lO) Approve the Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. Fiscal impact is $96.00 to record the liens. As detailed in the Executive Summary 11) Approve consultant selection and authorize staff to begin negotiations for Wellfield Reliability Improvement and Expansion Program, RFP 04-3593, Projects 70158, 70899, 70900, 71002, 71006 and 71011 with estimated fees on the order of $1,000,000 per year for five to eight years. 12 January 27, 2004 With Camp Dresser & McKee D. PUBLIC SERVICES 1) Approve a sub-recipient agreement between Collier County Emergency Medical Services Department and the Florida Department of Health for domestic security equipment Estimated value of equipment is $250,000 and is being provided at no cost to Collier County. 2) Approve a budget amendment in the amount of $28,048 to upgrade materials used in the re-roofing of East Naples Community Center. 3) Approve the award of Bid No. 04-3596 to Gulfshore Pharmacy for the Human Services Department/Social Services Medication Assistance Program. 4) Approve the Older Americans Act Continuation Grant in the amount of $869,125 and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. E. ADMINISTRATIVE SERVICES 1) Recommendation to accept staff's short list for architectural services for the Vanderbilt Beach parking garage, RFP# 04-3582. With Walker Parking Consultants 2) Approve a resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida during the 2004 calendar year to execute agreements, deeds and other documents required for the sale of GAC Land Trust property. Resolution 2004-24 3) Award of Contract #03-3548 to Jones Edmunds and Associates, Inc. for consultant services for developing a Land and Land Rights GIS database in the estimated initial contract amount of $205,224. 13 January 27, 2004 4) Approve resolution providing for the acceptance of conveyances made by developers in compliance with development commitment requirements and ordinances. Resolution 2004-25 5) Approval of a resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute deed certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2004 calendar year. Resolution 2004-26 6) Authorize conveyance of an easement to Florida Power and Light Company for utility facilities to service the Grey Oakes Fire/Safety Station at a cost not to exceed $15.00. F. COUNTY MANAGER G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) State Criminal Alien Assistance Program 2004. K. COUNTY ATTORNEY 1) Approval of settlement agreement and mutual release between Collier County, Texas Industries, N.V. and Collier Cultural and Educational Center in reference to Case No. 01-4571-CA-HDH that is now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. 2) Approve the agreement entitled "Prepayment of Educational Impact Fee Agreement", which agreement implements that portion of the Heritage Bay Development Order requiring the repayment of school 14 January 27,2004 impact fees, thereby allowing developer's $1,700,000 prepayment to be deposited into the Educational Facilities Impact Fee Trust Account, and to authorize the execution of the agreement by the Chairman of the Board of County Commissioners. 3) Request to the making of four offers of judgment relative to the fee taking of Parcels Nos. 113, 125, 127 and 128 in the lawsuit styled Collier County V. G. Herbst, et al., Case No. 02-5l38-CA (Immokalee Road Project #60018). As detailed in the Executive Summary 4) Request to approve the making of an offer of judgment to respondent Nova Capital, L.P., A Delaware Partnership, D/B/A Mastercraft Homes Limited, for the fee taking of Parcel Nos. 102 and 702 in the amount of $20,940 in the lawsuit styled Collier County V. Faith Bible Church of Naples, Inc., ET AL., Case No. 99-2165-CA (Immokalee Road Project #69101). As detailed in the Executive Summary 5) Approval of Settlement and Tolling Agreement between Collier County and Rock Oil Company in reference to Case No. 2:03-CV-65- FTM-29DNF that is now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. As detailed in the Executive Summary 6) Accept offer of DeMinimus Settlement Agreement from United States Environmental Protection Agency to settle all of Collier County's Potential Liability regarding pollution from former Florida Petroleum Reprocessing Facility at 3211 SW 50th Avenue, Davie, Broward County, Florida, and authorize payment of $6,463.12 to USEPA and $2,154.38 to the City of Fort Lauderdale in full settlement of Collier County's Potential Total Liability. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER 15 January 27, 2004 COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEX2003-AR-4607 Jeffrey A. Nunner, P.E., of Nunner Group, LLC, representing Cleveland Clinic Florida, requesting a two-year extension of the Astron Plaza Planned Unit Development (PUD), pursuant to LDC Section 2.7.3.4.6, for a 8.56 acre tract located at the southwest comer of the intersection of Napa Boulevard and Pine Ridge Road in the southeast quadrant of the I-75 and Pine Ridge Road intersection, in Section 17, Township 49 south, Range 26 east, Collier County, Florida. Resolution 2004-27 To be heard February 10, 2004 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition A VPLA T2003- AR5000 to disclaim, renounce and vacate the County's and the public's interest in a portion of the drainage easement located on Tract "F" according to the plat of "Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida, located in Section 5, Township 49 south, Range 26 east. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 16 January 27,2004 '2A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 27.2004 Add On Item 10(1) to be heard at 2:00 p.m. alona with Items 10(H) and 10(J): To discuss only a resolution by the Board of County Commissioners of Collier County, Florida, supporting Safire Aircraft Company as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $1,330,000 as local participation in the Qualified Target Industry (QTI) Tax Refund Program and Brownfield Area Program, and providing for an effective date. (Staff req u est.) Add On Item 10(J) to be heard at 2:00 p.m. alona with Items 10(H) and 10(1): To discuss only a resolution by the Board of County Commissioners of Collier County, Florida, making findings; designating a Brownfield Area within Collier County for the purpose of environmental rehabilitation and economic development, and providing for an effective date. (Staff request.) Item 17B was placed on this aaenda in error. Item was advertised for and will be heard at the February 10. 2004 BCC meetina: Petition AVPLAT 2003-AR5000 to disclaim, renounce and vacate the County's and the public's interest in a portion of the drainage easement located on Tract "F" according to the plat of "Fountainhead Subdivison Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida, located in Section 5, Township 49 south, Range 26 east. (Staff request.) Clarification of Item 16(K)1: When the Board approves the revised settlement agreement, the Board will also accept the deed for the twenty acre cultural center parcel that has the "Exhibit B" attached. Exhibit B to the deed is a one page, one paragraph attachment. It sets forth the conditions requested by the Board when the original settlement agreement was presented for acceptance in November. All parties to the agreement have signed the revised one except the County. The agreement also contains the same new terms as those in the Exhibit "B". Time Certain Items: Item 1 OC to be heard at 11 :00 a.m. Proposed mandatory non-residential recycling ordinance within the unincorporated areas of Collier County. Item 10F to be heard at 1 :00 p.m. with 10A and 10B followina. 50-acre parcel of land located in northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway (Fleischman property.) Item 10G to be heard at 2:30 p.m. Consider amending the Medic 80 Agreement with Naples Community Hospital to address additional requests raised by the hospital. 10(H). 10(1) and 10(J) all to be heard at 2:00 p.m. Safire Aircraft Company. '.~ PROCLAMA TION WHEREAS, we have been endowed with the blessings and benefits of both our human and animal friends, who give us companionship and great pleasure in our dally lives,' and, WHEREAS, we accept our responsibility to protect all creatures with whom we share the earth from fear, suffering, pain, and need,' and, WHEREAS, we recognize that kindness, consideration, and respect for all living things are the basic values on which a humane and civilized society is bUIlt,' and, WHEREAS, the people in this community are deeply indebted to the Shelter for Abused Women & Children, the Humane Society of Collier County, and Collier County Domestic Animal Services for their invaluable contributions in caring for victims of domestic violence and pet abuse, a"gi' .. a spirit of kindness and consideratioa.i~.Í'lds and hearts of all people. NOW THEREFOR of,." .........;..f(l¡i"ty,..l!.lf!jlcfl!b~riffl¡~/()f .1(, i c.~.{trr of ~~/ffrJ.c~",,·/ri~~~/_'m Jf.fIJ!IS'tI,l, 2001" "f.....i0i>! "" '; ,,/, .......,....'............................·.....·.·.·..·.:...,·.':t..·.........~.¡.:....... .,. . ',"''':,, . ' '::.~':;~::~:~,~·~v~\/:::~. ... .,' ., . /~ i~; ~ _, '+-:::.;: ~" \ ..~;-'::~-, ~¡" ;': \<:~,. "';:,: ::::._. . _.,." ^"~~__.::_:,;i: t PEACEF(Jl" PAWS QAr"j¥ >' .-" ':<:': ··::·;:-}:xiA·.,' _'.. ,- /; ,:,::, :",,::(~ ...-:~ _"t_\::, :;!'::.:.:::,:-;".~-:,:..:,::" :'>',_/.:f\.\::<;.·.>; >.,-:.". to P,~Í1J~t;ìjIr4f'!"1lj.(,(:~' tJ(1g all fami} eart(lyÞ; 'lf4(!I1I~~t;(¡;f¡' ~.(pÌJr citizens f'f tl,¡itJPY9J't!Ì/lè ';S Communi COMMISSIONERS 'êbuNTY, FLORIDA ~)~ DONNA F. J4LA, CHAIRMAN 48 PROCLAMA TION WHEREAS, the Congress of the United States of America has designated the birthday of The Reverend Dr. Martin Luther King, Jr. as a National Holiday,' and, WHEREAS, the President of the United States signed legislation authorizing The Reverend Dr. Kings birthday, January 20th as a National Holiday,' and, WHEREAS, The Reverend Dr. Martin Luther King, Jr. received national and international recognition for his stirring struggle against injustice and his leadership in espousing brotherhood, self-discipline, and nonviolence; and, WHEREAS, the Collier County Branch of the National Association for the Advancement of Col'?/YI rAACP) will hold commemorative celebrations 0t;¡~" ' , birthday by sponsoring community,t!ÞtiYifi4 'he month of January 2004. missioners of , be mber The rparticipating ñ 'he month of UNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~J~ DON ¿. FIALA, CHAIRMAN COLLIER COUNTY FLORIDA r 8 A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS "~ ; ."" 'J.m, , , ~,. "I }i.¡:¡ To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement 0 Othe" (Display Adv., location, etc.) .......................................................................................................... Originating Dept/ Div: County Attornev Offi~ Person: David C. Weigel. County Attorney Date: 01/09/<21. Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Adille" of any I"",on(,) to be notified by CI«k', Offiee, (If more ,pace i' needed, attacb separate ,heet) Hearing before :x BCC Reque"ed Hearing date' (B"ed on advertisementappearing 10 day' before hearing. 01-21-04 BZA Other Newspaper(s) to be used: (Complete only if important): o Legally Required X Naples Daily News Proposed Tex" (I.elude legal deseription & eommon loeation & Si,e' THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; AMENDING POWERS, F\JNCTlONS AND DUTIES OF THE BOARD AND THE AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPORTING REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF AIRpORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL; AFFIRMING ALL OTHER PROVISIONS; REPEALING AND SUPERSEDING COLLIER coUNTY ORDINANCE NOS. 90-29, 95-61, 99· 10 AND 2002-28; PROVIDlNG FOR CONFLICT AND SEVERABlLITY; PROVIDING FOR INCLUSlON IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. o Other Does Petition Fee include advertising cost? X Yes 649100 :r:~¿!l~' ~ David C. Weigel "if County Attorney o No [f Y"" whataeeount ,hould be eharged fo' advertisiog eo"" 00 I -100510- Companion petition(s), if any & proposed hearing date: 1- &J-lJf Date List Attachments: A, For bearings before BCC or BU, Initiating pe""n to complete one copy and obWn Division Head approval belo... snbuûtting to County Manage<, Note' Iflegal domment ;s Involved, be sn'" that any necessary legal review, or ...quest for same, " snbuûtted to County Atto,ney befo'" ,nbuûtting to County Maunger. Tbe Mana..r" o!fi« will distribute copies: DISTRIBUTION INSTRUCTIONS o County Manager agenda file: to Clerk's Office o Requesting Division o Original B . Oth« hearing" lniliating Division head to appmve and submit original to CI«k' s Office, retaining a copy fo' file. ......................................................................................................... FOR CLERK'S OFFICE U~E QNLY: Date Received' AVtOO4- Dole of Publie liearing' r'Z.Î-01.. Date Adve<tised' J..¡lr()~ ,.------.... 'SA COLLIER COUNTY ORDINANCE NO. 2004- THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; AMENDING POWERS, FUNCTIONS AND DUTIES OF THE BOARD AND THE AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPORTING REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL; AFFIRMING ALL OTHER PROVISIONS; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NOS, 90-29, 95-67, 99- 10 AND 2002-28; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, subsection TWELVE (B) of this Ordinance is being amended to require that all funds realized by the Authority from sale of durable assets purchased by the Authority with County General Fund money shall be returned by the Authority to the County's General Fund; and WHEREAS, subsection SEVEN (C)(5) in this Ordinance is being amended to specify that all of the Authority's grant awards are subject to final approval from the Board of County Commissioners; and WHEREAS, subsection EIGHT (A) in this Ordinance is being amended to require that each year the Authority shall schedule and conduct at least one (1) workshop with the Board prior to submission of the Authority's tentative annual budget request to the County Manager; and that each budget request must contain an update of the Authority's five-year Strategic Business Plan; and WHEREAS, this Ordinance amends subsection SEVEN (C)(7) to require that all leases, sub-leases, easements, licenses, use agreements and any other agreement or document entered into by, or issued or granted by or to the Authority that will control use of the County's real property for a term greater then five (5) years must be ratified by the Board before each such document becomes effective; and WHEREAS, subsection EIGHT (C) is being added to this Ordinance to require that the Authority shall provide the Board with quarterly financial reports, including the financial status of grants and income from real property sub-leases and real property licenses; and WHEREAS, subsection TEN (A) in this Ordinance is being amended to specify that the Board must authorize each search for an Airport Authority Executive Director, must approve the applicant recommended to the Board for employment by the Authority, and the Board must approve the recommended applicant's employment agreement; and.,. WHEREAS, Section TWENTY in this Ordinance specifies that this Ordinance repeals and supersedes Collier County Ordinance No. 90-29, and Ordinance No. 95-67 as amended by Ordinance Nos. 99-10 and 2002-28. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Airport Authority Ordinance." Underlined text is added; struok through text is deleted 'SA SECTION TWO: Findings and Purpose. It is hereby ascortainod and reaffirmed doolared that: A. Pursuant to Section 332.08(1), Florida Statutes, and this Ordinance, the Collier County Airport Authority is responsible for the operation of three airports: The Immokalee Regional Airport in Immokalee; the Marco Island, Executive Airport, located Northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades. B. The three County airports are valuable assets that bear upon a viable and diversified economy for the Collier County Community. C. The Board of County Commissioners of Collier County desires to provide for enhanced development and eventual operation of the airports as enterprise operations. D. Chapter 332, Sections 332.001 through 332.12, Florida Statutes ("Airport Law of 1945"), authorizes Collier County to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate county airports and other air navigation facilities, and provides that the exercise of any other power specified therein granted to counties are public, governmental functions exercised for a public purpose and are matters of public necessity. E. Section 332.08(1), Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board, or body of the County by ordinance, which shall prescribe the powers and duties of such officer, board or body. F. The three Collier County owned airports require attention, including short and long range planning, to encourage and foster the development of infrastructure and facilities to be operated for the benefit of citizens and taxpayers in the County. G. The three airports should be developed to promote the welfare of all current and future residents of the County. H. It is the intent of the Board of CountY Commissioners to maintain a Collier County Airport Authority in Collier County with the powers and responsibilities as provided in Section 332.08, Florida Statutes, and pursuant to the governmental powers granted to counties in Chapter 125, Florida Statutes. I. This Airport Authority is consistent with and furthers the County's Comprehensive Plan and provides a focused approach to the provision, development and management of public infrastructure and services at the three Collier County airports, and is one available means for delivery of such facilities and services at the three airports. J. The provisions of this Ordinance shall be liberally construed to effectively carryout its purposes in the interest of the public health, safety, welfare and convenience. This Ordinance shall be construed to be consistent 'l.{ith Chapter 189, Florida Statutes (the "Uniform Special District Accountability Act of 1945"), and Chapter 332, Florida Statutes (the "Florida Airport Act of 1945"); with Chapter 286, Florida Statutes, ('Florida's Government in the Sunshine Law"); and with Chapter 119, Florida Statutes (Florida's Public Records Law), as those statutes may be amended from time-to-time. Underlined text is added; struck through text is deleted 2 8A K. Nothing in this Ordinance ~hall be construed to affect any actions previously taken by Collier County and/or the Collier County Airport Authority, or any agreements previously entered into by Collier County and/or the Airport Authority. L. It is the intent of this Ordinance to grant to the Airport Authority more freedom and autonomy to carry on its day-to-day activities with minimal management from the Board and from the Clerk to the Board, and with the intent to eventually have the authority to become independent by passage of a special act of the Florida Legislature. SECTION THREE. Definitions, As used in this Ordinance, the following words and terms shall have the following meanings unless the context clearly requires otherwise: A. "Airports" means the real property and all improvements owned or leased by Collier County (as tenant) and/or the Collier County Airport Authority (as sub- lessor and/or tenant) for airport activities in Immokalee, Everglades City, and Marco Island, including the properties and improvements designated for industrial development at the Immokalee Airport, and other such property and improvements that may be subsequently acquired by Collier County and/or the Airport Authority by lease, purchase, gift or by any other means. B. "Airport facilities" means airport facilities of all kinds including, but not limited to, landing fields, hangers, shops, restaurants and catering facilities, terminals, buildings, airport industrial parks, parking facilities, and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft; also the handling of mail, express and freight, and the accommodation, convenience and comfort of passengers, together with related transportation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the Authority in connection therewith. C. "Authority" means the Collier County Airport Authority created by Ordinance No. 93-36 and continued by this Ordinance. D. "Board" means the Board of County Commissioners of Collier County, Florida. E. "County" means Collier County, Florida. F. "Improvements" means such replacements, repairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe, efficient and economic operation thereof. G. "Member(s)" means on or more of the persons who comprise the governing body of the Airport Authority. SECTION FOUR, Continuance of Authority; Airport Boundaries. A. The Board, on June 22, 1993, by enactment of Collier County Ordinance No. 93-36, created a seven (7) member body designated as the CoWer County Airport Authority. B. The Authority is a "Political Subdivision" of Collier County as defined in Section 333.01 (9), Florida Statutes. The Authority is also a "Political Subdivision" of Collier County as used in Section 196.199, Florida Statute, regarding ad valorem taxation. Underlined text is added; struck through text is deleted 3 8A . ..... i <:~, C. The Authority is not a "department" under Collier County Ordinance No. 84-44, as amended. Neither the Authority, the Authority's Executive Director, nor other employees of the Authority are under management of the County Administrator Manaqer. D. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapter 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. E. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, B, and C. SECTION FIVE. Governing Body; Membership, Appointment and Terms Of Office A. The governing body of the Authority shall be composed of seven (7) members appointed by the Board. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four (4) year terms. There are no limitations on the number of times that members of the Authority may be re-appointed to the Authority. In the event this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either re-appointed or a successor is appointed by the Board. B. Members of the Authority may be removed with or without cause by a majority vote of the membership of the Board. Vacancies on the Authority shall be filled in the same manner as the original appointment. C. Members of the Authority shall be residents of Collier County and must have business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one (1) member of the Authority appointed from Immokalee, Marco Island, and Everglades City of a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the sate, county or municipality level shall be appointed to, or be a member of, the Authority. D. Effective as of the beginning of each fiscal year (October 1), the Authority shall from its members elect a Chairman, Vice Chairman, and Secretary. The Secretary shall maintain custody and control of the Authority's records. The Authority may delegate the duties of Secretary to the Executive Director of the Authority or designee. E. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. F. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such Underlined text is added; struok through text is deleted 4 manner as required by Chapter 218, F/or/da Statutes, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G. Other Departments of the County, including the office of the County ~ Manaqer, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective Department for the cost of services and materials supplied by that Department to the Authority. SECTION SIX. Compensation of Members. ~ The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as approved by the Board. SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities of the Authority, of the Executive Director, and of Authority's other employees shall not require prior approval from the Board or the County .~.dm!n!str~tor Manager. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subject to prior approval of the Board, to borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any grant. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the County), to provide a margin of Underlined text is added; o,,,,,.u_,~,,,.,,,,-,~, text is deleted 8A safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport_ ,-,,,,,,~,~,,~ *ha + .... ~ e°''~' .... h '"~o"' o~,o~, ,,,.,, ,,,,,.,,,,,~ ,~,,, *~'"n sub-lease where the Authority is the sub-lessor, and ne each grant of any such easement, license or other use agreement, shall be subject to approval of the Board...,"" *~'~.,,v r-.~..~,..,+,, Adm!n!~tr~tor if the term of the sub-lease, license~ easement, use aqreement or other a,qreement or document wilt control use or occupancy of real property for a term ,qreater then five (5) years, includin.q every option to renew or extend the term. ~'~'" ~ .... *'" *he ^,,*~''-'-;* .... , .... + o~,~,~ ~,,.. °' '~';"'"* *" *he .... ""°' '"' *he r. .... ,,, ~,~,-,,;,,;o,,o,n, ,-,, ¢,,,,,., ,~,,, n,-.,,,~ ..... * by · M,M,ujvv~ ~v · ,..~J~.*vv~, v~ · ~.Jv~,,~.,y · ~.A,,,,,,,,.,~,~.v,, v, ,,v,,, ~,~.~ ~,v,..&,,M mn~n~ r~c f~N~ [~[ ~r4~q~f~n~ ~rNrNr~N~ol 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the County pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire employees, including the Executive Director, who shall be employees of the County and shall be subject to..the County's Human Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. 11. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law firm(s) to serve as the Authority's attorney for some or all of the Authority's legal services. 13. To exercise all power and authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand Underlined text is added; o*,, ,,-~--*~,-',,,,',~, text is deleted 6 8A therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. SECTION EIGHT. Annual Workshop; Budget and ~ Reports_. A. The Authority shall schedule and conduct one (1) workshop with the Board prior to submission of the Authorit¥'s tentative annual budqet request. For each fiscal year the Authority shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County A~mm~tm-te~ Manacier for Board review and adoption on or before May 1, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year Strategic Business Plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously irnplement the Authority's five-year master plan. B. By March 15th of each year, the Authority shall submit to the Board an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit. (C). For the December, March, June and September calendar quarters of each year, the Authority, not later than forty-five (45) days following the end of each quarter, shall deliver to the Board a quarterly financial report includinq the status of grants and income from sub-leases, licenses, and other revenue producing items. SECTION NINE. Administrative Code. A. The Authority shall adopt an Administrative Code that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The Administrative Code and amendments thereto are not subject to approval of the Board or of the County Adm!nlstmtor Mana.qer. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by special act of the Legislature. Underlined text is added; o* .... ~'-*~'"""-~' text is deleted 7 SECTION TEN. Executive Director. A. The Authority shall have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subiect to (i) the Board approving each search for an Executive Director, (ii) the Board approving the individual recommended to the Board for employment as Executive Director, and (iii) the Board approving the proposed employment agreement. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction of the Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shall: 1. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority of the Board. 3. Implement all lawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment Agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION ELEVEN. Non-Interference. A~. Members of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. Underlined text is added; o* .... ~--*~,,,-,,,-,~, ............. u., text is deleted 8 SECTION TWELVE. Transfer of Property and Personnel. A. The County has leased to the Authority for the consideration of ten dollars ($10.00) all three Collier County airports and all real property improvements thereon owned by the County. Subject to passage of a special act of the Legislature authorizing same, the Board may convey the fee title to each of the three airports to the Authority. Each such conveyance shall be subject to existing applicable airport use and reversionary clauses in the chain of title, and be subject to paragraph C of SECTION THIRTEEN, below. B. The County has conveyed to the Authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the management, direction or control of the Board. All funds received by the Authority from sale of durable assets purchased by the Authority with funds from the County's General Fund shall be refunded by the Authority to the County's General Fund. C. Any County employees transferred to the Authority shall remain County employees and be subject to the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION THIRTEEN. Merger; Dissolution. A. There shall be no merger involving the Authority and any other unit of government without prior approval of the Board. B. The charter of the Authority may b e revoked and the Authority unilaterally dissolved by an Ordinance adopted by the Board. Such action by the Board dissolving the Authority shall occur subject to (a) the legal rights of bondholders, the Executive Director, and all employees of the Authority, and (b) a dissolution plan adopted by the Board. C. Dissolution of the Authority shall automatically transfer to the County all right, title and interests to all real and personal property deeded, leased, assigned to or otherwise conveyed by every means whatsoever to the Authority along with all other property and interests in property otherwise acquired by the Authority. Dissolution shall be subject to all contracts, other obligations and indebtedness of the Authority. SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted by the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): 1. The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island .Executive Airport, adopted by the Authority as revised on February 11,2002 (17. pages). 2. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Immokalee Regional Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). Underlined text is added; st~,ek-t, hreu¢~ text is deleted 9 3. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Everglades Airpark, adopted by the Authority as revised on February 11,2002 (17 pages). 4. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). 5. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 11, 2002 (42 pages). 6. The Collier County Airport Authority Leasing Policy adopted by the Airport as revised on February 11,2002, (19 pages). B. ~ Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four (4) weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. C_.~. ~ Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airpod, or to move his/her person to some other part of the airport, or who is then committing any violation of any such Rule or Regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which authority to arrest without a warrant is authorized by subsection 901.15(1 ), Florida Statutes. SECTION FIFTEEN. Trespass: Anywhere at Airport; Secured Areas. A. It shall be a separate violation of this Ordinance for any individual to refuse to immediately and completely obey an oral order (instruction) to leave the airport, or to move his/her person to some other area of the airport, if the order (instruction) is personally communicated to the individual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction. B. It is a separate violation of this Ordinance for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this Ordinance shall subject each such trespassing individual(s) to arrest by a law enforcement officer without a warrant, on or off of the airport, as specified in subsection 901.15(15), Florida Statutes. The Collier County Airport Authority is hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this Ordinance irrespective of application of any Airport Authority Rule or Regulation. Underlined text is added; o*,, ,,,u_,~,,,-,, ,,-,~, ............. ~,, text is deleted l0 SECTION SIXTEEN. Concealed Weapons; Concealed Firearms. Any individual not then authorized by applicable law to carry a concealed firearm or a concealed weapon into the passenger terminal of the airport, or into any sterile area of any Collier County Airport shall thereby violate this Ordinance and shall violate Subsection 790.06(12), Florida Statutes. The specified penalty for such violation is not less than a misdemeanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that Statute as "the area of the airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs." However, provided such action or possession is not then prohibited by federal law, rule or regulation, that statutory provision does not prevent an individual from carrying any legal firearm into the airport terminal provided each such firearm is then encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on an aircraft. No such "firearm or weapon" violation is a violation of this Ordinance because this field of regulation is wholly preempted to the State of Florida by application of Section 790.33, Florida Statutes. SECTION SEVENTEEN, Penalties; Referrals Within Collier County Government. A. General Penalties; Continuing Violations. In this Ordinance the phase "violation of this ordinance" means any of the following: 1. Doing an act that is prohibited or made or declared unlawful, or an offense, or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County ordinance. 2. Failure to perform an act that is required to be performed by any Collier County Ordinance, or by Rule or Regulation authorized by any Collier County Ordinance, 3. Failure to perform any act if the failure is declared a misdemeanor or an offense, or otherwise unlawful or a violation by any Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance. B. In this Ordinance, the phrase "violation of this ordinance" does not include the failure of a Collier County officer or a Collier County employee, or any officer or any employee of the Collier County Airport Authority, to perform a duty or responsibility. C. Except as may otherwise be specifically provided with regard to the specific rule or regulation, an individual or entity convicted of a violation of any such rule or regulation, or of an independent violation of this Ordinance, may be punished by a fine not to exceed five hundred dollars ($500), and if the violator is an individual, by imprisonment in the County Jail for a term not to exceed sixty (60) days, or, if the violator is an individual, by both such fine and imprisonment. With respect to any violation of this Ordinance that is continuous with respect to time, each day the violation continues may be held by the respective forum (trier of fact) to be a separate offense or separate violation. D. Imposition of a felony penalty, or any misdemeanor penalty,~ or any civil penalty, does not prevent or affect possible revocation or suspension of a license, permit, contract or franchise, or affect imposition of any other civil penalties, or affect imposition of any other administrative fines, action(s) or penalties by any enforcement forum whatsoever. E. Violations of any such rule or regulation, and/or any independent violation(s) of this Ordinance, may be abated by injunctive or other equitable relief, and no bond shall be required from the County or from the Authority; Nor is Underlined text is added; o* .... ~--*~, ..... ~' text is deleted 11 8/1 proof of intent or scienter required by this Ordinance. No imposition of any fine or any other penalty shall prevent any equitable relief whatsoever. F. Every alleged violation(s) of any of such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, for investigation and enforcement by any Collier County Code Enforcement Board, or with respect to any vehicle for hire, to the Collier County Public Vehicle Advisory Committee. All penalties then available to the referred to Board, Committee, or department may be applied to each respective violators). SECTION EIGHTEEN. Referral for Investigation or Enforcement to Outside Law Enforcement Agencies. A. Any suspected violation(s) of any of any such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, to any appropriate outside law enforcement department, entity, or agency, for investigation and/or enforcement as a misdemeanor of the second degree as then punishable as such punishment is provided for in Section 775.082 or in Section 775.083, Florida Statutes. B. Any officer or other employee of the Airport authority who suspects that a violation of any such rule or regulation is occurring or is being committed, the officer or employee is authorized to immediately notify the Collier County Sheriff's Department, Office, or substation, if in that officer's or employee's judgment an arrest or forcible restraint may be an appropriate response to the situation. C. The Executive Director, and/or the Airport Authority, and/or the Airport Manager of the respective airport (or such Airport Manager's designee) may refer for investigation and enforcement any suspected violation of this Ordinance and/or any Airport Authority rule and/or regulation that may be a violation of any law, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, which may include the Federal Government or any agency or sub-part thereof. Also, such referral need not appear to be a violation of any Airport Authority rule or regulation or of any Collier County Ordinance. SECTION NINETEEN. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION TWENTY, Repeal of Ordinances. This Ordinance repeals and supersedes Collier County Ordinances numbered 90-29, and repeals and supersedes Ordinance No 95-67 as amended by Ordinances numbered 99-10 and 2002-28. SECTION TWENTY-ONE. Inclusion into the Code of Laws~ and Ordinances. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; o* .... ~._,kr,-,, ,,.,k ............. u,, text is deleted 12 this SECTION TWENTY-TWO. Effective Date. This Ordinance shall be effectively upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Chairman Approved as to form and legal sufficiency: ,~ Thoma~l C. Pal~er,'' Assistant County Attorney 13 January 9, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE Dear Georgia: Please advertise the above referenced notice on Friday, January 16, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 001-100510-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 27, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; AMENDING POWERS, FUNCTIONS AND DUTIES OF THE BOARD AND THE AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPORTING REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL, AFFIRMING ALL OTHER PROVISIONS; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NOS. 90-29, 95- 67, 99-10 AND 2002-28; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jenneiohn To: Subject: Georgia (E-mail) AIRPORT AUTHORITY ORDINANCE Georgia, Please advertise the attached on Friday, january 16, 2004. Thank you, Ann Minute & Records COLLIER COUNTY COLLIER COUNTY [IPORT AUTHOR1T.. ~IRPORT AUTHORI.. Ann P. Jenneiohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, January 09, 2004 4:08 PM Ann P. Jennejohn Delivered: AIRPORT AUTHORITY ORDINANCE AIRPORT /HORTTY ORDINAN <<AIRPORT AUTHORITY ORDINANCE>> Your message To: Georgia (E-mail) Subject: AIRPORT AUTHORITY ORDINANCE Sent: Fri, 9 Jan 2004 16:19:24 -0500 was delivered to the following recipient(s): legals on Fri, 9 Jan 2004 16:07:33 -0500 Ann P. Jenneiohn From: Sent: To: Subject: postmaster@clerk.collier.fl .us Friday, January 09, 2004 4:19 PM Ann P. Jennejohn Delivery Status Notification (Relay) A/T492615.txt AIRPORT THORrTY ORDINAN This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com AIRPORT AUTHORITY ORDINANCE Ann P. Jennejohn ~,~a e 1 ofl From: legals [legals@naplesnews.com] Sent: Friday, January 09, 2004 4:20 PM To: Ann P. Jennejohn Subject: RE: AIRPORT AUTHORITY ORDINANCE rcvd to run jan 16 thanks georgia ..... Original Message ..... From: Ann P. Jennejohn [mailto:Ann..lennejohn@¢lerk.collier.fl.us] ~ent: Friday, January 09, 2004 4:19 PM To: Georgia (E-mail) Subject-' AIRPORT AUTHORITY ORDINANCE Georgia, Please advertise the attached on Friday, January 16, 2004. Thank you, Ann Minute & Records <<OOLLIER COUNTY AIPORT AUTHORIT¥ ORD.doc>> < <OOLI_IER OOUNT¥ AIRPORT AUTHORITY ORD. dot>> 1/9/2004 Naple~ Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COITNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58786072 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/16 AD SPACE: 134.000 INCH FILED ON: 01/16/04 .......................... Signature of Affiant Sworn to and Subscribed before me this day o Personally known by me ~"*~ ~'%~'~: 3u~ 2{ 2007 '*'~* ~*';'i ; t~ 80NDEO THgu T~OY FAIN INSURANCE JNC NOTICE OjE -- Notice Is hereby given that on TOesday, Janu- ary ~ 2~004~ .in the 1~ga.~r~.om'_, 3fa FlOor, .... ~Oiller ~ ~overn- ~ C~er, 33ol E~t T~a~l Tr~l, Nagles~ Florida, the aoard or County Com;Jl.l~ers wlll.;oqslder me en~- ~. ~ ~ng wltl cg~ce at 9:~ A.M. The title of the pro- Ordinance Is as will ~.M. Persons wishing to posed fao~ have written or graphic materials InCluded follows: ° the'Board agenda pack, ets must submit said THE COLLIER COUNTY material a mlnlnmm of 3 AIRPORT AUTHORITY weeks prior to the re- ORDINANCE; AMENDING spectlve public, hearing. POWERS. FUNCTIONS In any case wr~en ma- AND DUTIES OF THE terlals ntended to be BOARD AND THE AU- conJfldered by the Board THORITY; AMENDING shall be submitted to THE AUTHORITY,$ BUD- the approPrl&te Cgunty GET AND REPORTING RE- staff a minimum CT sev- QUIREMENTS; AMEND- en days prior to the MENTS REGARDING EM- public hearing. All ma- PLOYMENT OF THE EX- ;erlal used In presenta- ECUTIVE DIRECTOR; Uons before the Board AMENDMENTS REGARD- Will become e perma- lNG TRANSFER OF AIR- nent part ofthe recOrd. PORTS, REAL AND PER- SONAL PROPERTY, SYS- Any person who decld- P~I~ING of the Board will need ALL OTHER PROVISIONS record of the proceed- REPEALING AND SUPER. Ingspertainlng thereto SEDING COLLIER COUN. and therefore, may need l TY ORDINANCE NOS, 90. to ensure that a verba- 29, 95-67, 99-10 AND tim record of the pro-I 2002.28; PROVIDING FOR ceedlngs is made, whichI CONFLICT AND SEVERA- record jncludes the tes-I BILITY; PROVIDING FOR timony and evidence' INCLUSION IN THE CODE upon which the appeal OF LAWS AND ORDI- isbased. NANCES; PROVIDING AN EFFECTIVE DATE. BOA*RD OF COUNTY C . · . COMMISSIONERS op;es of the proposed I C O L L I E R C O U N T Y, Ordinance are on filel FLORIDA with the Clerk to the Board and are avallab e~ TOM HENN NG, CHAIR- for. I.nspactlon. All Inter-| MAN .este. a parties are Invited/ to azzend and be heard. | DWIGHT E. BROCK.. CLERK .i · NOTE: All persons wish-I . . [n_g t.o ..speak on anyr By:/s/AnnJennejonn ,~genq.a lt..em _must regis. Deputy Clerk £er wire the county ed. mlnlstratororlor to pre- (SEAL) .... sentatlon of the-agenda Jan. 16 No. item to be addressed. Individual speakers w I be tlmlted to 5 minutes .o.n any. Item. The selec- uon or an Individual to speak on behalf of an organization or group Is encouraged. If'recog- nized by the Chairman, a spokesperson for a groupor organization may be allotted 10 mln-. ........... utes to speak on an item. COLLIER COUNTY ORDINANCE NO. 2004- THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; AMENDING POWERS, FUNCTIONS AND DUTIES OF THE BOARD AND THE AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPORTING REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL; AFFIRMING ALL OTHER PROVISIONS; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NOS. 90-29, 95-67, 99- 10 AND 2002-28; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, subsection TWELVE (B) of this Ordinance is being amended to require that all funds realized by the Authority from sale of durable assets purchased by the Authority with County General Fund money shall be returned by the Authority to the County's General Fund; and WHEREAS, subsection SEVEN (C)(5) in this Ordinance is being amended to specify that all of the Authority's grant awards are subject to final approval from the Board of County Commissioners; and WHEREAS, subsection EIGHT (A) in this Ordinance is being amended to require that each year the Authority shall schedule and conduct at least one (1) workshop with the Board prior to submission of the Authority's tentative annual budget request to the County Manager; and that each budget request must contain an update of the Authority's five-year Strategic Business Plan; and WHEREAS, this Ordinance amends subsection SEVEN (C)(7) to require that all leases, sub-leases, easements, licenses, use agreements and any other agreement or document entered into by, or issued or granted by or to the Authority that will control use of the County's real property for a term greater then five (5) years must be ratified by the Board before each such document becomes effective; and WHEREAS, subsection EIGHT (C) is being added to this Ordinance to require that the Authority shall provide the Board with quarterly financial reports, including the financial status of grants and income from real property sub-leases and real property licenses; and WHEREAS, subsection TEN (A) in this Ordinance is being amended to specify that the Board must authorize each search for an Airport Authority Executive Director, must approve the applicant recommended to the Board for employment by the Authority, and the Board must approve the recommended applicant's employment agreement; and= WHEREAS, Section TWENTY in this Ordinance specifies that this Ordinance repeals and supersedes Collier County Ordinance No. 90-29, and OrdinanCe No. 95-67 as amended by Ordinance Nos. 99-10 and 20O2-28. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Airport Authority Ordinance." Underlined text is added; o+ .... ~'-~-'"' ,'~' text is deleted SECTION 'rwo: Findings and Purpose. It is hereby ==cc,"t,=!,qcd =nd reaffirmed deelamd that: A. Pursuant to Section 332.08(1), Florida Statutes, and this Ordinance, the Collier County Airport Authority is responsible for the operation of three airports: The Immokalee Regional Airport in Immokalee; the Marco Island Executive Airport, located Northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades. B. The three County airports are valuable assets that bear upon a viable and diversified economy for the Collier County Community. C. The Board of County Commissioners of Collier County desires to provide for enhanced development and eventual operation of the airports as enterprise operations. D. Chapter 332, Sections 332.001 through 332.12, Florida Statutes ("Airport Law of 1945"), authorizes Collier County to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate county airports and other air navigation facilities, and provides that the exercise of any other power specified therein granted to counties are public, governmental functions exercised for a public purpose and are matters of public necessity. E. Section 332.08(1), Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board, or body of the County by ordinance, which shall prescribe the powers and duties of such officer, board or body. F. The three Collier County owned airports require attention, including short and long range planning, to encourage and foster the development of infrastructure and facilities to be operated for the benefit of citizens and taxpayers in the County. G. The three airports should be developed to promote the welfare of all current and future residents of the County. H. It is the intent of the Board of County Commissioners to maintain a Collier County Airport Authority in Collier County with the powers and responsibilities as provided in Section 332.08, Florida Statutes, and pursuant to the governmental powers granted to counties in Chapter 125, Florida Statutes. I. This Airport Authority is consistent with and furthers the County's Comprehensive Plan and provides a focused approach to the provision, development and management of public infrastructure and services at the three Collier County airports, and is one available means for delivery of such facilities and services at the three airports. J. The provisions of this Ordinance shall be liberally construed to effectively carryout its purposes in the interest of the public health, safety, welfare and convenience. This Ordinance shall be construed to be consistent with Chapter 189, Florida Statutes (the "Uniform Special District Accountability Act of 1945"), and Chapter 332, Florida Statutes (the "Florida Airport Act of 1945"); with Chapter 286, Florida Statutes, ('Florida's Government in the Sunshine Law"); and with Chapter 119, Florida Statutes (Florida's Public Records Law), as those statutes may be amended from time-to-time. Underlined text is added; s~m,k.4hceugh text is deleted K. Nothing in this Ordinance shall be construed to affect any actions previously taken by Collier County and/or the Collier County Airport Authority, or any agreements previously entered into by Collier County and/or the Airport Authority. L. It is the intent of this Ordinance to grant to the Airport Authority more freedom and autonomy to carry on its day-to-day activities with minimal management from the Board and from the Clerk to the Board, and with the intent to eventually have the authority to become independent by passage of a special act of the Florida Legislature. SECTION THREE. Definitions. As used in this Ordinance, the following words and terms shall have the following meanings unless the context clearly requires otherwise: A. "Airports" means the real property and all improvements owned or leased by Collier County (as tenant) and/or the Collier County Airport Authority (as sub- lessor and/or tenant) for airport activities in Immokalee, Everglades City, and Marco Island, including the properties and improvements designated for industrial development at the Immokalee Airport, and other such property and improvements that may be subsequently acquired by Collier County and/or the Airport Authority by lease, pumhase, gift or by any other means. B. "Airport facilities" means airport facilities of all kinds including, but not limited to, landing fields, hangers, shops, restaurants and catering facilities, terminals, buildings, airport industrial parks, parking facilities, and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft; also the handling of mail, express and freight, and the accommodation, convenience and comfort of passengers, together with related transportation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the Authority in connection therewith. C. "Authority" means the Collier County Airport Authority created by Ordinance No. 93-36 and continued by this Ordinance. D. "Board" means the Board of County Commissioners of Collier County, Florida. E. "County" means Collier County, Florida. F. "Improvements" means such replacements, repairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe, efficient and economic operation thereof. G. "Member(s)" means on or more of the persons who comprise the governing body of the Airport Authority. SECTION FOUR. Continuance of Authority; Airport Boundaries. A. The Board, on June 22, 1993, by enactment of Collier County Ordinance No. 93-36, created a seven (7) member body designated as the Collier County Airport Authority. B. The Authority is a "Political Subdivision" of Collier County as defined in Section 333.01 (9), Florida Statutes. The Authority is also a "Political Subdivision" of Collier County as used in Section 196.199, Florida Statute, regarding ad valorem taxation. Underlined text is added; -* .... ~._,~,.,-.,,,-,h ............. u,, text is deleted 3 C. The Authority is not a "department" under Collier County Ordinance No. 84-44, as amended. Neither the Authority, the Authority's Executive Director, nor other employees of the Authority are under management of the County ~ Manager. D. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapter 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. E. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, B, and C. SECTION FIVE. Governing Body; Membership, Appointment and Terms Of Office A. The governing body of the Authority shall be composed of seven (7) members appointed by the Board. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four (4) year terms. There are no limitations on the number of times that members of the Authority may be re-appointed to the Authority. In the event this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either re-appointed or a successor is appointed by the Board. B. Members of the Authority may be removed with or without cause by a majority vote of the membership of the Board. Vacancies on the Authority shall be filled in the same manner as the original appointment. C. Members of the Authority shall be residents of Collier County and must have business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one (1) member of the Authority appointed from Immokalee, Marco Island, and Everglades City of a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the sate, county or municipality level shall be appointed to, or be a member of, the Authority. D. Effective as of the beginning of each fiscal year (October 1), the Authority shall from its members elect a Chairman, Vice Chairman, and Secretary. The Secretary shall maintain custody and control of the Authority's records. The Authority may delegate the duties of Secretary to the Executive Director of the Authority or designee. E. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. F. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such Underlined text is added; -* .... ~--*~, ..... ~, ............. ~,. text is deleted manner as required by Chapter 218, F/or/da Statutes, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G. Other Departments of the County, including the office of the County ^dm!nlstmtor Manaqer, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective Department for the cost of services and materials supplied by that Department to the Authority. SECTION SIX. Compensation of Members. A=. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as approved by the Board. SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities of the Authority, of the Executive Director, and of Authority's other employees shall not require prior approval from the Board or the County ~ Manager. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subject to prior approval of the Board, to borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any grant. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the County), to provide a margin of Underlined text is added; o*,,,'-~--*h ..... ~ ............. ~,, text is deleted 5 safety over and above the total amount of such payments, and to comply with covenants to bondholders. Aisc to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport: ~. ........................ ~ ............................ '-~'-"+~,,'- t~rm '''~ '~'~ "-'~o-' ,"' *~"- ~.",','* ~-,-.,"' *~,,. ':',',~,.,~ *,-. th~ a, ,,~,,.,.~+,, ~,'"' Each sub-lease where the Authority is the sub-lessor, and P,e each grant of any such easement, license or other use agreement, shall be subject to approval of the Board...,'"- *~"-., ,v r....v_,,.~,,,, ,^~'"';";°*'"*"",,..,,,,,,,.,,,,..,.., if the term of the sub-lease, license, easement, use agreement or other aqreement or document will control use or occupancy of real property for a term greater then five (5) years, including every option to renew or extend the term. No I .... *"' +nc ^,,*~',',-;* .... * .... * s~'a'~ bo ,,,~,[~ ~. ~,,~ ~.~,] ~,~.~, ~,~. 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the County pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire employees, including the Executive Director, who shall be employees of the County and shall be subject to the County's Human Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. 11. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law firm(s) to serve as the Authority's attorney for some or all of the Authority's legal services. 13. To exercise all power and authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand Underlined text is added; -+ .... ~--*~. ..... ~, ............. ~,, text is deleted 6 therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. SECTION EIGHT. Annual Workshop; Budget and Aru:u~al Reports_ A. The Authority shall schedule and conduct one (1) workshop with the Board prior to submission of the Authority's tentative annual budget request. For each fiscal year the Authority shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County A(trr~s~ate~ Manager for Board review and adoption on or before May 1, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year Strategic Business Plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan. B. By March 15th of each year, the Authority shall submit to the Board an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit. (C). For the December, March, June and September calendar quarters of each year, the Authority, not later than forty-five (45) days following the end of each quarter, shall deliver to the Board a quarterly financial report including the status of grants and income from sub-leases, licenses, and other revenue producinq items. SECTION NINE. Administrative Code. A. The Authority shall adopt an Administrative Code that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The Administrative Code and amendments thereto are not subject to approval of the Board or of the County A(tmic~a~te¢ Manaqer. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by special act of the Legislature. Underlined text is added; °* .... ~--*~, ..... ~, ............. u.. text is deleted 7 SECTION TEN. Executive Director. A. The Authority shall have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subject to (i) the Board approvin.q each search for an Executive Director, (ii) the Board approving the individual recommended to the Board for employment as Executive Director, and (iii) the Board approving the proposed employment agreement. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction of the Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shall: 1. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority of the Board. 3. Implement all lawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment Agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION ELEVEN. Non-Interference. A-=. Members of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. Underlined text is added; °* ............. ~,,, text is deleted SECTION TWELVE. Transfer of Property and Personnel. A. The County has leased to the Authority for the consideration of ten dollars ($10.00) all three Collier County airports and all real property improvements thereon owned by the County. Subject to passage of a special act of the Legislature authorizing same, the Board may convey the fee title to each of the three airports to the Authority. Each such conveyance shall be subject to existing applicable airport use and reversionary clauses in the chain of title, and be subject to paragraph C of SECTION THIRTEEN, below. B. The County has conveyed to the Authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the management, direction or control of the Board. All funds received by the Authority from sale of durable assets purchased by the Authority with funds from the County's General Fund shall be refunded by the Authority to the County's General Fund. C. Any County employees transferred to the Authority shall remain County employees and be subject to the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION THIRTEEN. Merger; Dissolution. A. There shall be no merger involving the Authority and any other unit of government without prior approval of the Board. B. The charter of the Authority may b e revoked and the Authority unilaterally dissolved by an Ordinance adopted by the Board. Such action by the Board dissolving the Authority shall occur subject to (a) the legal rights of bondholders, the Executive Director, and all employees of the Authority, and (b) a dissolution plan adopted by the Board. C. Dissolution of the Authority shall automatically transfer to the County all right, title and interests to all real and personal property deeded, leased, assigned to or otherwise conveyed by every means whatsoever to the Authority along with all other property and interests in property otherwise acquired by the Authority. Dissolution shall be subject to all contracts, other obligations and indebtedness of the Authority. SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted by the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): 1. The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). 2. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Immokalee Regional Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). Underlined text is added; o* .... ~--*~, ..... ~' text is deleted 9 3. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Everglades Airpark, adopted by the Authority as revised on February 11,2002 (17 pages). 4. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). 5. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 11,2002 (42 pages). 6. The Collier County Airport Authority Leasing Policy adopted by the Airport as revised on February 11,2002, (19 pages). B. /r-~ Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four (4) weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. C. /r~ Every violation of any such Board adopted Rule and/or Regulation ~ ~.~!' shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of any such Rule or Regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which authority to arrest without a warrant is authorized by subsection 901.15(1), Florida Statutes. SECTION FIFTEEN. Trespass: Anywhere at Airport; Secured Areas. A. It shall be a separate violation of this Ordinance for any individual to refuse to immediately and completely obey an oral order (instruction) to leave the airport, or to move his/her person to some other area of the airport, if the order (instruction) is personally communicated to the individual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction. B. It is a separate violation of this Ordinance for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this Ordinance shall subject each such trespassing individual(s) to arrest by a law enforcement officer without a warrant, on or off of the airport, as specified in subsection 901.15(15), Florida Statutes. The Collier County Airport Authority is hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this Ordinance irrespective of application of any Airport Authority Rule or Regulation. Underlined text is added; 6, .... ~,_,~, ..... ~, ............. ~.. text is deleted 10 SECTION SIXTEEN. Concealed Weapons; Concealed Firearms. Any individual not then authorized by applicable law to carry a concealed firearm or a concealed weapon into the passenger terminal of the airport, or into any sterile area of any Collier County Airport shall thereby violate this Ordinance and shall violate Subsection 790.06(12), Florida Statutes. The specified penalty for such violation is not less than a misdemeanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that Statute as "the area of the airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs." However, provided such action or possession is not then prohibited by federal law, rule or regulation, that statutory provision does not prevent an individual from carrying any legal firearm into the airport terminal provided each such firearm is then encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on an aircraft. No such "firearm or weapon" violation is a violation of this Ordinance because this field of regulation is wholly preempted to the State of Florida by application of Section 790.33, Florida Statutes. SECTION SEVENTEEN. Penalties; Referrals Within Collier County Government. A. General Penalties; Continuing Violations. In this Ordinance the phase "violation of this ordinance" means any of the following: 1. Doing an act that is prohibited or made or declared unlawful, or an offense, or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County ordinance. 2. Failure to perform an act that is required to be performed by any Collier County Ordinance, or by Rule or Regulation authorized by any Collier County Ordinance. 3. Failure to perform any act if the failure is declared a misdemeanor or an offense, or otherwise unlawful or a violation by any Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance. B. In this Ordinance, the phrase "violation of this ordinance" does not include the failure of a Collier County officer or a Collier County employee, or any officer or any employee of the Collier County Airport Authority, to perform a duty or responsibility. C. Except as may otherwise be specifically provided with regard to the specific rule or regulation, an individual or entity convicted of a violation of any such rule or regulation, or of an independent violation of this Ordinance, may be punished by a fine not to exceed five hundred dollars ($500), and if the violator is an individual, by imprisonment in the County Jail for a term not to exceed sixty (60) days, or, if the violator is an individual, by both such fine and imprisonment. With respect to any violation of this Ordinance that is continuous with respect to time, each day the violation continues may be held by the respective forum (trier of fact) to be a separate offense or separate violation. D. Imposition of a felony penalty, or any misdemeanor penalty, or any civil penalty, does not prevent or affect possible revocation or suspension of a license, permit, contract or franchise, or affect imposition of any other civil penalties, or affect imposition of any other administrative fines, action(s) or penalties by any enforcement forum whatsoever. E. Violations of any such rule or regulation, and/or any independent violation(s) of this Ordinance, may be abated by injunctive or other equitable relief, and no bond shall be required from the County or from the Authority; Nor is Underlined text is added; struc~-thrcugh text is deleted 11 proof of intent or scienter required by this Ordinance. No imposition of any fine or any other penalty shall prevent any equitable relief whatsoever. F. Every alleged violation(s) of any of such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, for investigation and enforcement by any Collier County Code Enforcement Board, or with respect to any vehicle for hire, to the Collier County Public Vehicle Advisory Committee. All penalties then available to the referred to Board, Committee, or department may be applied to each respective violators). SECTION EIGHTEEN. Referral for Investigation or Enforcement to Outside Law Enforcement Agencies. A. Any suspected violation(s) of any of any such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, to any appropriate outside law enforcement department, entity, or agency, for investigation and/or enforcement as a misdemeanor of the second degree as then punishable as such punishment is provided for in Section 775.082 or in Section 775.083, Florida Statutes. B. Any officer or other employee of the Airport authority who suspects that a violation of any such rule or regulation is occurring or is being committed, the officer or employee is authorized to immediately notify the Collier County Sheriff's Department, Office, or substation, if in that officer's or employee's judgment an arrest or forcible restraint may be an appropriate response to the situation. C. The Executive Director, and/or the Airport Authority, and/or the Airport Manager of the respective airport (or such Airport Manager's designee) may refer for investigation and enforcement any suspected violation of this Ordinance and/or any Airport Authority rule and/or regulation that may be a violation of any law, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, which may include the Federal Government or any agency or sub-part thereof. Also, such referral need not appear to be a violation of any Airport Authority rule or regulation or of any Collier County Ordinance. SECTION NINETEEN. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION TWENTY. Repeal of Ordinances. This Ordinance repeals and supersedes Collier County Ordinances numbered 90-29, and repeals and supersedes Ordinance No 95-67 as amended by Ordinances numbered 99-10 and 2002-28. SECTION TWENTY-ONE. Inclusion into the Code of Laws and Ordinances. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; o* .... u_,~, ..... ~, ............. ~,, text is deleted 12 SECTION TWENTY-TWO. Effective Date. This Ordinance shall be effectively upon filing with the Department of State. PASSED AND D~LY ADOPTED this DW, LGBTi E:'BR~CK, Clerk '~:~9nature ~17. Approved as to form and legal sufficiency: Assistant County Attornoy by the Board of County Commissioners . 2004. BOARD OF COUNTY COMMISSIONERS O;y ~O LLI~;O U NTA,.//,~Y' ~,~ Donr{a Fiala, Chairman 13 xl . [ .... , "A" Page ! of 2 Legal Descr lp'tion That certain Parcel of land Il'lng and being part o( Section 26 and 35, TOwnship $1 SOuth, Range 26 East, Collie~ County, Plorlda, being more particularly described as Commence.at the Hot e 88'44,06,,W al~- __th asr corner , ~eet, ~,,~ the Ho o~ Said S .. ~-.~e O: 1230,00 y._~u North Sec~(~.' ,~ d~Stance o~ zees; ,vu ~eet, ' v zeet; t~ . t~ence S?8'00'00',,.,thence S~l'~8'16,,W e~ge ~S0,00 Eeet) thence STB~OO'00"w a vv ~eet; thence ~stance o~ 17S,00 ~eet~ thence Hl~'OO,o0.w a distance o~ ~eet~ thence N5~'11,55,,~ a distance of 188,~8 feet; thence .t..{. ~l~'00~00,W a distance o~ 3S60,00 ~eet) thence distance o~ ~50,00 ~eet~ thence ~l~'00'O0,,w a 6iStance o~ !!10,O0 .~. '.~. . eet) thence H77'59,56.S a d~Stan~e o~ 350,00 ~eet~ thence . ~l~'00'O0.w a'SlStance o~ ~0,00 '~eet) thence ~78~00'05 ~ a ,v... distance o~ 150,00 to 'the Point o~ Deginning, . ContAinin~ 66,39 acre~, more or less, ~;', ' ~XHIBIT "A" , RAGE 1 OF 2 £X~.... "A" P~ge ~ of ~ EXHIBIT A PAGE 2' OF 2 · 4. 'I I EXHIBIT B Page I of 2 PROPERTY DESCRIPTION COHNENCING AT THE NORTHWEST CORHER Of SECTION Z~ TOVHSHZP &? SOUTH, VAT ~INE.OF STATE ROUTE 846 TO A 3. ~ 19~ 1S! tS" S~ 669.6S /[ET TO A POINT/ AIRPORT ROAD TO POINT) $. N ~ ?01 05' V~ ~S9.$$ FEET TQ A 7. N l&' ?]t 08, E~ ?08.0'? FEET ALONG TN[ EASTERLy LINE OF EEAGOARD COAST LINE RAILROAD TO A CONCRETE HONUNENT] SEABOARD COAST LINE RAILROAD TO A CONCREI! HONU~ENT/ 9. S ~?' 48' S~" S; 1;636.03 fSST TO A CONCRETE HONU~ENT/ 10. S 87' 06* ((" S# $~316.S9 FSST TO A CONCRETE 12. S ?. (1' 15" V, 1~3S0.(7 FEE! TO A CONCRETE 13. S ~' 46* 07' V~ ?,6(7.68 IE[F TO A POINT) 1(. N 86' S1' $0" Vp I~3Z$.39 FEET TO A POINT] 15. N 87° AO' 03~ V~ 1~98~.E0 fEET TO A POINT/ . 16. S 3' 37' 11"'V, 66S.71 FEET TO A POINT/ 17. N 87' (8')7" V; 686.S( FEE! TO A POINT/ 18. S 3' 15' 13".V, 1;334.67 FEET TO A POINT; 19. # 88° 03' 00" V~ 1~348.S9 FEET TO A .~.~i. Zlb. S 3' 31' $6' V~ 670.32 FEET TOJ~ 21. S ~' 18' 07" W; 1~337,?( FEET TO A 27. N 88' I?~ 37" V, 666.68 FEET TO A POINT/ 23'~ $ 1' $4~ 11" V, 1~339.06 FEEt TO A POINT/ N 680 ~40 S1" V; 6S?.41 FEET ALONG THE NORTHERLy RIGIIT'OF-VAY ,.OF STATS ROUTE 8~6 TO THE POINT OF BEOINNINGf CONTAINING 1;396,9 AGREE; ~ORE OR LEES. EXHIBIT B PAGE ! OF 2 l--l--- EXHIBIT B Page 2 of 2 ; I :ll l I t , l lllf ill I EXHIBIT B PAGE 2 OF 2 · PAGE I of 2 DEED DESCRIPTIONS FOR I:\'£F, CL^DES A1RPORT AIRPORT A portion of tracts J,P,O, and Q, Town of Everglades a:~ recorded in Plat Book 1, ;~t Pages 92, 93, and 94, in the Public Records of Collier County, FloL'ida more particularly described as follows: A parcel of land lying southwesterly of a line 250~00 feeC northeasterly and parallel of the center line of the Everglades Airport runway and its extension from Chokolos~ee Bay to Barren River, to Chokoloskee Bay on the southwest, said centLr line described as follows: Commencing at the N.E. corner of the N.W. ~ of the N.W.¼ of Sectio, 23, Township 53 South, Range 29 East, Tallahassee Meridian ~own of Everglades (now City) Collier Count), Florida. 'Thence S 89s 59' 20" W along north line of the N.W. ~ of N.W.~ of said Section 23, 9~4.$1 ~e,~t to a point on the said center llne of runway~ . ~hence Sbu~ 27' 02" E along said cen~ar line 1145.14. feet to an iron pipe marking the shoreline of Chokoloskee. Bay and being "The Point of Beginning" thence N 30~ 2?' 02" W .i.~a~ong said center line and its extensions 2658.31 feet to an iron pipe marking ~he shorelire of Barren River,.end of center line descrip:ion; excep: the east 105 feet more or less of the s~id N.W. ~ of the N.W. ~ of said Section 23. Containing 27.30 acres more o:' les~. ' PARKING LOT Commencing at the N.E, corner of ~he N.W. )z of the N.W. ~ of Section 23, Township 53 South, Range 29 Eas~, Tallahassee Heridian, Everglades City, C~llier C¢~unty, Flo~Jd,u thence S 89~ 59' 20" W ~long north l~me of the N.W. ~ of N..W. ~ of said Sectior~ 23, 9~4.51 feet Lo ~ poir~t on Lhe center line of Everglades Airport runway; thence S 30° 27"'O2" E along ~aid center line of runway 12.50 feel to a point; thence ,N 50° 32' 58" E 250.0q feet Lo a point on the northeasLerly boundary line of Airport properl, y being "The Point of Begi~]ng" thence continuing N 59~ 32' 58" E 200 feet to a point; thence S 30~ 27' 02" E 400 feet to e poil~t; ~'hence S 59~ 32' 58" [4 200 feel to a point; on ~he mforesatd northeasterly boundary line; thence N 30~ 2?' 02" W alot~g s;t]d northe.~sterly boundary line ~00 feet to the Point of BegJ~n~ng con[aini~g ~.84 .~crcs more or less. ~ , kl COLLII:R COUt~'Y, I t. Oh.'DA Ja~nf~RC'~ T, SCOTT r-l- I EXHIBIT C PAGE 2 OF 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-03 Which was adopted by the Board of County Commissioners on the 27th day of January, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 2004. DWIGHT E. BROCK..:'%'~'~'~· Clerk of Courts and Cle~ Ex-officio to Board of County Commi?i~s ,i. :il Deputy Clerk Johnson & Associates 128 Flicker Lane PO Box 5005 Everglades City, FL 33939 (239) 695-0768 S. B. Johnson Owner Operator Office Hours: Here most day's about 9 o~' 10 Occasionally as early as 7, But some days as late as 12 or 1. We close about 5:30 or ~ PM, Occasionally about 4 or 5 PM, Sometimes as late as 11 or 12. Some days or afternoons, u,'~ aren't here at alt and lately I've been here just about 'all the time, except when l'm someplace else Certified Lizard Patrol Dog on Duty 24 Hours! We can do it Message Contents Oelete ReI~I._y_IAI] :Forward~tnline Qpen. Rep_o.rtS~am .Inbox Date: Fri, 11 Jul 2003 15:56:45 EDT From: <schools70@aol.com> Add To Address Book Subject: AirpOrt, etc To: JimColetta@colliergov.net Cc: nick@geezerair.com Body: Dear Mr. Coletta: Doug House and I talked with you for about twenty minutes at the Oar House when you were running for election. I felt you were worth supporting and have felt so until now. I felt you recently handled the zoning "war" here on Plantation Island very well and just kept my mouth shut. Incidentally, Steve Johnson, my neighbor, has done a very good job of cleaning up his "yard art". He has worked constantly on it and I certainly have no complaints. A couple of weeks ago, you were quoted as saying that the Everglades Airport probably ought to be closed and turned into a County park or something. The county certainly doesn't need another park. More recently, the · suggestion has surfaced that we ought to turn it into a boat ramp. There might be enough already, is my thought. The suggestion that we turn it into a seaplane base is ludicrous. There is already a seaplane based on the airport for about four or five months per year. He does the suggested trips to the Keys, tours over the Everglades, etc. He does not do trips to the Dry Tortugas because the Park Service only issues two permits. One is held by a company in Washington (I think) which does not fly down here and the other is held by Fred Cabanas in Key West. I have been coming to Everglades City to fish since 1956. I always loved the place and wanted to move here. I toyed with buying Paradise Island with my sister and just putting two houses on it. Decided not to. When the Airport Authority gotthe grant to put in hangars and taxiways, I applied for a hangar. I was number two. When I got assured that I would have a hangar, I bought my house on Plantation. I live here most ofthe year. I travel extensively. I have seen the impact the airport has on the surrounding businesses and think that it is justified. tfthe airport is closed, you will lose one resident. I will not stay if there is no airport. If you have any questions, please don't hesitate to call me at 239-695-4834. Sincerely, Nick Saum, Ph.D. email to ni~),Lgee, zerair, com http ://mail.geezerair.com/wm/mail/read.html?sessionid=87273d4ce2057c4fl c5915a 89f5db... 7/11/2003 8A -, Inve~ory of material removed from his property by. Steve Joh~nson..- 24' pontoon boat ................. ~" · 38' pontoon boat 17 boat trailers ,.- together or apart 1 airplane 380 battedes 2 pickup trucks 2 cars 2flatbed trailers Roughly $4000 worth of outboard motor parts 10 awnings 2 air conditioners 4 washers 4 dryers 10 axles 500 c,~ncrete house blocks 30 sheets of roofing (3' X 20') ' 2 riding lawnmowers 4 push mowers 6 weed eaters 3 hedge trimmers 1 truck slide-in camper 1 truck topper for large pickup 4 6-lug aluminum wheels 4 5-lug alumlt~um wheels 2 aluminum V-bottom boatS 3 fiberglass V-bottom boat~ t aluminum Johrl boat I flat-bottom .flbergjass boat 2 20'X 8' miscellaneous scrap metal 60 pieces of 4" PVC 20 feet long PVC fittings, T's, ¥'s, and caps in 4", 3"~ and Roughly $10,000 worth of mechanical toOls 1 go~f cart ,t motorcycle 1 8' X 20' load of assorted trash 1 6-yard Ford d~ll~ truck 1 6-yard Chevrolet dump truck 1 HD dOuble-axel equipment trailer Steve Johnson inventory - Page 2 We have seen the abOve list, are familiar with the property both before and after removal, and ~e list to be correCt. ! January 28, 2004 3.15.3.31. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non- automotive transportation alternatives. Proportionate share payments may be used to mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrenCy for a proposed project within a TCMA and do not influence the concurrency determination process. Single family will not be charged a r~ror~ortionate share r~avment'under this section. 3.15.3.31.1. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportionate share Project trips = cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved. SV increase = the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service. o Cost = cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right-of-way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated with the construction of the improvement. 3.15.3.31.2. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/facility type as determined by the Collier County Transportation Administrator. Janua~ 20,2004 The following statements were made by Dennis Mazzone to Steve Johnson over the last few years. 1. "That's not my job. That's the Road Department's job." He was referring to a collapsing trailer and a collapsing building and excess fill next to the Johnson property. Mr. Johnson had pointed out the illegal fill on the comer lot was causing the water to back up and block the road. He was referring to all three conditions. 2. "1 can do whatever I want and there's nothing you can do about it." This was in answer to Steve Johnson's admonition to Mr. Mazzone not to leave the road and trespass on posted property. 3. "1'11 make and example out of you so I won't have to come back out here." This statement was made at the same time as the above statement in the same context. 4. "1'11 write it up to where you can't ever do anything with it. I'll see to it." This statement was made when Mr. Mazzone stopped and saw that Mr. Johnson had put up a "For Sale" sign on the proper~y. 5. "1 have to know exactly to the minute how long this is going to take." This was after Mr. Mazzone had been given a paper stating that Mr. Johnson was going to get rid of everything that was illegal according to State Law. 6. "You mean if I ran all these numbers, they wouldn't come back in your name?" This was after he was told that two vehicles on somebody else's property were not registered to Mr. Johnson. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement [] Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Dept/Div: County Attorney Office Person: David C. Weigel, County Attorney Date: 01/09/04 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 01-27-04 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO OPERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN CONVICTED OF ONE OR MORE SPECIFIFED TEN YEAR CRIME LESS THAN TEN YEARS PRIOR TO THE DATE OF THE APPLICATION TO THE PVAC UNLESS THE PVAC GRANTS AN EXEMPTION; PROVIDING FOR EXCEPTIONS AND EXEMPTIONS; PROVIDING THAT PVAC ISSUED ANNUAL COLOR CODED VEHICLE DECALS CAN BE PLACED ON THE REAR WINDOW OF THE VEHICLE; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 001-100510- 649100 Reviewed by: _//~ ~ David C. Weigel ff.~ Date County Attorney List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [-]Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE U~E ~}NJeY: .t Date Received: ~ ~.~LD~) ~1 Date of Public hearing: 1"'2~3 "01~ Date Advertised: ~ ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO OPERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN CONVICTED OF ONE OR MORE SPECIFIED TEN YEAR CRIME LESS THEN TEN YEARS PRIOR TO THE DATE OF THE APPLICATION TO THE PVAC UNLESS THE PVAC GRANTS AN EXEMPTION; ALSO AMENDING SUBSECTION 142-55(d) TO ALLOW PLACEMENT OF VEHICLE DECALS ON THE VEHICLE'S REAR WINDOW; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) has recommended to the Board of County Commissioners (in its capacity as the Public Vehicle Board) that Collier County Ordinance No. 2001-75 (the Public Vehicle for Hire Ordinance) be amended to mandate that the PVAC shall not authorize an individual to operate a vehicle for hire pursuant to this Ordinance if the applicant had been convicted of any specified ten-year crime within the ten years prior to the date of the application to the PVAC to operate a vehicle for hire unless the individual applies for and receives an exemption based upon specified clear and convincing evidence; and WHEREAS, The Supreme Court of Florida En Banc in Pratt v. City of Hollywood, 78 So.2d 697 (Fla. 1955), opined: "The [local government] owes to the public the highest degree of care and caution with reference to permits and licenses for the operation of a taxicab business on the streets of the [local government]. When a person, whether man, women or child, gets in a taxicab for transportation purposes, such person's safety is committed to the care of the taxicab driver. The [local government] officials would be derelict in the performance of their duties if they failed to impose reasonable regulations upon the owners or operators of such taxicabs and those holding permits or licenses to operate them."; and WHEREAS, the above-stated degree of care to try to protect passengers of vehicles for hire (a form of consumer protection) applies to taxicabs and to other vehicle for hire driver applicants hereafter authorized by the PVAC to operate a vehicle for hire pursuant to Ordinance No. 2001-7,5, as amended; and WHEREAS, following Pratt v. City of Hollywood, applying Section 125.5801, Florida Statutes, and the County's home rule powers, the Board finds that for public safety it is critical to require both State of Florida and FBI fingerprint based criminal background checks to screen each individual who, pursuant to Ordinance No. 2002-75, as amended, hereafter applies to the PVAC for authorization to operate a vehicle for hire pursuant to Ordinance No. 2001-75; and WHEREAS, the State of Florida has not preempted this local regulation of operators of vehicles for hire; and WHEREAS, as specified in these amendments, the PVAC shall not hereafter authorize any individual to operate a vehicle for hire pursuant Ordinance No. 2001-75 if the driver applicant was convicted of any one or more of the specified ten (10) year crimes at any time within the ten years preceding the date of the application to the PVAC to operate a vehicle for hire pursuant to the Ordnance unless the applicant is granted an exemption based on clear and convincing evidence that persuades the PVAC that the applicant has been rehabilitated and appears to no longer be a threat to victimize any vehicle for hire passenger; and WHEREAS, some vehicle decals having been on the vehicle's rear bumper have damaged painted rear bumpers whereby staff recommends that the vehicle decals should be allowed to be placed on the vehicle's rear window provided the window placed decal is clearly visible when viewed directly behind the vehicle. Underlined text is added; S*~,.'-c~x through text is deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section 142-37 of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001-75) is hereby amended to read as follows: Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Crimes after Driver Approval from the County (a) Each driver of a motor vehicle for hire must hold a current and valid driver's license (operator's permit) in said driver's name issued by the State of Florida. The respective Florida driver's license must authorize all types of driving being conducted by the respective driver. A copy of each such driver's license must be maintained by the operator and, upon request from staff, must promptly be delivered to staff. (b) Before the each respective driver applicant operates any vehicle for hire in unincorporated Collier County pursuant to this Ordinance, each driver applicant and cedificate holder (if the certificate holder is not the driver applicant) shall be responsible for ensuring that each of that certificate holder's prospective drivers verifies evory 12 months by having the Florida Department of Law Enforcement and the FBI provid_e~ directly to staff ,,,i,~, an ,.,m,.;,, ,..,., .... ¢ that individual's below-described finqerprint based criminal record checks (or ~-"~- *~',--~,',¢~ and an affidavit properly sworn to and subscribed by the driver applicant and delivered"~o the cortificate holder =nd to County staff swearinq or affirming, if true, that such driver applicant has not been found guilty or convicted, regardless of adjudication, of any of the following three year crimes (if convicted within the then past three years) and/or any of the following ten year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been suspended or revoked anywhere within the then past three years. Each applicant must be fingerprinted and the applicant must have those finqerprints delivered to the Florida Department of Law Enforcement for a state criminal history check and to the FBI for a national criminal history record check. The information supplied to staff in response to each criminal history record check shall determine the applicant's eliqibility to operate a vehicle for hire under this Ordinance. The PVAC shall not consider any conviction that occurred more then ten years before the date of the application, and shall not consider any conviction that had been set aside by post-conviction proceedinq, Such information is also exempt from subsection 119.07(1), Florida Statutes, (Public Record's Law/ disclosure. The Three year crimes are: (2--) (1) Any crime involving the sale or possession of any controlled substance. (-3) (2) The Florida RICO Act, as amended, currently Sections 895.01 through 895.06, Florida Statutes. {-4-} (3) Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense; ~ .(4) Vehicular manslaughter; ' {-6-) (5) Reckless driving; ~ (6) Exposure of the sexual organs (Section 800.03, Florida Statutes), and/or any crime pertaining to prostitution, except subsection 796.03, Florida Statutes, Procuring person under age of eighteen (18) for prostitution1 which is listed below as a ten year crime). The Ten Year Crimes are: (7) Murder, manslaughter, armed robbery; or assault with a deadly weapon or a_q_qravated assault except when the only victim of such assault was a member of the applicant's family and the assault occurred durinq a family dispute; or (8) Section 784.011, relating to assault, provided the victim of such assault was a minor; or Underlined text is added; struc~x t~rcug~ text is deleted. 2 (9) Section 784.03, Florida Statutes, relating to battery, provided the victim of the battery was a minor; or (10) Section 787.01, Florida Statutes. related to kidnapping a child under the a.qe of thirteen (13) unless the child was the driver applicant's child; or (11) Section 787.02, Florida Statutes, relating to false imprisonment of a child under the aqe of thirteen (13) unless the child was the driver applicant's child; or (12) Section 787.025, Florida Statutes, related to luring or enticing a child into ,any structure, dwelling or conveyance unless the child was the driver applicant's child; or (13) Subsection 794.011(2), (3), (4), (5) or (8), Florida Statutes, relating to sexual battery; or (14) Subsection 794.05, Florida Statutes, relating to unlawful sexual activity with certain minors; or (15) Section 796.03, Florida Statutes, related to procuring person under the age of eighteen (18) for prostitution; or (16) Section 800.04, Florida Statutes, relating to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of age; or (17) Section 825.1025, Florida Statute, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person; or (18) Section 827.03, relating to child abuse or aq.qravated child abuse; or (19) Section 827.04, Florida Statute, relating to contributinq to the delinquency of a child; or (20) Subsection 827.071(2), Florida Statutes, relating to use of a child in sexual performance; or (21) Subsection 827.071 (3), related to promoting a sexual performance by a child unless the driver applicant can prove to the PVAC that the conviction did not involve the driver applicant directing any such sexual performance; or (22) Section 847.0133, Florida Statutes, related to knowingly sell, rent, loan, give away, distribute, transmit or show any obscene material to a minor; or (23) Section 847.0145, Florida Statutes, relating to transfer, attempt or assist in any transfer of custody or control of a minor for any therein specified sexual conduct. (c) Exemptions. The PVAC may grant an exemption to permit the applicant to operate a vehicle [or hire pursuant to this Ordinance provided the applicant proves to the PVAC the following by clear and convincinq evidence: (i) that each ten year crime conviction occurred at least five years prior to the date of the application; (ii) that the applicant had been lawfully released from all sanctions for each three year crime and from each ten year C'rime; (iii) the relationship of the applicant to each victim, including the age and gender of each victim; (iii) all harms the commission of the crime caused to each victim, (vi) whether the crime involved violence or use of a weapon, (v) the applicant's history since the date of each conviction, including evidence of rehabilitation, (vi) whether the applicant is likely to present any such victimization to any vehicle for hire passenger, and (vii) the applicant's response to medical treatment,, if any, related to such criminal behaviors. The PVAC may impose restrictions upon the applicant's vehicle for .hire driving activities. (d) The PVAC may consider evidence offered by others in support of or in opposition to granting an exemption and driving activity restrictions. (e) Notwithstandinq any other provision in this Ordinance, the PVAC'.s decisions regarding exceptions, exemptions and restrictions shall be final and shall not bo eligible for appeal or other review by the Public Vehicle Board. ~ .~ If a then approved driver is convicted of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any vehicle for hire in Collier County. In the event that a driver's license is suspended or revoked, or a driver is convicted of any of the above-listed offenses, regardless of adjudication, the certificate holder and the driver shall notify staff in writing of the suspension, revocation or conviction immediately upon the driver or the certificate holder becoming aware of such conviction. The certificate holder shall maintain a permanent registry containing information on the identity of each driver permitted Underlined text is added; struck through text is deleted. 3 to operate a permitted vehicle under the certificate holder's authority. Said permanent registry shall be available for inspection and/or copying by the County during the certificate holder's regular business hours. (.q) "Conviction" applies to Florida and to crimes with substantially the same elements in other iurisdictions covered by the respective criminal history record check, including military courts, and includes a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication; and in the case of a iuvenile, a finding of delinquency based upon elements of the offense that would constitute commission of such crime if the applicant had not been a minor. "Sanctions" include, and are not limited to, parole, probation, community control, conditional release, control release, or incarceration in any state prison, federal prison1 private correctional facility, local jail or other local detention facility, including juvenile facility. SECTION TWO. Subsection (d) in Section 142-55 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (d) Vehicle decals shall be color coded for each permitting year, February 1 to January 31. Each vehicle permit and decal shall be separately numbered. The vehicle decal shall be permanently affixed on each assigned vehicle's left inside bottom windshield glass corner of the front window and the other decal either on the left hand side of the vehicle's rear bumper or at the bottom left corner of the vehicle's rear window, provided each such rear facinq decal is clearly visible when viewed from directly behind the vehicle. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals shall be made of such material that after being affixed to the vehicle cannot be removed without being destroyed. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the certificate holder shall remove the vehicle decal and thereby destroy the decal. The certificate holder shall be responsible for notifying the county manager in writing within ten calendar days of any then currently valid vehicle decal destroyed or removed from a vehicle. Vehicle permits shall be transferable only in the event of the replacement of an existing vehicle upon proof of purchase of new vehicle and discontinued vehicle for hire operation of the previously permitted vehicle. Each new vehicle must meet the requirements of this article prior to its being operated as a vehicle for hire by the certificate holder. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; struck through text is deleted. 4 SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective upon receipt by the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of ,2004. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk ., Chairman Approved as to form And legal sufficiency Thomas C. Palmer, Assistant County Attorney Underlined text is added; ';truck t?:ough text is deleted. 5 ORDINANCE NO. 2004 - AN ORDINANCE OF' COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO OPERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN CONVICTED OF ONE OR MORE SPECIFIED TEN YEAR CRIME LESS THEN TEN YEARS PRIOR TO THE DATE OF THE APPLICATION TO THE PVAC UNLESS THE PVAC GRANTS AN EXEMPTION; ALSO AMENDING SUBSECTION 142-55(d) TO ALLOW PLACEMENT OF VEHICLE DECALS ON THE VEHICLE'S REAR WINDOW; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) has recommended to the Board of County Commissioners (in its capacity as the Public Vehicle Board) that Collier County Ordinance No. 2001-75 (the Public Vehicle for Hire Ordinance) be amended to mandate that the PVAC shall not authorize an individual to operate a vehicle for hire pursuant to this Ordinance if the applicant had been convicted of any specified ten-year crime within the ten years prior to the date of the application to the PVAC to operate a vehicle for hire unless the individual applies for and receives an exemption based upon specified clear and convincing evidence; and WHEREAS, The Supreme Court of Florida En Banc in Pratt v. City of Hollywood, 78 So.2d 697 (Fla. 1955), opined: "The [local government] owes to the public the highest degree of care and caution with reference to permits and licenses for the operation of a taxicab business on the streets of the [local government]. When a person, whether man, women or child, gets in a taxicab fOr transportation purposes, such person's safety is committed to the care of the taxicab driver. The [local government] officials would be derelict in the performance of their duties if they failed to impose reasonable regulations upon the owners or operators of such taxicabs and those holding permits or licenses to operate them."; and WHEREAS, the above-stated degree of care to try to protect passengers of vehicles for hire (a form of consumer protection) applies to taxicabs and to other vehicle for hire driver applicants hereafter authorized by the PVAC to operate a vehicle for hire pursuant to Ordinance No. 2001-75, as amended; and WHEREAS, following Pratt v. City of Hollywood, applying Section 125.5801, Florida Statutes, and the County's home rule powers, the Board finds that for public safety it is critical to require both State of Florida and FBI fingerprint based criminal background checks to screen each individual who, pursuant to Ordinance No. 2002-75, as amended, hereafter applies to the PVAC for authorization to operate a vehicle for hire pursuant to Ordinance No. 2001-75; and WHEREAS, the State of Florida has not preempted this local regulation of operators of vehicles for hire; and WHEREAS, as specified in these amendments, the PVAC shall not hereafter authorize any individual to operate a vehicle for hire pursuant Ordinance No. 2001-75 if the driver applicant was convicted of any one or more of the specified ten (10) year crimes at any time within the ten years preceding the date of the application to the PVAC to operate a vehicle for hire pursuant to the Ordnance unless the applicant is granted an exemption based on clear and convincing evidence that persuades the PVAC that the applicant has been rehabilitated and appears to no longer be a threat to victimize any vehicle for hire passenger; and WHEREAS, some vehicle decals having been on the vehicle's rear bumper have damaged painted rear bumpers whereby staff recommends that the vehicle decals should be allowed to be placed on the vehicle's rear window provided the window placed decal is clearly visible when viewed directly behind the vehicle. Underlined text is added; $~uzk through text is deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section 142-37 of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001-75) is hereby amended to read as follows: Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Crimes after Driver Approval from the County (a) Each driver of a motor vehicle for hire must hold a current and valid driver's license (operator's permit) in said driver's name issued by the State of Florida. The respective Florida driver's license must authorize all types of driving being conducted by the respective driver. A copy of each such driver's license must be maintained by the operator and, upon request from staff, must promptly be delivered to staff. (b) Before thc each respective driver applicant operates any vehicle for hire in unincorporated Collier County pursuant to this Ordinance, each driver applicant and certificate holder (if the certificate holder is not the driver applicant) shall be responsible for ensuring that each of that certificate holder's prospective drivers verifies ....... -----,~, ~,._o ,...,.,.,,~...,,,..,,.,,., by having the Florida Department of Law Enforcement and the FBI provideicl(j directly to staff ,.,~*~, ap, ..m,-,:.~ ,.,.,.,, ................. ~.~ of that individual's below-described finqerprint based criminal record checks (or !ack thereof) and an affidavit properly sworn to and subscribed by the driver applicant and delivered' to the cc,'!.ificate ho!der and to County staff swearing or affirminq, if true, that such driver applicant has not been found guilty or convicted, regardless of adjudication, of any of the following three year crimes (if convicted within the then past three years) and/or any of the followin.q ten year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been suspended or revoked anywhere within the then past three years. Each applicant must be finqerprinted and the applicant must have those fin.qerprint,~ delivered to the Florida Department of Law Enforcement for a state criminal history check and to the FBI for a national criminal history record check. The information supplied to staff in response to each criminal history record check shall determine the applicant's eligibility to operate a vehicle for hire under this Ordinance. The PVAC shall not consider any conviction that occurred more then ten years before the date of the application, and shall not consider any conviction that had been set aside by post-conviction proceedinq, Such information is also exempt from subsection 119,07(1), Florida Statutes, (Public Record's Law) disclosure. The Three year crimes are: ........ +~ It; ,~m (1) Any crime involving the sale or possession of any controlled substance. ~ (2) The Florida RICO Act, as amended, currently Sections 895.01 through 895.06, Florida Statutes. ~ (3) Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense; ~ (4) Vehicular manslaughter; ~ (5) Reckless driving; -' ~ (6) Exposure of the sexual organs (Section 800.03, Florida Statutes), and/or any crime pertaining to prostitution, except subsection 796.03, Florida Statutes, Procuring person under age of eighteen (18) for prostitution, which is listed below as a ten year crime). The Ten Year Grimes are: (7) Murder, manslaughter, armed robbe~; or assault with a deadly weapon or a~ravated assault except when the only victim of such assault was a member of the applicant's family and the assault occurred durinq a family dispute; or .(8) Section 784.011, relating to assault, provided the victim of such assault was a minor; or Underlined text is added; struck tk~ough text is deleted. 2 (9) Section 784.03, Florida Statutes, relating to battery, provided the victim of the battery was a minor; or (10) Section 787.01, Florida Statutes. related to kidnapping a child under the age of thirteen (13) unless the child was the driver applicant's child; or (11) Section 787.02, Florida Statutes, relating to false imprisonment of a child under the a.qe of thirteen (13) unless the child was the driver applicant's child; or (12) Section 787.025, Florida Statutes, related to lurinq or enticing a child into any structure, dwelling or conveyance unless the child was the driver applicant's child; or (13) Subsection 794.011(2), (3), (4), (5) or (8), Florida Statutes, relating to sexual battery; or (14) Subsection 794.05, Florida Statutes, relating to unlawful sexual activity with certain minors; or (15) Section 796.03, Florida Statutes, related to procuring person under the age of eighteen (18) for prostitution; or (16) Section 800.04, Florida Statutes, relating to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of age; or (17) Section 825.1025, Florida Statute, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person; or (18) Section 827.03, relating to child abuse or aggravated child abuse; or (.19) Section 827.04, Florida Statute, relating to contributinq to the delinquency of a child; or (20) Subsection 827.071(2), Florida Statutes, relating to use of a child in sexual performance; or (21) Subsection 827.071(3), related to promoting a sexual performance by a child unless the driver applicant can prove to the PVAC that the conviction did not involve the driver applicant directinq any such sexual performance; or (22) Section 847.0133, Florida Statutes, related to knowingly sell, rent, loan, give away, distribute, transmit or show any obscene material to a minor; or (23) Section 847.0145, Florida Statutes, relating to transfer, attempt or assist in any transfer of custody or control of a minor for any therein specified sexual conduct. (c) Exemptions. The PVAC may grant an exemption to permit the applicant to operate a vehicle for hire pursuant to this Ordinance provided the applicant proves to the PVAC the following by clear and convincinq evidence: (i) that each ten year crime conviction occurred at least five years prior to the date of the application; (ii) that the applicant had been lawfully released from all sanctions for each three year crime and from each ten year C'rime; (iii) the relationship of the applicant to each victim, including the age and gender of each victim; (iii) all harms the commission of the crime caused to each victim, (vi) whether the crime involved violence or use of a weapon, (v) the applicant's history since the date of each conviction, including evidence of rehabilitation, (vi) whether the applicant is likely to present any such victimization to any vehicle for hire passenger, and (vii) the applicant's response to medical treatment,, if any, related to such criminal behaviors. The PVAC may impose restrictions upon the applicant's vehicle for hire driving activities. (d) The PVAC may consider evidence offered by others in support of or in opposition to granting an exemption and driving activity restrictions (e) Notwithstanding any other provision in this Ordinance, the PVAC~s decisions regarding exceptions, exemptions and restrictions shall be final and shall not be eligible for appeal or other review by the Public Vehicle Board. ~/f.~ If a then approved driver is convicted of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any vehicle for hire in Collier County. In the event that a driver's license is suspended or revoked, or a driver is convicted of any of the above-listed offenses, regardless of adjudication, the certificate holder and the driver shall notify staff in writing of the suspension, revocation or conviction immediately upon the driver or the certificate holder becoming aware of such conviction. The certificate holder shall maintain a permanent registry containing information on the identity of each driver permitted Underlined text is added; s~uck tkrcug~ text is deleted. 3 to operate a permitted vehicle under the certificate holder's authority. Said permanent registry shall be available for inspection and/or copying by the County during the certificate holder's regular business hours. ('_a) "Conviction" applies to Florida and to crimes with substantially the same elements in other iurisdictions covered by the respective criminal history record check, including military courts, and includes a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication; and in the case of a iuvenile, a findinq of delinquency based upon elements of the offense that would constitute commission of such crime if the applicant had not been a minor. "Sanctions" include, and are not limited to, parole, probation, community control, conditional release, control release, or incarceration in any state prison, federal prison, private correctional facility, local jail or other local detention facility, including iuvenile facility. SECTION TWO. Subsection (d) in Section 142-55 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (d) Vehicle decals shall be color coded for each permitting year, February 1 to January 31. Each vehicle permit and decal shall be separately numbered. The vehicle decal shall be permanently affixed on each assigned vehicle's left inside bottom windshield glass corner of the front window and the other decal either on the left hand side of the vehicle's rear bumper or at the bottom left corner of the vehicle's rear window, provided each such rear facinq decal is clearly visible when viewed from directly behind the vehicle. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals shall be made of such material that after being affixed to the vehicle cannot be removed without being destroyed. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the certificate holder shall remove the vehicle decal and thereby destroy the decal. The certificate holder shall be responsible for notifying the county manager in writing within ten calendar days of any then currently valid vehicle decal destroyed or removed from a vehicle. Vehicle permits shall be transferable only in the event of the replacement of an existing vehicle upon proof of purchase of new vehicle and discontinued vehicle for hire operation of the previously permitted vehicle. Each new vehicle must meet the requirements of this article prior to its being operated as a vehicle for hire by the certificate holder. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; sL~uck through text is deleted. 4 SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective upon receipt by the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of ,2004. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Chairman Approved as to form And legal sufficiency Thomas ~.LiSalmer, Assistant County Attorney Underlined text is added; struck thrc'.:'gh text is deleted. 5 January 9, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 2001-75~ PUBLIC VEHICLE FOR HIRE ORDINANCE Dear Georgia: Please advertise the above referenced notice on Friday, January 16, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 001-100510-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 27, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO OPERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN CONVICTED OF ONE OR MORE SPECIFIED TEN YEAR CRIME LESS THAN TEN YEARS PRIOR TO THE DATE OF THE APPLICATION TO THE PVAC UNLESS THE PVAC GRANTS AN EXEMPTION; PROVIDING FOR EXCEPTIONS AND EXEMPTIONS; PROVIDING THAT PVAC ISSUED ANNUAL COLOR CODED VEHICLE DECALS CAN BE PLACED ON THE REAR WINDOW OF THE VEHICLE; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jenneiohn To: Subject: Georgia (E-mail) PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDS 2001-75 8B Georgia, Please advertise the attached on Friday, January 16, 2004 Thank you, Minutes & Records ORD.AMEND.PUBLT C VEHI'CLE FOR H... ORD.AMEND.2001- 75 PUBLIC VEHIC... Ann P. Jenne'ohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, January 09, 2004 4:01 PM Ann P. Jennejohn Delivered: PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDS 2001-75 PUBLIC VEHICLE :OR HIRE ORDINA.. <<PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDS 2001-75>> Your message To: Georgia (E-mail) Subject: PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDS 2001-75 Sent: Fri, 9 Jan 2004 16:12:24 -0500 was delivered to the following recipient(s): legals on Fri, 9 Jan 2004 16:00:32 -0500 Ann P. Jenneiohn From: Sent: To: SubJect: postmaster@clerk.collier.fl .us Friday, January 09, 2004 4:12 PM Ann P. Jennejohn Delivery Status Notification (Relay) A'l-1'492455.txt PUBLIC VEHICLE :OR HIRE ORDINA.. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDS 2001-75 Ann P. Jennejohn Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Friday, January 09, 2004 4:08 PM To: Ann P. Jennejohn Subject: RE: PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDS 2001-75 rcvd to run jan 16 thanks georgia ..... Original Message ..... From: Ann P. 3ennejohn [mailto:Ann.Jennejohn@clerk.collier.fl.us] Sent: Friday, January 09, 2004 4:12 PM To: Georgia (E-mail) Subject: PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDS 2001-75 Georgia, Please advertise the attached on Friday, January 16, 2004 Thank you, Ann Minutes & Records <<ORD.AMEND. PUBLIC VEHICLE FOR HIRE ORD. 2OOl.75. do¢>> <<ORD. AMEND. 2001-75 PUBLIC VEHICLE FOR HIRE. doc>> 1/9/2004 Naple~ Dail~ News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58786063 001100510649 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/16 CONSI~INANCE i TO Notice Is hereby given that on TUeSday, Janu- ary 2.7, 2004; In the Boararoom, ~d Floor, Adm~lstr~tlon Building, Collier Co~ Govern-i ment Center, ~3~! East l Tamlaml Tr&ll,' N~Ples. I Flerlda,'the Board cfi county qomm~lsSloners I will consider me enact- ment of a COunty Ordl- mace. The ~ wtll l commence at g:00 A.I~I The title of the prO.I posed Ordinance Is as follOWs: I AN ORDINANCE OF COL-I LIER "COUNTY, FrORIDA,/ AMENDING COLLIER/ COUNTY ORDINANCE/ NO. 200~..q5, THE PUBLIC VEHIGLEFOR HtRE ORDI-/ NANGE, TO PROHIBITr THE COLLIER COUNTYI · PUBLIC: VEHICLE ADVI- SORY COMM TTEE (PVAC) FROM. AUTHOR- 'IZING ~Y~ TO' oPeRATE A VEHICLE FOR HIRE IF TNE ORIVER APPLICANT HAD BEEN ¢ONVIG'I~ED OF ONE OR MORSE gPE¢IFIED TEN YEAR CRIME LESS THAN TEN YEARS PRIOR TO THE DATE OFT HE APPLI- CATION TO THE PYA( UNLESS THE PYA( GRANTS AN EXEMPTION PROVIDING FOR EXCEP TIONS AND EXEMP- TIONS; PROVIDING THAT PVAC ISSUED ANNUALI COLOR CODED ~HIGLEI DECAL~, CAN BE RLACEDt ON THE REAR WINDOWI OF .THE VEHICLE: PRO-I VIPlN~ FOR ~CLU$10N INTO THE CODE OFI LAWS ~ND :ORDI-I NANi~ ' ;P~OVIDiNGI FOR CONFLICT AND SEV- ERABiLITY~ ANEFFECTIVE DATF. Copies; of the proposed~ Ordinance are on file/ with the Clerk to the! Board arid are avallable~ for 10spectlon. All Inter-~ ~ portfes are Invited | ~o attend Ired be heard. / / .NOTE: All persons wish- rng to speak on anyI agenda Item must regls-[ tar with the County ad- ministrator prior to pre- .s. entation, of the agenda kern to De addressed.: IndiVidual speakers wll be mired to 5 minutes on any Item. The selec- tlen of an individual to speak on behalf of an organlzaflen or group is e.ncouraged. If r. ecog. razed by the Chairman, a spokesperson for a group or organization may be allotted ~0 min- utes to speak On an item. Persons wishing toI have written or graphlcl materials Included inl the Board agenda pack-I ets must submit sa dl rn~tarlal a minimum of :31 weeks prier spectlve public hearing,/ cOnSidered by the Board Shall be submltte(~ to the .aPprop. rlate County staff a minimum of Say. en days prior to the 'pub. ll.c nearing. All ma- terial used In presenta. tlons before the Board will become a per.ma- nent part of the rei:~rd. Any pars.on who decid- es to appe~.l a decision of the B(~ard will need record of the proceed- Ings pertaining theret9 en~l therefore, (nay nee~ to ensure that a verba- tim record of the Pro- ceedings Is made, which record includes the tes. tlmony and evidence .upon which the appeal ~s based. BOARD OF cOuNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, CHAIR MAN AD SPACE: 139.000 INCH DWIGHT E. BROCK. FILED ON: 01/16/04 CLERK By: /s/Ann JenncJohn, ,/~ (SEAL) - * Signature of Affiant . ~ .. Jan. 16 No. 4F,1074 BONDED THgU TI~OY ~AIN INSUI~ANCE, INC. ORDINANCE NO. 2004 - o4 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO OPERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN CONVICTED OF ONE OR MORE SPECIFIED TEN YEAR CRIME LESS THEN TEN YEARS PRIOR TO THE DATE OF THE APPLICATION TO THE PVAC UNLESS THE PVAC GRANTS AN EXEMPTION; ALSO AMENDING SUBSECTION 142-55(d) TO ALLOW PLACEMENT OF VEHICLE DECALS ON THE VEHICLE'S REAR WINDOW; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) has recommended to the Board of County Commissioners (in its capacity as the Public Vehicle Board) that Collier County Ordinance No. 2001-75 (the Public Vehicle for Hire Ordinance) be amended to mandate that the PVAC shall not authorize an individual to operate a vehicle for hire pursuant to this Ordinance if the applicant had been convicted of any specified ten-year crime within the ten years prior to the date of the application to the PVAC to operate a vehicle for hire unless the individual applies for and receives an exemption based upon specified clear and convincing evidence; and WHEREAS, The Supreme Court of Florida En Banc in Pratt v. City of Hollywood, 78 So.2d 697 (Fla. 1955), opined: "The [local government] owes to the public the highest degree of care and caution with reference to permits and licenses for the operation of a taxicab business on the streets of the [local government]. When a person, whether man, women or child, gets in a taxicab for transportation purposes, such person's safety is committed to the care of the taxicab driver. The [local government] officials would be derelict in the performance of their duties if they failed to impose reasonable regulations upon the owners or operators of such taxicabs and those holding permits or licenses to operate them."; and WHEREAS, the above-stated degree of care to try to protect passengers of vehicles for hire (a form of consumer protection) applies to taxicabs and to other vehicle for hire driver applicants hereafter authorized by the PVAC to operate a vehicle for hire pursuant to Ordinance No. 2001-75, as amended; and WHEREAS, following Pratt v. City of Hollywood, applying Section 125.5801, Florida Statutes, and the County's home rule powers, the Board finds that for public safety it is critical to require both State of Florida and FBI fingerprint based criminal background checks to screen each individual who, pursuant to Ordinance No. 2002-75, as amended, hereafter applies to the PVAC for authorization to operate a vehicle for hire pursuant to Ordinance No. 2001-75; and WHEREAS, the State of Florida has not preempted this local regulation of operators of vehicles for hire; and WHEREAS, as specified in these amendments, the PVAC shall not hereafter authorize any individual to operate a vehicle for hire pursuant Ordinance No. 2001-75 if the driver applicant was convicted of any one or more of the specified ten (10) year crimes at any time within the ten years preceding the date of the application to the PVAC to operate a vehicle for hire pursuant to the Ordnance unless the applicant is granted an exemption based on clear and convincing evidence that persuades the PVAC that the applicant has been rehabilitated and appears to no longer be a threat to victimize any vehicle for hire passenger; and WHEREAS, some vehicle decals having been on the vehicle's rear bumper have damaged painted rear bumpers whereby staff recommends that the vehicle decals should be allowed to be placed on the vehicle's rear window provided the window placed decal is clearly visible when viewed directly behind the vehicle. Underlined text is added; 8tr.:'c!: t~raug~ text is deleted. 80..."" NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section 142-37 of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001-75) is hereby amended to read as follows: Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Crimes after Driver Approval from the County (a) Each driver of a motor vehicle for hire must hold a current and valid driver's license (operator's permit) in said driver's name issued by the State of Florida. The respective Florida driver's license must authorize all types of driving being conducted by the respective driver. A copy of each such driver's license must be maintained by the operator and, upon request from staff, must promptly be delivered to staff. (b) Before tRe each respective driver applicant operates any vehicle for hire in unincorporated Collier County pursuant to this Ordinance, each driver applicant and certificate holder (if the certificate holder is not the driver applicant) shall be responsible for ensuring that each of that certificate holder's prospective drivers verifies every 12 months by havinq the Florida Department of Law Enforcement and the FBI providgffig directly to staff wJ.tA an official copy of that individual's below-described finqerprint based criminal record checks (or laok thoroof) and an affidavit properly sworn to and subscribed by the driver applicant and delivered to tho cortificato holder and to County staff swearinq or affirminq, if true, that such driver applicant has not been found guilty or convicted, regardless of adjudication, of any of the following three year crimes (if convicted within the then past three years) and/or any of the followinq ten year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been suspended or revoked anywhere within the then past three years. Each applicant must be finqerprinted and the applicant must have those finqerprints delivered to the Florida Department of Law Enforcement for a state criminal history check and to the FBI for a national criminal history record check. The information supplied to staff in response to each criminal history record check shall determine the applicant's eliqibility to operate a vehicle for hire under this Ordinance. The PV AC shall not consider any conviction that occurred more then ten years before the date of the application, and shall not consider any conviction that had been set aside by post-conviction proceedinq, Such information is also exempt from subsection 119.07(1), Florida Statutes, (Public Record's Law) disclosure. The Three year crimes are: (1) Murdor, manslaughter, armod robbory, assault '/lith 3. doadly woapon, or aggravatod assault; f2t ill Any crime involving the sale or possession of any controlled substance. fðt {g} The Florida RICO Act, as amended, currently Sections 895.01 through 895.06, Florida Statutes. {4t ill Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense; fãt ill Vehicular manslaughter; ~ i§} Reckless driving; f7t í§l Exposure of the sexual organs (Section 800.03, Florida Statutes), and/or any crime pertaining to prostitution, except subsection 796.03, Florida Statutes, Procurinq person under aqe of eiqhteen (18) for prostitution, which is listed below as a ten year crime). The Ten Year Crimes are: (7) Murder, manslauqhter, armed robbery; or assault with a deadly weapon or aqqravated assault except when the only victim of such assault was a member of the applicant's family and the assault occurred durinq a family dispute; or (8) Section 784.011, relatinq to assault, provided the victim of such assault was a minor; or Underlined text is added; stmck tltroHgh text is deleted. 2 -88 (9) Section 784.03, Florida Statutes, relatinq to battery, provided the victim of the battery was a minor; or (10) Section 787.01, Florida Statutes. related to kidnappinq a child under the aqe of thirteen (13) unless the child was the driver applicant's child; or (11) Section 787.02, Florida Statutes, relatinq to false imprisonment of a child under the aqe of thirteen (13) unless the child was the driver applicant's child; or (12) Section 787.025, Florida Statutes, related to lurinq or enticinq a child into any structure, dwellinq or conveyance unless the child was the driver applicant's child; or (13) Subsection 794.011 (2), (3), (4), (5) or (8), Florida Statutes, relatinq to sexual battery; or (14) Subsection 794.05, Florida Statutes, relatinq to unlawful sexual activity with certain minors; or (15) Section 796.03, Florida Statutes, related to procuring person under the aqe of eiqhteen (18) for prostitution: or (16) Section 800.04, Florida Statutes, relatinq to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of aqe; or (17) Section 825.1025, Florida Statute, relatinq to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person: or (18) Section 827.03, relatinq to child abuse or aqqravated child abuse; or (19) Section 827.04, Florida Statute, relatinq to contributinq to the delinquency of a child; or (20) Subsection 827.071 (2), Florida Statutes, relatinq to use of a child in sexual performance; or (21) Subsection 827.071 (3), related to promotinq a sexual performance by a child unless the driver applicant can prove to the PV AC that the conviction did not involve the driver applicant directinq any such sexual performance; or (22) Section 847.0133, Florida Statutes. related to knowinqly sell. rent, loan, qive away, distribute, transmit or show any obscene material to a minor; or (23) Section 847.0145, Florida Statutes, relatinq to transfer, attempt or assist in any transfer of custody or control of a minor for any therein specified sexual conduct. ...~ (c) Exemptions. The PVAC may qrant an exemption to permit the applicant to operate a vehicle for hire pursuant to this Ordinance provided the applicant proves to the PV AC the followinq by clear and convincinq evidence: (i) that each ten year crime conviction occurred at least five years prior to the date of the application; (ii) that the applicant had been lawfully released from all sanctions for each three year crime and from each ten year crime: (iii) the relationship of the applicant to each victim, includinq the aqe and qender of each victim; (iii) all harms the commission of the crime caused to each victim. (vi) whether the crime involved violence or use of a weapon, (v) the applicant's history since the date of each conviction, includinq evidence of rehabilitation. (vi) whether the applicant is likely to present any such victimization to any vehicle for hire passenqer. and (vii) the applicant's response to medical treatment.. if any, related to such criminal behaviors. The PV AC may impose restrictions upon the applicant's vehicle for hire drivinq activities. (d) The PVAC may consider evidence offered by others in support of or in opposition to qrantinq an exemption and drivinq activity restrictions. (e) Notwithstandinq any other provision in this Ordinance, the PVAC's decisions reqardinq exceptions, exemptions and restrictions shall be final and shall not be eliqible for appeal or other review by the Public Vehicle Board. {e1 ill If a then approved driver is convicted of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any vehicle for hire in Collier County. In the event that a driver's license is suspended or revoked, or a driver is convicted of any of the above-listed offenses, regardless of adjudication, the certificate holder and the driver shall notify staff in writing of the suspension, revocation or conviction immediately upon the driver or the certificate holder becoming aware of such conviction. The certificate holder shall maintain a permanent registry containing information on the identity of each driver permitted Underlined text is added; stmck thrmlgh text is deleted. 3 ''''8 0 ...... ~ to operate a permitted vehicle under the certificate holder's authority. Said permanent registry shall be available for inspection and/or copying by the County during the certificate holder's regular business hours. (q) "Conviction" applies to Florida and to crimes with substantially the same elements in other jurisdictions covered by the respective criminal history record check, includinq military courts, and includes a findinq of quilty. or entry of a plea of nolo contendere or quilty, regardless of adjudication; and in the case of a juvenile, a findinq of delinquency based upon elements of the offense that would constitute commission of such crime if the applicant had not been a minor. "Sanctions" include, and are not limited to, parole, probation. community control. conditional release, control release. or incarceration in any state prison, federal prison, private correctional facility, local jailor other local detention facility, includinq juvenile facility. SECTION TWO. Subsection (d) in Section 142-55 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (d) Vehicle decals shall be color coded for each permitting year, February 1 to January 31. Each vehicle permit and decal shall be separately numbered. The vehicle decal shall be permanently affixed on each assigned vehicle's left inside bottom windshield glass corner of the front window and the other decal either on the left hand side of the vehicle's rear bumper or at the bottom left corner of the vehicle's rear window. provided each such rear facinq decal is clearly visible when viewed from directly behind the vehicle. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals shall be made of such material that after being affixed to the vehicle cannot be removed without being destroyed. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the certificate holder shall remove the vehicle decal and thereby destroy the decal. The certificate holder shall be responsible for notifying the county manager in writing within ten calendar days of any then currently valid vehicle decal destroyed or removed from a vehicle. Vehicle permits shall be transferable only in the event of the replacement of an existing vehicle upon proof of purchase of new vehicle and discontinued vehicle for hire operation of the previously permitted vehicle. Each new vehicle must meet the requirements of this article prior to its being operated as a vehicle for hire by the certificate holder. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; strHek tbroHgh text is deleted. 4 SECTION FIVE. EFFECTIVE DATE. 8 9 ~., This Ordinance shall be effective upon receipt by the Florida Department of State. PASSEP. AND DULY ADOPTED by the Board of County Commissioners ;' C\ ,. . . of Collje~ 'c'6(j~lorida this ";'7 day of r -~ r2004. , . ' . ATTI;ST: ,~~~. :'~ BOARD OF OUNTY COMMISSIONERS, D1~t E, Brock,iC~r COLLIER UNTY, FLORIý>A _ By: ~.~ na Fiala, Chairman . . ~.' ~, ',.' 'DeputýCler . .... Attest II to ~__'. s j gnature Oft 11. Approved as to 'form And legal sufficiency ;¡ó~ ~--- Thomas C. Palmer, Assistant County Attorney Underlined text is added; stmek throügh text is deleted. 5 1188 "~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-04 Which was adopted by the Board of County Commissioners on the 27th day of January, 2004, during Regular.Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, -this 28th day of January, 2004. ~ ,,/.., COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 80 ~, ~'*" r~,. To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement D Other: (Display Adv., location. etc.) ********************************************************************************************************** Originating Deptl Div: County Attorney Office Person: Michael W. Pettit, Chief Assistant Date: 01/08/04 Petition No. (If none. give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before K BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 01-27-04 Newspaper(s) to be used: (Complete only if important): X Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2003-53 KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE; PROVIDING A TITLE AND CITATION; PROVIDING SCOPE; PROVIDING A STATEMENT OF POLICY; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING STANDARDS OF CONDUCT; PROVIDING FOR LOBBYIST REGISTRATION; PROVIDING FOR POST-EMPLOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s). if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes D No If Yes. what account should be charged for advertising costs: 001-100510- 649100 j- '8--04 Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before ßCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE~NLY:'J.tñ.AJ J Date Received: J - - d-t;iJtf Date of Public hearing: t - d..1-Ó1_ Date Advertised: ~Jtv.r "8D ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2003-53 KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE; PROVIDING A TITLE AND CITATION; PROVIDING SCOPE; PROVIDING A STATEMENT OF POLICY; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING STANDARDS OF CONDUCT; PROVIDING FOR LOBBYIST REGISTRATION; PROVIDING FOR POST-EMPLOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part 1II, Florida Statutes, establishes a code of ethics and provides standards of conduct for public officers and employees; and WHEREAS, the Board previously adopted a Collier County Ethics Ordinance to complement and enhance the State standards set forth in Chapter 112, Florida Statutes, in order to further the public's trust in their local government; and ~ WHEREAS, the Board desires, through this Ordinance, to clarify and strengthen the Collier County Ethics Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Code of Laws and Ordinances of Collier County, Florida, shall read as follows: SECTION ONE: TITLE AND CITATION This Ordinance shall be known and cited as the "Collier County Ethics Ordinance." SECTION TWO: SCOPE This Ordinance shall apply to all public servants of the Collier County Board of County Commissioners, which includes public officials, whether elected or appointed, and all county employees. SECTION THREE: STATEMENT OF POLICY It is the public policy of Collier County that public servants work for the benefit of the citizens of Collier County. It is the responsibility of each public servant to act in a manner that contributes to ensuring the public's trust in its government. In particular, to always be honest with the public they serve, and to be good stewards of the tax dollars entrusted to them. To this end, an individual covered by this Ordinance shall (1) not use his or her position as a public servant for unlawful gain or enrichment, (2) avoid conduct that gives the appearance of impropriety in the performance of his or her public duties, and (3) not accept any items of value 1- if the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. The statement of policy and general standards of conduct set forth in this section are not subject to the penalties provided for in this Ordinance. SECTION FOUR: FINDINGS (a) The report submitted to the Collier County Board of County Commissioners ("Board') on September 15, 1998, by the Ad Hoc Ethics Standards Review Committee ("Committee"), recommended the adoption of a local ethics code. (b) The Board finds that the legislative intent and declaration of policies set forth in Section 112.311, Florida Statutes, sets forth a laudable philosophy regarding the purpose, scope and application of ethics laws in relation to county officers and employees. Moreover, the Board also finds, based on the Committee's report, that additional, more stringent requirements are needed with regard to lobbyists, gifts, and post-county employment restrictions in order to promote and protect the public trust in its local government. (c) Section 112.326, Florida Statutes, authorizes the Board to impose more stringent standards of conduct and disclosure requirements, beyond those specified in Chapter 112, Part 1II, Florida Statutes, upon its own officers and employees provided that said standards of conduct and disclosure requirements do not otherwise conflict with Chapter 112, Part III, Florida Statutes. (d) Section 125.69(1), Florida Statutes, provides, in pertinent part, that violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board further finds that an efficient and effective method for the determination of allegations of violations of the additional more stringent ethical standards set forth in this Ordinance is through local. enforcement thereof. ... (e) Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance establishing post-employment restrictions for certain designated county employees. (0 The Board finds that preservation of the integrity of the governmental decision-making process is essential to the continued functioning of an open government. Therefore, in order to preserve and maintain the integrity of the process', and to better inform the citizens of efforts to influence legislative branch action, the Board finds it appropriate to require public registration and disclosure of the identity of certain persons who attempt to influence actions of the Board or actions of any of the County's quasi-judicial boards. (g) Section 112.3148(2)(b), Florida Statutes, authorizes the Board to establish a local registration process for lobbyists. The Board finds that such a registration process serves to promote and protect governmental integrity as well as to foster open government. The Board further finds that such a public registration process for lobbyists may assist to promote full compliance by lobbyists with the lobbyist gift reporting requirements set forth in Section 112.3148, Florida Statutes. (h) The Board finds that more stringent requirements are needed with regard to the value of gifts that may be provided by lobbyists to public officers and employees beyond the standards set forth in Section 112.3148, Florida Statutes. Specifically, the Board finds that a zero gift limit, rather than $100.00 as set forth by Section 112.3148, Florida Statutes, should be enacted in order to better promote and preserve the integrity of the governmental decision-making process. (i) The Board finds that additional gift prohibitions are necessary for public officials prohibiting the receipt of any gift or any other thing of monetary value from anyone who the public official knows or reasonably should know is any way attempting to affect the official actions, business or finances of the county or from an~yone that has an interest that may be substantially affected by the performance or nonperformance of duties of a public official. The Board further finds that prohibitions are necessary in regard to gifts between official superiors and subordinate public officials in order to preserve the ethical integrity of the performance of public service by County human resources. (j) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311(F) (Code of Ethics/Standards of Conduct), restricts Collier County employees from. receiving gifts or other items of value in connection with the performance of official duties. Said restrictions exist separate and independent from the provisions of this Ordinance and Part III, Ch. 112, Florida Statutes. (k) Nothing in this Ordinance shall be construed to chill, restrict or prohibit the free exercise - 3- of any citizen's constitutional rights, including, but not limited to, the right to petition his or her County government or exercise his or her rights of free speech. SECTION FIVE: DEFINITIONS (a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part III, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides other.wise. Advisory Board Member means any person appointed by the Board of County Commissioners to any County board, committee or authority which has any final decision-making authority. Such Boards include, but are not limited to: Airport Authority Collier County Code Enforcement Board Collier County Planning Commission Contractors Licensing Board Library Advisory Board Public Vehicle Advisory Committee Utility Authority County Employee shall mean any employee of Collier County, regardless of whether the employee is ultimately supervised by the Board of County Commissioners, the County Manage[ the County Attorney, the Airport Authority or the Executive Director of the Airport Authority. County Managerial Employee shall mean the County Manager, Assistant and/or Deputy County Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators, and Department and Authority Directors of Collier County Government. Also included in this definition are those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. Girl shall have the definition contained in Chapter 112, Part 1II, Florida StatUtes,~ with the following additions and exceptions: (1) Additions: a. Initiation fees. (2) Exceptions: "Gift" shall not include: - 4- ao bo co d° Salary, benefits, services, fees, commissions, gifts, or expenses associated solely with the donee's non-county employment, business, or service as an official or director of a corporation or organization. However, for purposes of this exemption from the definition of "gift" in this Ordinance, public servants may only engage in such non-county employment or economic activity if: (1) such non-county employment or economic activity does not create a conflict of interest as defined by Section 112.312(8), Florida Statutes, i..e., a situation in which regard for a private interest tends to lead to disregard of a public duty or interest; and (2) all applicable county administrative procedures governing such non-county employment or economic activity are followed. Contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. Gifts received from relatives, as defined in this section, or gifts received from a person who shares the same permanent legal residence at the time of the gift. However, no employee shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift from someone representing the vendor or a contracting party, including gifts from relatives. Food or beverage accepted when (i) offered free in the course of a professional or civic meeting or group function at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar, or educational conference. In addition to all other circumstances where this Ordinance allows public servants to accept food and beverages, and notwithstanding any other 'section of this Ordinance or personnel manual to the contrary, public officials and all county employees may accept food or beverage as mentioned above in this subsection and consumed at a single sitting or event only if the costs for said food or beverage do not exceed the rate for the appropriate per diem allowance for said fo go ho meal as provided in Chapter 112, Florida Statutes. If, under circumstances beyond the control of the donee, the costs exceed the per diem rate, the donee may accept said food or beverage but shall file a written disclosure statement within five working days of the acceptance with the County Manager on a form provided by the County Manager. The value of food or beverages, for purposes of this subsection, shall be the price that the consuming public would be expected to pay for the same item(s). Unsolicited advertising or promotional material such as pens, pencils, notepads, calendars, and other items of nominal commercial value may be accepted from individuals or entities that are not currently in a contractual relationship or reasonably likely to seek a contractual relationship with Collier County. Unsolicited job-related literature may be accepted as well. Gifts given for participation in a program, seminar, or educational conference when such gifts are: 1. Of nominal commercial value, and 2. In the nature of a remembrance traditional to the particular sponsoring entity, or 3. Provided to all participants in the program. An award, plaque, certificate, or similar personalized item of nominal commercial value given in recognition of the donee's public, civic, charitable, or professional service. A rate or terms on a debt, loan, goods, or services, which rate and terms are customary and are at a government rate and terms available to all other similarly situated government employees or officials, or rates and terms which are available to similarly situated members of the public by virtue of occupation, affiliation,. age, religion, sex, or national origin. ~ Food or beverage items when offered as a customary courtesy to all attendees at any business meeting or business activity at which attendance by the public servant(s) in question is required or appropriate for purposes of performing county job duties or county responsibilities, provided that such food or beverage items - 6- would have a reasonably estimate0 value of no more than $4.00 to any member of the consuming public. By way of example, such food and beverage items may include a cup of coffee, a soda, bottled water, cookies or donuts. Lobbying shall mean, for ~ compensation: influencing or attempting to influence legislative or quasi-judicial action or non-action through oral or written communication or an attempt to obtain the good will of a member or employee of the Board or of a Collier County advisory board or a quasi-judicial board. Lobbyist shall mean: (1) Any natural person who, for divec-t-compensation, seeks, or sought during the preceding twelve months, to influence the governmental decision-making of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding twelve months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. (2) A person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. (3) A person who registers with the Board as a lobbyis~t pursuant to this Ordinance. (4) Attorneys representing clients in quasi-judicial matters are not considered lobbyists or engaged in lobbying since, as judicial officers, their conduct is regulated exclusively by the judicial branch. However, attorneys representing clients or interests in legislative matters, for ~ compensation, are engaged in lobbying and are subject to the provisions contained in this Ordinance. Nominal Commercial Value means anything with marketplace. a value of less than $50.00 in the. Principal shall mean the person, firm, corporation, or other entity that has employed or retained a lobbyist. Procurement Employee means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government. - 7- Public Official means members of the Board of County Commissioners, advisory board members, and county managerial employees. Public Servant includes all public officials, as de, fined aSove, and all county employees of tke ............. v .................. as defined in this Ordinance. Relative, as used in this Ordinance, is one who is related to another by blood, marriage, or adoption. The following relationships are included in this definition: husband, wife, parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and half sister. Reporting Individual means any individual, including a candidate upon qualifying, who is required by law, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to file full or limited public disclosure of his or her financial interests or any individual who has been elected to, but has yet to officially assume the responsibilities of, public office. SECTION SIX: STANDARDS OF CONDUCT (a) A public servant shall not accept a gift, directly or indirectly, if he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties: (b) No public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift, directly or indirectly, from someone representing the vendor or a contracting party, including gifts from relatives. (c) The following provisions regarding gifts from lobbyists are enacted as additional and more stringent standards of conduct and disclosure requirements than those specified in Section 112.3148, Florida Statutes: (1) A reporting individual or procurement employee or any other person on his or her behalf. is prohibited from knowingly accepting, directly or indirectly, a gift ~from a political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist. However, such a gift may be accepted by such person on behalf of - 8- a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (2) A political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (d) The following gift prohibitions for public officials are enacted as additional and more stringent standards of conduct than those specified Section 112.3148, Florida Statutes: (1) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of monetary value, from anyone who the public official knows or reasonably should know: a. Has, or is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by the county department or board with which the public official is affiliated. c. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially affected by the performance or non-. performance of duties of the county public official. - e. Is in any way attempting to affect the official actions of the county public official. This paragraph is not intended to prohibit a public official from obtaining a loan from a financial institution at a rate and terms available to all other similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. - 9- (e) No public official shall solicit a contribution from another person for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from a subordinate public official. (f) No public servant shall solicit a contribution from another person for a gift to a supervisor, make a donation as a gift to a supervisor, or accept a gift from an employee he or she supervises, except as provided in subsection (g). (g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial value made between or amongst public servants on a special occasion or an established holiday. A special occasion, as contemplated in this section, includes those times when it has been regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace or community, hospitalization, the loss of a loved one, retirement, or other similar occurrences. Nor does this paragraph prohibit public servants from participating in fund-raising activities for charitable purposes. (h) This section does not apply to items of value excepted out of the definition for a gift. SECTION SEVEN: LOBBYIST REGISTRATION (a) All lobbyists shall, before engaging in any lobbying activities, register with the clerk to the board located at the board minutes and records department. Every lobbyist required to so register shall: register on forms prepared by the clerk; pay an annual registration fee of $25.00; and state under oath his or her name, business name and address, and the name and business address of each person or entity that has employed said registrant to lobby, as of the date of said registration. The registration shall be an annual registration and shall not require additional registration or amendment to the registration form by the lobbyist even if the lobbyist subsequently engages in lobbying for additional persons or entities. The purpose of the registration is merely to identify the registrant as a lobbyist. If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a lobbyist. However, pursuant to Section 112.3148, Florida Statutes, said registrant shall continue to appear on the list of lobbyists until the expiration of the time period set forth in said statute. In the event that the registrant neither withdraws nor re-registers, the registrant shall be placed on a - 10- "lobbyist status unknown" list for a period'of 12 months from the expiration of the annual registration. The registration fee of $25.00 is nonrefundable. (b) Annual registration shall be required and shall initially commence on March 22, 1999. Thereafter, annual registration shall occur on or after October 1, of each year. Registration by lobbyists shall occur at any time during the calendar year provided that it occurs prior to the lobbyist engaging in any lobbying activity. (c) The registration fee required by this section shall be maintained by the clerk to the board and shall be deposited into a separate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall not be charged a fee for filing the form for removal from the lobbyist list. (d) The following persons shall not be required to register as lobbyists: (1) Any public officer, employee or appointee who appears in his or her official capacity. (2) Law enforcement personnel conducting an investigation. (3) Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support or opposition to any item. (4) Any person who only appears as a representative of a neighborhood association without special compensations or reimbursement for their appearance, whether direct, indirect or contingent, to express support or opposition to any item. (5) Attorneys representing clients before a quasi-judicial body. (e) The clerk to the board shall keep accurate and complete records regarding lobbyist registration including an up-to-date list of all lobbyist registrations, lobbyists withdrawals from the list and a "lobbyist status unknown" list. (f) A registration form that is not renewed (along with payment of the $25.00 annual registration fee) by October 1 of each year, shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. (g) The validity of any action or determination of the board or of any county personnel, board or committee, shall not be affected by failure of any lobbyist to comply with the provisions of this section. 11- SECTION EIGHT: POST-EMPLOYMENT RESTRICTIONS (a) No county managerial employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards for a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining. (b) For a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining, no county employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards on a matter in which he or she had material personal involvement during his or her period of county employment. SECTION NINE: SUPPLEMENTAL PROVISIONS This Ordinance sets forth more stringent supplemental standards of conduct in addition to the requirements of Chapter 112, Part III, Florida Statutes, entitled "Code of Ethics for Public Officers and Employees." This Ordinance shall not be construed to authorize or permit any conduct or activity that is in violation of Chapter 112, Part I~, Florida Statutes. In the event of a conflict between the provisions of this Ordinance and Chapter 112, Part l]~, Florida Statutes, the more restrictive/stringent provisions shall apply. It shall be the duty of each commissioner and of all county managerial employees and reporting individuals to become familiar with the Collier County Ethics Ordinance. To this end, the human resources director shall annually distribute to each such person a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Employees" (or similar Florida Commission on Ethics publication) and a copy of this Ordinance. The specific duties set forth in this section of the Ordinance regarding familiarity with the ethics rules and distribution of informative materials shall not be subject to the penalties set forth in this Ordinance. SECTION TEN: PENALTIES Pursuant to Section 125.69, Florida Statutes, a person who violates any p~ovision of this Ordinance shall be subject to prosecution in the name of the state in the manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the Collier County Jail not to exceed sixty (60) days or by both such fine and imprisonment. - 12- 8D SECTION ELEVEN: AMENDING ORDINANCE NUMBER 2003-53 Collier County Ordinance Number 2003-53, known as the Collier County Ethics Ordinance, is hereby amended as of the effective date of this Ordinance. SECTION TWELVE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida, amending Collier County Ordinance Number 2003- 53. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: DEPUTY CLERK , CHAIRMAN Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 13- January 9, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 2003-53 Dear Georgia: Please advertise the above referenced notice on Friday, January 16, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 001-100510-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 27 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2003-53 KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE; PROVIDING A TITLE AND CITATION; PROVIDING SCOPE; PROVIDING A STATEMENT OF POLICY; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING STANDARDS OF CONDUCT; PROVIDING FOR LOBBYIST REGISTRATION; PROVIDING FOR POST-EMPLOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; PROVIDING PENALITIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jenneiohn To: Subject: Georgia (E-mail) Ordinance Amending 2003-53 Georgia, Please advertise the attached on Friday, January 16, 2004. Thank you, ORD.AHEND.2003- 53 Ethics Ord.d.,, ORD.AMEND.ETH1[C S ORD.2003-53,d.., A~n Min,tes & Records Ann P. Jenneiohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, January 09, 2004 10:23 AM Ann P. Jennejohn Delivered: Ordinance Amending 2003-53 Ordinance Amending 2003-53 <<Ordinance Amending 2003-53>> Your message To: Georgia (E-mail) Subject: Ordinance Amending 2003-53 Sent: Fri, 9 Jan 2004 10:34:33 -0500 was delivered to the following recipient(s): legals on Fri, 9 Jan 2004 10:23:22 -0500 Ann P. Jenneiohn From: Sent: To: Subject: postmaster@clerk.collier.fi.us Friday, January 09, 2004 10:35 AM Ann P. Jennejohn Delivery Status Notification (Relay) A'l-r487224.txt Ordinance Amending 2003-53 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Ordinance Amending 2003-53 ..~ .Page 1 afl Ann P. Jennejohn From: legals [legals@naplesnews.com] Sent: Friday, January 09, 2004 1:57 PM To: Ann P. Jennejohn Subject: RE: Ordinance Amending 2003-53 rcvd to run 1/16 thanks georgia ..... Original Message ..... From: Ann P..lennejohn [mailto:Ann.Jennejohn@clerk.collier.fl.us] Sent: Friday, 3anuary 09, 2004 10:35 AM To: Georgia (E-mail) Subject: Ordinance Amending 2003-53 Georgia, Please advertise the attached on Friday, January 16, 2004. Thank you, < <ORD.AMEND. 2003-53 Ethics Ord. doc> > Ann Minutes & Records < <ORD.AMEND. ETHICS ORD. 2003-53. doc>> 1/9/2004 'Naple~ Daily News :,,~ ~ Naples, FL 34102 ~~ ~8[,~ Affidavit of Publication Naples Daily News ~!%!~F~~~ BOARD OF COUNTY COMMISSIONERS , ?a~,m{~:~t. Naples,~ CHERI LEF~ ~ ~ PO BOX 413016 w~l e~r ~ NAPLES FL 34101-3016 ~ cm atg:~ ~M~ The title of the Pro-/ ~Ordinance iS ~l Persons'w shing to AN OR~NCE ~L' have wrl~n or gr.~c / materl~ls included in ~~: 00~30 00~00~0~9 LI;R COUNTY, FLORA the ~d ao~da ~- ~8~858~8 ~O~C~ O~ ~ ~0 i A~N~ ORDiNal ets must submit said N M ~ R 2003.~ ma~a~n~umof In any c~, ~ ma- Be~o~e ~e unde~&9~ed au~o~t~, pe~ona11~ : terlalSco~lde~intendedby ~ tO~dbe appeared B. La~, who on oath says that she serves ~~1~ the~alla,,ro,rlatebe submitte.c0untyt0 Assistant sta~ m ml~tmum of soy- as Co~orate Secretary of the Naples e~ days ~10r to the~ Daily News, a daily newspaper published at Naples, INO STAND'ARD$ 0~ ~ubllchea~.O. A ma-I in Collier County, Florida: that the attached ~~ ~ ~rl~ ~d ~ copy of advertising was published in said ~ -~. will become a perma-I newspaper on dates listed. ~~~[F T nent~of~rec0~. Affiant further says that the said Naples Daily ~M~L Any peson who dec News is a newspape~ published at Naples, in said ~; ~NO esto~pe61adecl~on~ P~AL~ PRoVI~NG of ~'~ will ~ a Colliez Count~, Flozida, and that the said F~ ~S;V- newspape~ has heze~o[o~e been continuously record of the pr~eed- Ings Pe~aln]~9 thereto F~ t~ION IN THE and 'the'reTore, may published in said Collie~ Count~, Florida, each ~ ~ ~AND~- need to ensu~ that a day and has been entered as second class mail ~NO~AND ~D- verbatim record of the ~ ~ ~VE DA~ matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/16 AD SPACE: 129.000 INCH FILED ON: 01/16/04 Signature of Affiant ,/L/ · . ........ Sworn to and Subscribed before me this //~day Personally known by me A~_~:~ :.:~:.~ MY C0UMISSION ,, o; ~,,' BONDED THRU TROY FAIN INSURANCE, INC ~ra~tnce'&re on filel ~lth the Clerk to thel ~ ~ ~ avMl~lel ~r 1~1o~ Ali I~r- es~ ~ ~: in~l NO~: All p~s wish. lng to ~pe~k on ~OYl ~ m~ Ind~vl~al ~Wllll be ~ml~d to 5 s~ ~, b~alf ~ an o~ Or g~ Is nlz~ by th~ cnmrman, a spoke~'p~ for a may ~ ~1~ ~0 mm- proceedings Is made which record Include., the testimony and evl. dence ul)on which the appeal Is based. ' ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, CHAIR. MAN DWIGHT E. BROCK CLERK ' By: /s/Ann JenneJohn, ~S~Lt~clerk Jan. 16 No. 450526 ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2003-53 KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE; PROVIDING A TITLE AND CITATION; PROVIDING SCOPE; PROVIDING A STATEMENT OF POLICY; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING STANDARDS OF CONDUCT; PROVIDING FOR LOBBYIST REGISTRATION; PROVIDING FOR POST-EMPLOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part 1II, Florida Statutes, establishes a code of ethics and provides standards of conduct for public officers and employees; and WHEREAS, the Board previously adopted a Collier County Ethics Ordinance to complement and enhance the State standards set forth in Chapter 112, Florida Statutes, in order to further the public's trust in their local government; and WHEREAS, the Board desires, through this Ordinance, to clarify and strengthen the Collier County Ethics Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Code of Laws and Ordinances of Collier County, Florida, shall read as follows: SECTION ONE: TITLE AND CITATION This Ordinance shall be known and cited as the "Collier County Ethics Ordinance." SECTION TWO.' SCOPE This Ordinance shall apply to all public servants of the Collier County Board of County Commissioners, which includes public officials, whether elected or appointed, and all county employees. SECTION THREE: STATEMENT OF POLICY It is the public policy of Collier County that public servants work for the benefit of the citizens of Collier County. It is the responsibility of each public servant to act in a manner that contributes to ensuring the public's trust in its government. In particular, to always be honest with the public they serve, and to be good stewards of the tax dollars entrusted to them. To this end, an individual covered by this Ordinance shall (1) not use his or her position as a public servant for unlawful gain or enrichment, (2) avoid conduct that gives the appearance of impropriety in the performance of his or her public duties, and (3) not accept any items of value - 1 - Words stn:c!: t~rm:g~ are deleted, words underlined are added. if the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. The statement of policy and general standards of conduct set forth in this section are not subject to the penalties provided for in this Ordinance. SECTION FOUR: FINDINGS (a) The report submitted to the Collier County Board of County Commissioners ("Board') on September 15, 1998, by the Ad Hoc Ethics Standards Review Committee ("Committee"), recommended the adoption of a local ethics code. (b) The Board finds that the legislative intent and declaration of policies set forth in Section 112.311, Florida Statutes, sets forth a laudable philosophy regarding the purpose, scope and application of ethics laws in relation to county officers and employees. Moreover, the Board also finds, based on the Committee's report, that additional, more stringent requirements are needed with regard to lobbyists, gifts, and post-county employment restrictions in order to promote and protect the public trust in its local government. (c) Section 112.326, Florida Statutes, authorizes the Board to impose more stringent standards of conduct and disclosure requirements, beyond those specified in Chapter 112, Part III, Florida Statutes, upon its own officers and employees provided that said standards of conduct and disclosure requirements do not otherwise conflict with Chapter 112, Part m, Florida Statutes. (d) Section 125.69(1), Florida Statutes, provides, in pertinent part, that violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board further finds that an efficient and effective method for the determination of allegations of violations of the additional more stringent ethical standards set forth in this Ordinance is through local enforcement thereof. (e) Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance establishing post-employment restrictions for certain designated county employees. (f) The Board finds that preservation of the integrity of the governmental decision-making process is essential to the continued functioning of an open government. Therefore, in order to - 2 Words struclc t~mugh are deleted, words underlined are added. preserve and maintain the integrity of the process and to better inform the citizens of efforts to influence legislative branch action, the Board finds it appropriate to require public registration and disclosure of the identity of certain persons who attempt to influence actions of the Board or actions of any of the County's quasi-judicial boards. (g) Section 112.3148(2)(b), Florida Statutes, authorizes the Board to establish a local registration process for lobbyists. The Board finds that such a registration process serves to promote and protect governmental integrity as well as to foster open government. The Board further finds that such a public registration process for lobbyists may assist to promote full compliance by lobbyists with the lobbyist gift reporting requirements set forth in Section 112.3148, Florida Statutes. (h) The Board finds that more stringent requirements are needed with regard to the value of gifts that may be provided by lobbyists to public officers and employees beyond the standards set forth in Section 112.3148, Florida Statutes. Specifically, the Board finds that a zero gift limit, rather than $100.00 as set forth by Section 112.3148, Florida Statutes, should be enacted in order to better promote and preserve the integrity of the governmental decision-making process. (i) The Board finds that additional gift prohibitions are necessary for public officials prohibiting the receipt of any gift or any other thing of monetary value from anyone who the public official knows or reasonably should know is any way attempting to affect the official actions, business or finances of the county or from anyone that has an interest that may be substantially affected by the performance or nonperformance of duties of a public official. The Board further finds that prohibitions are necessary in regard to gifts between official superiors and subordinate public officials in order to preserve the ethical integrity of the performance of public service by County human resources. (j) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311(F) (Code of Ethics/Standards of Conduct), restricts Collier County employees from receiving gifts or other items of value in connection with the performance of official duties. Said restrictions exist separate and independent from the provisions of this Ordinance and Part Ill, Ch. 112, Florida Statutes. (k) Nothing in this Ordinance shall be construed to chill, restrict or prohibit the free exercise - 3 Words o,~,ov ~, .....~, ............. ~,,, are deleted, words underlined are added. of any citizen's constitutional rights, including, but not limited to, the right to petition his or her County government or exercise his or her rights of free speech. SECTION FIVE: DEFINITIONS (a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part 1II, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides otherwise. Advisory Board Member means any person appointed by the Board of County Commissioners to any County board, committee or authority which has any final decision-making authority. Such Boards include, but are not limited to: Airport Authority Collier County Code Enforcement Board Collier County Planning Commission Contractors Licensing Board Library Advisory Board Public Vehicle Advisory Committee Utility Authority County Employee shall mean any employee of Collier County, regardless of whether the employee is ultimately supervised by the Board of County Commissioners, the County Manager, the County Attorney, the Airport Authority or the Executive Director of the Airport Authority. County Managerial Employee shall mean the County Manager, Assistant and/or Deputy County Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators, and Department and Authority Directors of Collier County Government. Also included in this definition are those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. Girl shall have the definition contained in Chapter 112, Part 11I, Florida Statutes, with the following additions and exceptions: (1) Additions: a. Initiation fees. (2) Exceptions: - 4 Words stv.'.ck thrzugh are deleted, words underlined, are added. "Gift" shall not include: bo Co do Salary, benefits, services, fees, commissions, gifts, or expenses associated solely with the donee's non-county employment, business, or service as an employee, official or director of a corporation or organization. However, for purposes of this exemption from the definition of "gift" in this Ordinance, public servants may only engage in such non-county employment or economic activity if: (1) such non-county employment or economic activity does not create a conflict of interest as defined by Section 112.312(8), Florida Statutes, i.e., a situation in which regard for a private interest tends to lead to disregard of a public duty or interest; and (2) all applicable county administrative procedures governing such non-county employment or economic activity are followed. Contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. Gifts received from relatives, as defined in this section, or gifts received from a person who shares the same permanent legal residence at the time of the gift. However, no ~ public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift from someone representing the vendor or a contracting party, including gifts from relatives. Furthermore, no public servant shall participate in permitting or inspection decisions if that employee has received a gift from the permit or inspection applicant/potential recipient or the applicant/potential recipient's principal, including gifts from relatives. Food or beverage accepted when (i) offered free in the course of a professional or civic meeting or group function at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar, or educational conference. Words o, .... ~. ,~, ..... r. ............. ~,,, are deleted, words underlined are added. go 8O In addition to all other circumstances where this Ordinance allows public servants to accept food and beverages, and notwithstanding any other section of this Ordinance or personnel manual to the contrary, public officials and all county employees may accept food or beverage as mentioned above in this subsection and consumed at a single sitting or event only if the costs for said food or beverage do not exceed the rate for the appropriate per diem allowance for said meal as provided in Chapter 112, Florida Statutes. If, under circumstances beyond the control of the donee, the costs exceed the per diem rate, the donee may accept said food or beverage but shall file a written disclosure statement within five working days of the acceptance with the County Manager on a form provided by the County Manager. The value of food or beverages, for purposes of this subsection, shall be the price that the consuming public would be expected to pay for the same item(s). Unsolicited advertising or promotional material such as pens, pencils, notepads, calendars, and other items of nominal commercial value may be accepted from individuals or entities that are not currently in a contractual relationship or reasonably likely to seek a contractual relationship with Collier County. Unsolicited job-related literature may be accepted as well. Gifts given for participation in a program, seminar, or educational conference when such gifts are: 1. Of nominal commercial value, and 2. In the nature of a remembrance traditional to the particular sponsoring entity, or 3. Provided to all participants in the program. An award, plaque, certificate, or similar personalized item of nominal commercial value given in recognition of the donee's public, civic, charitable, or professional service. A rate or terms on a debt, loan, goods, or services, which rate and terms are customary and are at a government rate and terms available to all other similarly situated government employees or officials, or rates and terms which are available Words struck through are deleted, words underlined are added. to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. i. Food or beverage items when offered as a customary courtesy to all attendees at any business meeting or business activity at which attendance by the public servant(s) in question is required or appropriate for purposes of performing county job duties or county responsibilities, provided that such food or beverage items would have a reasonably estimated value of no more than $4.00 to any member of the consuming public. By way of example, such food and beverage items may include a cup of coffee, a soda, bottled water, cookies or donuts. Lobbying shall mean, for dir-ec-4 compensation: influencing or attempting to influence legislative or quasi-judicial action or non-action through oral or written communication or an attempt to obtain the good will of a member or employee of the Board or of a Collier County advisory board or a quasi-judicial board. Lobbyist shall mean: (1) Any natural person who, for direeCcompensation, seeks, or sought during the preceding twelve months, to influence the governmental decision-making of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding twelve months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. (2) A person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. (3) A person who registers with the Board as a lobbyist pursuant to this Ordinance. (4) Attorneys representing clients in quasi-judicial matters are not considered lobbyists or engaged in lobbying since, as judicial officers, their conduct is regulated exclusively by the judicial branch. However, attorneys representing clients or interests in legislative matters, for ~ compensation, are engaged in lobbying and are subject to the provisions contained in this Ordinance. - 7 Words stv.'.c!c through are deleted, words underlined are added. 8// Nominal Commercial Value means anything with a value of less than $50.00 in the marketplace. Principal shall mean the person, firm, corporation, or other entity that has employed or retained a lobbyist. Procurement Employee means any county employee who actively participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities. Public Official means members of the Board of County Commissioners, advisory board members, and county managerial employees. Public Servant includes all public officials, a~ defined above, and all county employees~ of-the ............ ., ................... as defined in this Ordinance. Relative, as used in this Ordinance, is one who is related to another by blood, marriage, or adoption. The following relationships are included in this definition: husband, wife, parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and half sister. Reporting Individual means any public servant, who is required by law, pursuant to Article II, Section 8 of the State Constitution or Section 112.3145, Florida Statutes, to file full or limited public disclosure of his or her financial interests or any individual who has been elected to, but has yet to officially assume the responsibilities of, public office. SECTION SIX: STANDARDS OF CONDUCT (a) A public servant shall not accept a gift, directly or indirectly, if he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. (b) No public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift, directly or indirectly, from someone representing the vendor or a contracting party, including gifts from relatives. Furthermore, no public servant shall ............. ~,,, are deleted, words underlined are added. participate in permitting or inspection decisions if that employee has received a gift from the permit or inspection applicant/potential recipient or the applicant/potential recipient's principal, including gifts from relatives. (c) The following provisions regarding gifts from lobbyists are enacted as additional and more stringent standards of conduct and disclosure requirements than those specified in Section 112.3148, Florida Statutes: (1) A reporting individual or procurement employee or any other person on his or her behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist. However, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (2) A political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (3) The prohibitions set forth in this Section 6 at (c)(1) and (c)(2) above are not intended to and shall not prevent a reporting individual or procurement employee who is a declared candidate for elective public office from accepting campaign contributions to the extent allowed by state or federal law. (d) The following gift prohibitions for public officials are enacted as additional and more stringent standards of conduct than those specified Section 112.3148, Florida Statutes: - 9 are deleted, words underlined are added. 80 ..... , 'iW¡f (1) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation, I gift, gratuity, favor, food, entertainment, loan, or any other thing of monetary value, from anyone who the public official knows or reasonably should know: a. Has, or is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by the county department or board with which the public official is affiliated. c. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially affected by the performance or non- performance of duties of the county public official. e. Is in any way attempting to affect the official actions of the county public official. This paragraph is not intended to prohibit a public official from obtaining a loan from a financial institution at a rate and terms available to all other similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. (e) No public official shall solicit a contribution from another person for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from a subordinate public official. (f) No public servant shall solicit a contribution from another person for a gift to a supervisor, make a donation as a gift to a supervisor, or accept a gift from an employee he or she supervises, except as provided in subsection (g). (g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial value made between or amongst public servants on a special occasion or an established holiday. A special occasion, as contemplated in this section, includes those times when it has been regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace or community, hospitalization, the loss of a loved one, retirement, or other similar occurrences. Nor does this paragraph prohibit public servants from participating in fund-raising activities for charitable purposes. lO- Words struck through are deleted, words underlined are added. ,- r 80 .,.¡ oi',f (h) This section does not apply to items of value excepted out of the definition for a gift. SECTION SEVEN: LOBBYIST REGISTRATION (a) All lobbyists shall, before engaging in any lobbying activities, register with the clerk to the board located at the board minutes and records department. Every lobbyist required to so register shall: register on forms prepared by the clerk; pay an annual registration fee of $25.00; and state under oath his or her name, business name and address, and the name and business address of each person or entity that has employed said registrant to lobby, as of the date of said registration. The registration shall be an annual registration and shall not require additional registration or amendment to the registration form by the lobbyist even if the lobbyist subsequently engages in lobbying for additional persons or entities. The purpose of the registration is merely to identify the registrant as a lobbyist. If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a lobbyist. However, pursuant to Section 112.3148, Florida Statutes, said registrant shall continue to appear on the list of lobbyists until the expiration of the time period set forth in said statute. In the event that the registrant neither withdraws nor re-registers, the registrant shall be placed on a "lobbyist status unknown" list for a period of 12 months from the expiration of the annual registration. The registration fee of $25.00 is nonrefundable. (b) Annual registration shall be required and shall initially commence on March 22, 1999. Thereafter, annual registration shall occur on or after October 1, of each year. Registration by lobbyists shall occur at any time during the calendar year provided that it occurs prior to the lobbyist engaging in any lobbying activity. (c) The registration fee required by this section shall be maintained by the clerk to the board and shall be deposited into a separate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall not be charged a fee for filing the form for removal from the lobbyist list. (d) The following persons shall not be required to register as lobbyists: (1) Any public officer, employee or appointee who appears in his or her official capacity. (2) Law enforcement personnel conducting an investigation. 11- Words struck through are deleted, words underlined are added. !!' ~. 80 ~;f!oo. . ." ..." . . /f /':;1 (3) Any person who only appears in his or her individual capacity for the purpose of self- ~...v representation without compensation or reimbursement, whether direct, indirect or contingent, to express support or opposition to any item. (4) Any person who only appears as a representative of a neighborhood association without special compensations or reimbursement for their appearance, whether direct, indirect or contingent, to express support or opposition to any item. (5) Attorneys representing clients before a quasi-judicial body. (e) The clerk to the board shall keep accurate and complete records regarding lobbyist registration including an up-to-date list of all lobbyist registrations, lobbyists withdrawals from the list and a "lobbyist status unknown" list. (f) A registration form that is not renewed (along with payment of the $25.00 annual registration fee) by October 1 of each year, shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. (g) The validity of any action or determination of the board or of any county personnel, board or committee, shall not be affected by failure of any lobbyist to comply with the provisions of this section. SECTION EIGHT: POST -EMPLOYMENT RESTRICTIONS (a) No county managerial employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards for a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining. (b) For a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining, no county employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards on a matter in which he or she had material personal involvement during his or her period of county employment. SECTION NINE: SUPPLEMENTAL PROVISIONS This Ordinance sets forth more stringent supplemental standards of conduct in addition to the requirements of Chapter 112, Part III, Florida Statutes, entitled "Code of Ethics for Public Officers and Employees." This Ordinance shall not be construed to authorize or permit any 12 - Words struck through are deleted, words underlined are added. -..,.,- 80 ;' :,' '" '.~;¥ .~!":~ '...,' conduct or activity that is in violation of Chapter 112, Part III, Florida Statutes. In the event of a conflict between the provisions of this Ordinance and Chapter 112, Part III, Florida Statutes, the more restrictive/stringent provisions shall apply. It shall be the duty of each commissioner and of all county managerial employees and reporting individuals to become familiar with the Collier County Ethics Ordinance. To this end, the human resources director shall annually distribute to each such person a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Employees" (or similar Florida Commission on Ethics publication) and a copy of this Ordinance. The specific duties set forth in this section of the Ordinance regarding familiarity with the ethics rules and distribution of informative materials shall not be subject to the penalties set forth in this Ordinance. SECTION TEN: PENALTIES Pursuant to Section 125.69, Florida Statutes, a person who violates any provision of this Ordinance shall be subject to prosecution in the name of the state in the manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the Collier County Jail not to exceed sixty (60) days or by both such fine and imprisonment. SECTION ELEVEN: AMENDING ORDINANCE NUMBER 2003-53 Collier County Ordinance Number 2003-53, known as the Collier County Ethics Ordinance, IS hereby amended as of the effective date of this Ordinance. SECTION TWELVE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida, amending Collier County Ordinance Number 2003- 53. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. 13- Words struck through are deleted, words underlined are added. ~" 80 '.'4 .-.~' EFFECTIVE DATE . ' .. I This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2004. ATTEST' \"y\!111i!ri) . ',', '.\ ;'Ii t< - ,.if "~"I"" -~ - :.:' I) ,,- t I -.",\..1\- ,., Dwight E..B)t:.~~'..~~,;~·'i~", , "¡-~. _ 3... ~ ~ ~0 ,/ "~~',7'"" 'V.-t-·:( ~, . .<Þ _ o· _ ¿ >:' .~.~_!,I', ". If;<:'.:o ~ I.. :: .,,: ';,;.\I;.\~il¡!.."'~". ~ -:.~ ~ BY' .."..: ~.:~~:...., .: .': ~~ n . w: .' . JV'" . DEP!.JT.*" C . ..':\~" "/ : \. ~ ~ ""'-' ~.. . Attest '",~·,tbr1~i~'s slgnatureonli~~'" .' BOARD OF COUNTY COMMISSIONERS COlLIER C0u;t)Y, FLORIDA . BY: ~ d4 Donna Fiala, CHAIRMAN Approved as to form and legal sufficiency: L~/-vjJ~ Michael W. Pettit Chief Assistant County Attorney 14 - Words struck through are deleted, words underlined are added. 80 .... .. ',:q STATE OF FLORIDA) ".. .1 COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-05 Which was adopted by the Board of County Commissioners on the 27th day of January, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 2004. DWIGHT E. BROCK ..I.\1.I.'II/).p.. " Clerk of Courts,aIJ.Q"rl..ä~lJ;).\. . ~ _.... A... ~....~ · "1 I, Ex-off icio to .BQ.à:t.a.·øof:~:\ . . I ~ ,,' '. '-:,j\.. ~~ County Comm~ssJ.,Oner~ \:.f ~:. .: ", .: ,'..... - "f-":~ Q .....~. ":~. ,. '1··_.~ ~~;.; ~ 0 ~.~; i~t·. .,\l},:~.$:1~f . . . . ':/4;: ;'i','~ ~ ¡ _, -""': " <) " -11111.~r;'} 1-~ .'.+ : " "v' :.',~~"" .....J 'J' "''''' ~ .~:; .~. "'. ..-'--~ .'~ .~At¡ :.' By: L~nda A. H",uqE¡X,'-\" '1:,,~' . ;..._ 1''''\' :'!f*' Deputy Clerk ':'....'·1· ';~,:,',\\ , .' .. I , 11 \ :, ~ \ \ ~ --"--'-'-~--'---. ----.----...--,-.- ...._---~".._~--'"_..__._._-,------ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: [] Normal legal Advertisement (Display Adv., location, etc.) [] Other: Originating Dept/Div: Domestic Animal Services Person: Jodi Walters Date: 1/7/04 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before (XX) BCC BZA Other Requested Heating date: (Based on advertisement appearing 10 days before hearing. January 27, 2004 Newspaper(s) to be used: (Complete only if important): [] Naples Daily News [] Other Proposed Text: (Include legal description & common location & Size: ['-]Legally Requ~ed AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ATTENDANCE REQUIREMENTS AND TERMINATION FROM OFFICE; PROVIDING OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: 001-155410. Rede, wed by: i 's~n dministrator or Designee List A~tachments:. P. roposed Ordinance D ate DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other heatings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ~ Date Received:[-c~ ~)0 ¥ Date of Public hearing: [°~'-)"~10~ Date Advertised: ~~'~ ORD;ENANCE NO. 2004- AN ORD;ENANCE OF THE BOARD OF COUNTY COMMI'SSI'ONERS OF COLLTER COUNTY, FLORI'DA, ESTABLI'SHI'NG THE ANI'MAL SERVI'CES ADV1'SORY BOARD; PROV'rD;ENG FOR CREAT;EON AND PURPOSE; PROV;ED;ENG FOR APPO]'NTMENT AND COMPOS;ET;EON; PROV;ED;ENG FOR TERMS OF OFF]'CE; PROVTDTNG FOR ATTENDANCE REQUTREHENTS AND TERM;ENAT;EON FROM OFF;ECE; PROV;ED;ENG OFF;ECERS, QUORUM AND RULES OF PROCEDURE; PROVI'DI'NG FUNCT?ONS, POWERS AND DUTI'ES; PROVI'DI'NG FOR REI'MBURSEMENT OF EXPENSES; PROV1'DI'NG FOR REVTEW; PROV1'DI'NG FOR CONFLI~CT AND SEVERABI'L;ETY; PROVI'D;ENG FOR ;ENCLUS;EON ;EN THE CODE OF LAWS AND ORD;ENANCES; AND PROVTDTNG FOR AN EFFECTTVE DATE. WHEREAS, the National Animal Control Association conducted an evaluation of Domestic Animal Services, and recommends the establishment of an Animal Services Advisory Board to generate community involvement in animal services ~ and related activities; and WHEREAS, it is the desire of the Board of County Commissioners to establish an Animal Services Advisory Board to assist the County's Domestic Animal Services Department in providing the best possible service to the community. NOW, THEREFORE, BE ;ET ORDA;ENED BY THE BOARD OF COUNTY COMM;ESS;EONERS OF COLL;EER COUNTY, FLOR;EDA, that: SECT;EON ONE: Creation and Purpose. The Board of County Commissioners hereby establishes the Animal Services Advisory Board (the "Board") to generate community involvement in order to aid the Collier County Domestic Animal Services Department in providing the best possible services throughout Collier County. SECT;EON TWO: Appointment and Composition. 1. The Board shall be composed of seven (7) members with experience including, but not limited to, the following: a. one (1) Collier County Humane Society representative; b. one (1) veterinarian or veterinarian technician; c. one (1) County law enforcement representative; d. one (1) citizen in the pet retail, boarding or grooming industry; e. one (1) representative from an animal rights group based in Collier County; and f. two (2) citizens at large. 2. Members shall be appointed and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. 3. Appointment of members shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. SECTZON THREE: Terms of Office. The initial terms of office of the Board shall be as follows: 1. Three (3) members shall serve a term of four (4) years. 2. Two (2) members shall serve a term of three (3) years. 3. Two (2) members shall serve a term of two (2) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. All appointments shall be in accordance with Collier County Ordinance No. 2001-55, the Collier County General Advisory Boards' Ordinance, as it may be amended or by its successor ordinance. Appointments to fill vacancies on the Board shall be for the unexpired term of oMce. SECTZON FOUR: Attendance Requirements; Termination from Office. Any member of the Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. Board member attendance requirements, including failure to attend meetings and removal from office are governed by Collier County Ordinance No. 2001-55, as it may be amended or by its successor ordinance. SECT[ON FIVE: Officers~ Quorum; Rules of Procedure. 1. Annually, the membership of the Board shall elect a Chairman, Vice Chairman, and Secretary from among the members. Officers' terms shall be for one (:L) year with eligibility for reelection. 2. The Presence of four (4) or more members shall constitute a quorum of the Board necessary to take action and transact business. Tn addition, an affirmative vote of 4 or more shall be necessary in order to take official action. 3. The Board shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Board minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Functions, Powers and Duties. The Board shall hold meetings monthly, unless otherwise stated. The functions, powers and duties of the Board shall be as follows: a. To make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. To analyze and review construction and improvements to Domestic Animal Services facilities and to make recommendations to the Board of County Commissioners regarding such facilities. The conduct of all meetings of the Board shall be in accordance with the Government/n the Sunshine IYanual and Roberts Ru/e$ of Order. 2 SECTION ELEVEN: This Ordinance State. SECTION SEVEN: Reimbursement of Expenses. Members of the Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION EIGHT: Review. In accordance with Ordinance No. 2001-55, as it may be amended or by its successor ordinance, the Animal Services Advisory Board shall be reviewed every four (4) years, commencing in 2008. SECTION NINE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TEN: Inclusion In The Code Of Laws And Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Effective Date. shall become effective upon filing with the Secretary of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2004. A'I-FEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Chairman Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney MWP/kn:h; public; kay; ordinances 3 Donna Fiata District 1 Frank Hatas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239)~774-3602 F. acl comm. Redo CoPY January 28,2004 Gregory S. Fatovic Satire Aircraft Company Opa Locka Airport 15001 NW 42nd Avenue Building 47 Miami, FL 33054 Dear Mr. Fatovic: On behalf of the Board of County Commissioners of Collier County, the Economic Development Council of Collier County and the Collier County Airport Authority, I want to express our strong support of Satire Aircraft to locate your new assembly and production facility at the Florida Tradeport in lmmokalee. On Tuesday, January 27, 2004, at our regularly scheduled Board meeting, my fellow County Commissioners and I unanimously approved the following economic incentives to provide to Satire Aircraft to demonstrate our commitment to recruiting your company to Collier County. · The Board authorized the Collier County Airport Authority, in conjunction with the County Manager, to negotiate a lease with your company. The main terms of the lease would allow 50 acres to be leased for up to 50 years. The first 10 years would be rent- free. The remaining 40 years would begin at $0.10 per square foot in year 11, plus CPI, per year. The lease agreement will be brought back to the Board for final approval on March 9, 2004. · The Board approved the funding of $6 million for the development of a "pad ready" site for Satire Aircraft and approved applying for an additional $2 million from the State of Florida's Economic Development Transportation Fund. The County Manager is further authorized to negotiate an agreement with your company on the "pad ready" site and will bring the agreement back to the Board for final approval on March 9, 2004. · The Board approved a Job Creation Incentive of $1 million based on Satire creating 1,000 new jobs in Collier County by 2010. This incentive is paid in three equal payments and will be available once each of the job phases is complete. · The Board approved the Fee Payment Assistance Program, an incentive to offset the cost for impact fees. The value of this incentive is approximately $1.74 million. · The Board approved the Broadband Infrastructure Incentive providing Satire Aircraft a reimbursement of up to $25,000 for the installation of Broadband services. · Lastly, the Board authorized County Staff to propedy advertise and submit two resolutions: (1) Brownfield Area Resolution designating the Immokalee Enterprise Zone as a Browntield Area to allow Satire Aircraft to qualify for additional job creation incentives through Florida Qualified Target Industry Tax Refund Program, and Page 2 Satire Aircraft Company (2) A resolution authorizing the submittal of Satire Aircraft as a Qualified Target Industry company which, along with the Brownfield Bonus, would provide up to $9,500 per new Florida job. The total amount Satire Aircraft may qualify for is $6.65 million, of which our local community will pay 20% at $1.33 million, and the remainder provided through'.the state of Flodda, if approved by the Governor's Office. In short, we want Satire Aircraft to locate its state-of-the-art production and assembly facility at the Florida Tradeport in Immokalee. I have enclosed a copy of the videotape of the Board proceedings as a means of further corroboration of our support. In addition, I have enclosed a copy of the Executive Summaries as presented on Tuesday for your reference. Collier County is committed to supporting the growth of new high-wage aviation and technology companies, particularly in the Flodda Tradeport. We are pleased to have had the opportunity to put into use the economic incentives that we recently passed last November. As Satire Aircraft moves forward in your decision making process, we look forward to working with you to the benefit of both Satire Aircraft and Collier County. We pledge our commitment to meet your timelines and provide every resource needed to assist Satire Aircraft in your move to Collier County. Please feel free to contact me or Jim Mudd, County Manager at 239-774-8383, should you have any questions or need any additional information. Chairman Collier County Board of Commissioners CC: James Mudd, Manager, Collier County Gene Schmidt, Executive Director, Collier County Airport Authority Tammie Nemecek, Executive Director, Economic Development Council of Collier County January 9, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD Dear Georgia: Please advertise the above referenced notice on Friday, January 16, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 001-155410 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, JANUARY 27 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ATTENDANCE REQUIREMENTS AND TERMINATION FROM OFFICE; PROVIDING OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR REIMBURSEMENT OF EXPENSES! PROVIDING FOR REVIEW; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTEs All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk ( SEAL ) Ann P. Jenneiohn To: Subject: Georgia (E-mail) ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD Good Morning Georgia, Please advertise the attached on Friday, January 16, 2004. Thank you, Ann Minutes & Records ORD CREATING ORD.CREATING NIMAL SERV. ADV., ~IIMAL ADVISORY B Ann P. Jenne' )hn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, January 09, 2004 9:09 AM Ann P. Jennejohn Delivered: ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD ORDINANCE %B~SHING THE Afl <<ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD>> Your message To: Georgia (E-mail) Subject: ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD Sent: Fri, 9 Jan 2004 09:20:17 -0500 was delivered to the following recipient(s : legals on Fri, 9 Jan 2004 09:09:07 -0500 Ann P. Jenneiohn From: Sent: To: Subject: postmaster@clerk.collier.fi.us Friday, January 09, 2004 9:21 AM Ann P. Jennejohn Delivery Status Notification (Relay) A'l-1'480072.t:xt ORDINANCE 'ABLISHING THE A[~ This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD Ann P. Jennejohn Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Friday, January 09, 2004 1:30 PM To: Ann P. Jennejohn Subject: RE: ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD rcvd to run 1/16 thanks georgia\ ..... Original Message ..... From: Ann P..lennejohn [mailto:Ann..lennejohn@clerk.collier.fl.us] Sent: Friday, January 09, 2004 9:20 AM To: Georgia (E-mail) Subject: ORDINANCE ESTABLISHING THE ANIMAL SERVICES ADVISORY BOARD Good Morning Georgia, Please advertise the attached on Friday, January 16, 2004. Thank you, Ann Minutes & Records <<ORD CREATING ANIMAL SERV. ADV. BOARD. doc>> <<ORD. CREA TING ANIMAL ADVISORY BOARD.DOC>> 1/9/2004 NOTICE OF INTENT TO CONSIDER ORDINANCE Naples Daily News N°tlce is hereby given ~ 8 E that on Tuesday, JANU- Naples, FL 34102 ARY 27 2004, In the Boardroom, 3rd Floor, Administration Bu ding, Affidavit of Publication Collier County Govern- Naples Daily News + ment Center, 33Ol East Temiaml Trail, Naples,[ Florida, the Board of--- County Comm~lssioners/ will consider the enact-I meat of a County Ordl-r hence. The meeting will J BOARD OF COLTNTY COMMISSIONERS commence at 9:00 A,M, CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58785316 001-155410 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/16 AD SPACE: 135.000 INCH FILED ON: 01/16/04 Signature of Affiant Sworn to and Subscribed before me this /~c~ day of Personally known by ~/~ *'~q*~ :?~% MY COMMISSION ~ DD234689 EXPIRES % ~? ~,, ~ONDED TH~U T~OY [A~N INSURANCE, INC The title of the pro- posed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, ESTABL SHING THE ANIMAL SERVICES ADVISORY BOARD; PRO- VIDING FOR CREATION AND I~URPOSE; PROVID- ING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDINGI FOR ATTENDANCE RE.I QUIREMENTS AND TER-I MI.NATION FROM OF-I FICE; PROVIDING CERS, QUORUM AND RULES OF PROCEDURE;I PROVIDING FUNCTIONS, POWERS AND DUTIES;, :PRG~/I~ING-4:OR f%EtM~ BURSEMENT OF EX-i PENSES; PROVIDING FOR: REVIEW; PROVIDING FORi CONFLICT AND SEVERA-t ' BILITY; PROVIDING INCLUSION IN THE CODE OF LAWS AND ORDI-I NANCE$; AND/ PROVIDING FOR AN E~:- FECTIVE DATE.. C. oples of the proposed l ' ordinance ere on fie with the C erk to the ' Board and are ava lab · J for Inspection. All inter- ested parties are tnvltedl to attend and be heard. NOTE: Ail persons wish- lng to speak on a.ny agenda item must regis- ter with the County ad- mlnlstretor prior to pre- sentatlon of the agenda Item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selec- gon of an Individual to ~peak. on behalf of an orgamzatlon or grdup Is encouraged. If recog- n!zed by the Chairman, · a spokesperson for a group or organization may be allotted 10 min- utes to speak on an ..... Item. ' - - - Persons.wishing tO[ have written or gr~ohicl materials tncl~a~e~C]&c~n.I ets must sub,tit material · minimum weeks prior to the re- spe~lve public ~earl~, terl~ls Intended to c~slder~ bY [hall be s~bmltted to/ the approp, rl~te C~untyl staff a mlmmum o~ ~v-i en d~ys p.r or to the/ ~ublt~ he~ln~. ~11 ~-/ ~erl~l used I~ tlons before the BoardI will become ~ perme-I es to ~N · deClslpnl ~ of t~ will ~ record of ~ ings to e~su~ that · ve~a-I tim record of ~e oro-I mc0~ I~ludes ~ te~s-- tlm0nY and' evidence ~hich the appeal .o~.D O~ COUntY COMM~N~ COLLIER cOUNtY, ~RIDA Tom Hennln~, CHAIR- MAN DWIGHT E. BROCK, CLERK By /s/Ann JenneJohn ~u~ C ~ Jan. 16 No. ~923 ORDINANCE NO. 2004- o~ AN ORDZNANCE OF THE BOARD OF COMMZSSZONERS OF COLLZER COUNTY, ESTABLTSHZNG THE ANZMAL SERVZCES BOARD; PROVZDZNG FOR CREATZON AND COUNTY FLOI~DA, ADVZSORY PURPOSE; PROVIDTNG FOR APPOI'NTMENT AND COMPOSTTTON; PROVTDTNG FOR TERMS OF OFFTCE; PROVTDTNG FOR ATTENDANCE RE(~UTREMENTS AND TERMTNATTON FROM OFFTCE; PROVI'DZNG OFFI'CERS, (}UORUM AND RULES OF PROCEDURE; PROVI~DI'NG FUNCTTONS, POWERS AND DUTTES; PROVI'DING FOR REI'MBURSEMENT OF EXPENSES; PROVIDTNG FOR REVTEW; PROVTDI'NG FOR CONFI./CT AND SEVERABTLTTY; PROVTDTNG FOR TNCLUSTON TN THE CODE OF LAWS AND ORDI'NANCES; AND PROVTDTNG FOR AN EFFECTTVE DATE. WHEREAS, the National Animal Control Association conducted an evaluation of Domestic Animal Services, and recommends the establishment of an Animal Services Advisory Board to generate community involvement in animal services and related activities; and WHEREAS, it is the desire of the Board of County Commissioners to establish an Animal Services Advisory Board to assist the County's Domestic Animal Services Department in providing the best possible service to the community. NOW, THEREFORE, BE TT ORDAZNED BY THE BOARD OF COUNTY COMMTSSIONERS OF COLLTER COUNTY, FLORIDA, that: SECTION ONE: Creation and Purpose. The Board of County Commissioners hereby establishes the Animal Services Advisory Board (the "Board") to generate community involvement in order to aid the Collier County Domestic Animal Services Department in providing the best possible services throughout Collier County. SECTION TWO: Appointment and Composition. 1. The Board shall be composed of seven (7) members with experience including, but not limited to, the following: a. one (1) Collier County Humane Society representative; b. one (1) veterinarian or veterinarian technician; c. one (1) County law enforcement representative; d. one (1) citizen in the pet retail, boarding or grooming industry; e. one (1) representative from an animal rights group based in Collier County; and f. two (2) citizens at large. 2. Members shall be appointed and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. 3. Appointment of members shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. SECTION THREE: Terms of Office. The initial terms of office of the Board shall be as follows: 1. Three (3) members shall serve a term of four (4) years. 2. Two (2) members shall serve a term of three (3) years. 3. Two (2) members shall serve a term of two (2) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. All appointments shall be in accordance with Collier County Ordinance No. 2001-55, the Collier County General Advisory Boards' Ordinance, as it may be amended or by its successor ordinance. Appointments to fill vacancies on the Board shall be for the unexpired term of office. SECTION FOUR: Attendance Requirements; Termination from Office. Any member of the Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. Board member attendance requirements, including failure to attend meetings and removal from office are governed by Collier County Ordinance No. 2001-55, as it may be amended or by its successor ordinance. SECTION FTVE: Officers; (~uorum; Rules of Procedure. 1. Annually, the membership of the Board shall elect a Chairman, Vice Chairman, and Secretary from among the members. Officers' terms shall be for one (1) year with eligibility for reelection. 2. The Presence of four (4) or more members shall constitute a quorum of the Board necessary to take action and transact business. In addition, an affirmative vote of 4 or more shall be necessary in order to take official action. 3. The Board shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Board minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Functions, Powers and Duties. The Board shall hold meetings monthly, unless otherwise stated. The functions, powers and duties of the Board shall be as follows: a. To make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. b. To analyze and review construction and improvements to Domestic Animal Services facilities and to make recommendations to the Board of County Commissioners regarding such facilities. The conduct of all meetings of the Board shall be in accordance with the Government/n the Sunsh/ne Manua/ and Roberts Ru/e$ of Order. 2 "8£ SECTION SEVEN: Reimbursement of Expenses. Members of the Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION EIGHT: Review. In accordance with Ordinance No. 2001-55, as it may be amended or by its successor ordinance, the Animal Services Advisory Board shall be reviewed every four (4) years, commencing in 2008. SECTION NINE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TEN: Inclusion In The Code Of Laws And Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION ELEVEN: Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier _ day o~.._ _...-~.~~-' , 2004. BO~D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA County, Florida this DwtGk. i-¢ 'E~:''; .,:BRb~, Clerk Approved as to form and legal sufficiency: ., Chairman Michael W. Pettit Chief Assistant County Attorney MWP/kn: h;public;kay;ordinances 3 8£ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-06 Which was adopted by the Board of County Commissioners on the 27th day of January, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to B0~r~.o~ County Commissioners ~y:Maureen ~enyon, Deputy Clerk.. RESOLUTION NO. 2004-29 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DECLARE VACANCIES ON THE PUBLIC VEHICLE ADVZSORY COI~IHITTEE WHEREAS, the Public Vehicle Advisory Committee was established by Collier County Ordinance No. 95-66, as amended; and WHEREAS, Collier County Ordinance No. 95-66, as amended, provides that the Public Vehicle Advisory Committee shall consist of five (5) members and one (1) alternate with not less than two (2) nor more than three (3) of the members being affiliated as holders of certificates to operate a motor vehicle for hire company within Collier County; and WHEREAS, Section Eight of Collier County Ordinance No. 2001-55 provides, in pertinent part that: "Any board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein;" and WHEREAS, Patricia M. Baisley, representing the Affiliated category, is no longer a certificate holder and therefore no longer qualifies for the Affiliated category; and WHEREAS, the Chairman of the Public Vehicle Advisory Committee advised the Board of County Commissioners that Nickolas Whitney (representing the Affiliated category) and Eric Hyde (representing the Non-Affiliated category) have failed to attend several meetings without a satisfactory excuse in violation of the requirements set forth in Ordinance No. 2001-55, and has requested that the Board of County Commissioners declare the above seats be vacant on their Committee. NOW, THEREFORE, BE ]T RESOLVED BY THE BOARD OF COUNTY COMIVlISSIONERS OF COLLIER COUNTY, FLORIDA, that after consideration of the facts presented, the Board of County Commissioners hereby declares the seats of Patricia M. Baisley, Nickolas Whitney and Eric Hyde to be vacant on the Public Vehicle Advisory Committee. This Resolution adopted after motion, second and majority vote. DATED: 3anuary 27, 2004 DWIGHT as for' ano legal sufficiency: David C. Wei~el CounW ~orney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DO N N/A-Fi~I~,; thairman - RESOLUTI'ON NO. 2004-30 A RESOLUTTON OF THE BOARD OF COUNTY COMMTSSZONERS OF COLLI'ER COUNTY, FLORI'DA, TO CONFi'RM AND APPOZNT .1OHN A. ARCER! TO THE COLLZER COUNTY COASTAL ADV!SORY COM M!'R'EE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 2001-03, as amended, creating the Collier County Coastal Advisory Committee; and WHEREAS, Ordinance No. 2001-03 provides that the Coastal Advisory Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, 3 members from the City of Marco Island, and 3 members from the City of Naples; and WHEREAS, there is currently a vacancy in a City of Marco island seat due to the resignation of Councilman John A. Arceri; and WHEREAS, in a letter dated January 12, 2004, the City of Marco Island has provided the Board of County Commissioners with its recommendation for the reappointment of John A. Arceri to the Collier County Coastal Advisory Committee; and WHEREAS, Councilman _lohn A. Arceri has agreed to this reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Councilman .lohn A. Arced, representing the City of Marco Island, is hereby confirm and reappointed to the Collier County Coastal Advisory Committee to fulfill the remainder of the vacant term, said term to expire on May 22, 2007. This Resolution adopted after motion, second and majority vote. DATED: January 27, 2004 A-I-rEST: · ,:~ Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel County Attorney DON/kn/h;public;kay;advisoryboards RESOLUTI'ON NO. 2004-31 A RESOLUTION OF THE BOARD OF COUNTY COMf4ISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE BAYSHORE/AVALON BEAUTTFICATION MSTU ADVTSORY COM[4TI'rEE WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Collier County Ordinance No. 97-82, establishing the Bayshore/Avalon Beautification Municipal Service Taxing Unit and creating the Bayshore/Avalon Beautification MSTU Advisory Committee; and WHEREAS, Collier County Ordinance No. 97-82 provides that the Bayshore/Avalon Beautification MSTU Advisory Committee shall consist of five (5) members; and WHEREAS, the terms of two members are due to expire on March 3, 2004, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Maurice Gutierrez is hereby reappointed to the Bayshore/Avalon Beautification MSTU Advisory Committee for a 4 year term, said term to commence March 4, 2004, and to expire on March 3, 2008. 2. Bill L. Neal is hereby reappointed to the Bayshore/Avalon Beautification MSTU Advisory Committee for a 4 year term, said term to commence March 4, 2004, and to expire on March 3, 2008. This Resolution adopted after motion, second and majority vote. DATED: January 27, 2004 A'I-I'EST: DWIGHT E. BROCK, Clerk Approv~,~s ~q legal su~,e~¢;~~ _. David C. Wei~el CounW ~orney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DCW/kn:h;public;kay;advisoryboards RESOLUTTON NO. 2004-32 A RESOLUTI:ON OF THE BOARD OF COUNTY COMMI'SSI'ONERS OF COLL]~ER COUNTY, FLORIDA, TO DECLARE A VACANCY ON THE BAYSHORE/AVALON BEAUTI'FI'CATI'ON MSTU ADV]~SORY COMMZ'ITEE WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Collier County Ordinance No. 97-82, establishing the Bayshore/Avalon Beautification IVlunicipal Service Taxing Unit and creating the Bayshore/Avalon Beautification MSTU Advisory Committee; and WHEREAS, Collier County Ordinance No. 97-82 provides that the Bayshore/Avalon Beautification IvISTU Advisory Committee shall consist of five (5) members; and WHEREAS, Section Eight of Collier County Ordinance No. 2001-55 provides, in pertinent part that: "Any board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein;" and WHEREAS, after discussion by the Bayshore/Avalon Beautification MSTU Advisory Committee at their regular meeting of January 14, 2004, the Committee has advised the Board of County Commissioners that Edward IvlcCarthy has failed to comply with the requirements set forth in Ordinance No. 2001-55, and has requested that the Board of County Commissioners declare that the seat held by Edward McCarthy be vacant on their Committee. NOW, THEREFORE, BE ]-I' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that after consideration of the facts presented, the Board of County Commissioners hereby declares the seat of Edward McCarthy to be vacant on the Bayshore/Avalon Beautification MSTU Advisory Committee. This Resolution adopted after motion, second and majority vote. DATED: January 27, 2004 .- ATTEST:- DWIGH~,JE.. 8ROCK;..~l~k,, .~.~, . , Approved as to form and legal su~ciency: David C. Weigel County Attorney f~.C~ · By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RESOLUTI'ON NO. 2004-33 A RESOLUTTON OF THE BOARD OF COUNTY COF'lt41'SSi'ONERS OF COLLI'ER COUNTY, FLOR1'DA, TO REAPPO1'NT F4EF'IBERS TO THE LAND AC(~UZSI'TI'ON ADVI'SORY COF'IF4]:TTEE WHEREAS, on Collier County Ordinance No. Committee; and WHEREAS, Ordinance No. December 3, 2002, the Board of County Commissioners adopted 2002-63 which created the Land Acquisition Advisory 2002-63 provides that the Land Acquisition Advisory Committee shall consist of nine (9) members that are residents of Collier County which comprise a broad and balanced representation of interests, including environmental and conservation, agricultural and business, educational interests, and general civic and citizen interests; and WHEREAS, the terms of 3 members will expire on February 11, 2004, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Land Acquisition Advisory Committee has provided the County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Marco A. Espinar, representing the categories of environmental, agriculture, civic and ecology, is hereby reappointed to the Land Acquisition Advisory Committee for a three year term, said term to expire on February 11, 2007. 2..1ohn E. Carlson, representing the categories of environmental, ecology and conservation, is hereby reappointed to the Land Acquisition Advisory Committee for a three year term, said term to expire on February 11, 2007. 3. Michael .1. Delate, representing the categories of environmental, civic and conservation, is hereby reappointed to the Land Acquisition Advisory Committee for a three year term, said term to expire on February 11, 2007. This Resolution adopted after motion, second and majority vote. Board of DATED: February 11, 2003 ATTEST: DWfG~,'t- ~.;; .'B.R,~ C. . .... . lerk · ]?: ,'., . . .... Approved as to form and legal su~ciency: David C. Wei~el CounW ~orneg BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: RESOLUTZON NO. 2004-34 A RESOLUTTON OF THE BOARD OF COUNTY COIqf4ZSSZONERS OF COLLTER COUNTY, FLORZDA, TO APPO:ZNT HEHBERS TO THE COUNTY GOVERNMENT PRODUCTZVZTY COf-'IHTTTEE, WHEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91-10, as amended; and WHEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, there is currently a vacancy and the term of 1 member will expire on February 4, 2004, creating a total of 2 vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Robert E. Dowling is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term, said term to expire on February 4, 2005. 2. Stephen A. Harrison appointed to the County Government Productivity Committee for a two year term, said term to expire on February 4, 2006. This Resolution adopted after motion, second and unanimous vote. DATED: January 27, 2004 A'i-I'EST: DWIGH.T,~OCK, Clerk Appr~' a~ to form ~nd legal ~u~ien~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA D. ~. By: David C. WeJgel County Attorney DCW/kn:h;public;kay;advisoryboards MEMORANDUM Date: To: From: Re: January 28, 2004 Kevin Hendricks, Right-of-Way Manager Transportation Department Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2004-35/Capital Improvement Element No. 73, Project No. 66042! Immokalee Road/U.S.41/Interstate 75 Please find enclosed one copy of the document as referenced above, (Agenda Item #10D), as approved by the Board of County Commissioners on January 27, 2004. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you, Ann Jennejohn Enclosure RESOLUTION NO. 2004 - 3 5 A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF IMMOKALEE ROAD BETWEEN U.S. HIGHWAY 41 AND INTERSTATE 75 (1-75). (CAPITAL IMPROVEMENT ELEMENT NO. 6, PROJECT NO. 66042). WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Board, on November 19, 2002, adopted Ordinance No. 2002-60 amending the Growth Management Plan by amending the Capital Improvement Element and the Transportation Element of the Growth Management Plan. WHEREAS, the widening from four to six-lanes of Immokalee Road between U.S Highway 41 and Interstate 75 (Project No. 66042) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the six-lane section of Immokalee Road between U.S. Highway 41 and Interstate 75 (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of the issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this __ and majority vote. "- ' "'- as ti5 form,a~l: Appmyecl Assistant County Attorney day of ,2004, after motion, second BOARD OF.~UNTY COMM}SSIONERS OF COLL~?)~OUNTY, By: Page 2 EXHIBIT Page ._1___of ~ HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 10/3 950 Encore Way. Naples, Florida 34110 · Phone: 941.254.2000. Fax: 941 254.2099 'Y-gMI~:X~I~ DNVEWAY (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 3/25/2 REF. DWG. #B-3699 PARCEL NO. 701 LEGAL DESCRIPTION A PORTION OF TRACT "D" OF RIVERCHASE SHOPPING CENTER ACCORDING TO THE PLAT TI4_.EREOF RECORDED IN PLAT BOOK 18 AT PAGES 19 AND 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A" OF RIVERCHASE SHOPPING CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 19 AND 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF TRACT "D" OF SAID RIVERCHASE SHOPPING CENTER; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 249.50 FEET; THENCE RUN S.84°03'58"E., ALONG THE BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 37.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.84°03'58"E., ALONG THE BOUNDARY OF SAID TRACT "D" FOR A DISTANCE OF 84.57 FEET; THENCE RUN N.00°43'0Y'W., ALONG THE BOLrNDARY OF SAID TRACT "D", FOR A DISTANCE OF 37.90 FEET; THENCE RUN S.89°16'57"W. FOR A DISTANCE OF 84.00 FEET; THENCE RUN S.00°43'0Y'E. FOR A DISTANCE OF 28.11 FEET TO THE POINT OF BEGINNING; CONTAINING 2772.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT "D" OF RIVERCHASE SHOPPING CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 19 AND 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°45'55"E. HOLE MONTES, INC. ...* CERTIFICATION OF AUTHORIZATION LB'#1772 THOMAS J. GARRIS P.L.S. #3741 STATE OF FLORIDA FOLIO NO. Naples. Fort Myers · Venice · Englewood TE~ DRIVEWAY ~s-ro,v,'ro. ~ EXHIBIT ,, '~ (DURATION: 3 YEARS FROM - Page,_~of ~ ~ ~ COMMENCEMENT OF CO~) mc) "~ "0 O0 ZZ o~om. m z ---t o :~r'- ~o m~ _-4 FOLIO EXHIBIT Page ~-~ of HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way. Naples, Flori0a 34110 · Phone: 941.254.2000 - Fax: 941.254.2099 RESTORATION EASEMENT (DURATION: 3 YEAR~ FROM COMMENCEIVlENT OF ~ HM PROJECT #2000067 3/25/2 KEF. DWG. #B-3700 PARCEL NO. 702 A PORTION OF LOT 1 OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 1 OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°43 '03"W., ALONG THE WESTERLY BOUNDARY OF SAID LOT I, FOR A DISTANCE OF 37.90 FEET; THENCE RUN N.89°16'57"E. FOR A DISTANCE OF 18.00 FEET; THENCE RUN S.00°43'03"Ei FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 1; THENCE RUN N.84°03'58"W., ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 18.12 FEET TO THE POINT OF BEGINNING; CONTAINING 701.1 SQUARE FEET, MORE OK LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF LOT 1 OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY~ FLORIDA, AS BEING N.84°03'58"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #I 772 THOMAS J. GARRIS P.L.S. #3741 STATE OF FLORIDA FOLIO NO. I Naples · Fort Myers. Venice. Englewood EXHIBIT RESTORATION ~ (DURATION: 3 YEARS FROM COMMENCE. NT OF ~) ~~-~ ~ ~0 Z mi 0 ~ _zi m.c M ,,~'O,~"KO0 ,06'/~ ,00'0~ ,,gO,g'KO0 S FOLIO NO./~cjb$~,~ i EXHIBIT .... Page ,~ ~ /q~ M H~LEMONTE$ I O~ ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way, Naples. Florida 34110, Phone: 239.254.2000, Fax: 239.254.21)99 FEE SIMPLE INTEREST HM PROJECT g2000067 7/17/3 REF. DWG. #B-3705 PARCEL NO. 103 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTtt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°39' 19"E., ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.44°46'59"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 35.08 FEET; THENCE RUN S.89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKAI.EE ROAD, FOR A DISTANCE OF 573.45 FEET; THENCE RUN S.86°54'10"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 496.05 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.86°54' 10"E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF 1MMOKALEE ROAD, FOR A DISTANCE OF 4.57 FEET; THENCE RUN S.89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 46.80 FEET; THENCE RUN S.00°14'05"W. FOR A DISTANCE OF 20.00 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 20.22 FEET; THENCE RUN N.56°45'55"W. FOR A DISTANCE OF 37.14 FEET TO THE POINT OF BEGINNING; CONTAINING 712.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY · ' P.S.M, $$5628 THOMAS M. M:UI~-IY'~ STATE OF FLORIDA FOLIO Naples · Fort Myers · Venice · Englewood ~N'rEEEST EXHIBIT~ O0 log:,= , -",, 0 .- ~?/ z 20.00' S 00'14'05" 125.00' i0/] FOLIO HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way. Naples, FIortda 3411 O · Phone: 941.254.2000. Fax: 941.254.2099 TEMPORARY DRIVEWAY RESTORATION EASEMEN'r (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/16/3 REF. DWG. #B-3703-1 PARCEL NO. 703A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°39' 19"E., ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; TI-IENCE RUN N.44°46'59"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKAI .~E ROAD, FOR A DISTANCE OF 35.08 FEET; THENCE RUN S.89°45'55"E., ALONG THE SOUTHERLY RIGHT OF WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 517.98 FEET TO THE POINT. OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 55.47 FEET; THENCE RUN S.86°54' 10"E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKAI,lqE ROAD, FOR A DISTANCE OF 8.25 FEET; THENCE RUN S.01°45'04'W. FOR A DISTANCE OF 14.01 FEET; THENCE RUN N.88°14'56"W. FOR A DISTANCE OF 63.69 FEET; THENCE RUN N.01 °45'04"E. FOR A DISTANCE OF 12.74 FEET TO THE POINT OF BEGINNING; CONTAINING 863.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATI~)N~OF AUTHORIZATION LB #1772 'THOMAS'M. P.S.M. #5628 STATE OF FLORIDA FOLIO Naples. Fort Myers- Venice · Englewooci ~1 ~.1 oo"° ~ c~>[ 3,1° ; 0 0 ¢ "1-1 -r'l m r~ EXHIBIT Page,,, ff 100 r Z~ ~ m OOMI~NGEME~ OF CC:)N~ I ~ ~ FOLIO NO.C~I~3~CY3CZ~ ,~'0'gZ: [ J\ g~-m,-L~ NOaO~S .,,,,~,,1~,N ~/L MN '3NI1 M z I, I t ,oo.oo' j EXHIBIT Page ~..._._of /~,~ HOLE MONTES FNGINEERS · PLANN~S, SURVEY0[tS LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110. Phone: 941 254.2000. Fax: 941 254.2099 TEMPORARY DRIVEIIKe,¥ ([XJRATION: 3 YEAR8 FROM HM PROJECT #2000067 3/22/2 REF. DWG. #B-3704 PARCEL NO. 703B A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°39' 19"E., ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.44°46'59"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 35.08 FEET; THENCE RUN S.89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 573.45 FEET; THENCE RUN S.86°54'10"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 500.62 FEET; THENCE RUN S.89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 46.80 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89o45'55'E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 78.00 FEET; THENCE RUN S.00°14'05"W. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 84.00 FEET; THENCE RUN N.00°14'05"E. FOR A DISTANCE OF 20.00 FEET; THENCE RUN S .... .89 45 55 E. FOR A DISTANCE OF 6.00 FEET; THENCE RUN N.00°14'05"E. FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 3240.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR .RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OE AUTHORIZATION LB # 1772 THOMAS J. GARRIS P.L.S. #3741 STATE OF FLORIDA FOLIO Naples. Fort Myers. Venice. Englewood ~0 O~ O0 oo r'"- -nm I'~ z=: Z Ertl z '-'-4 EXHIBIT TEMPORARY DRIVEWAY RESTORATION EASEMENI' (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) z N 00'14.'05" 20.00' E S 00"14'05" W 20.00' ' N 00'14'05" E 40.00' ;3 ,61.,6~'.00 S / O3Z 125.00'__ I I FOLIO EXHIBIT Page Il .et HOLE MONTES ENGINEERS. PLANNERS, SURVEYOP~ 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000, Fax: 239.254.2099 FEE SIMPLE HM PROJECT #2000067 7/17/3 REF. DWG. #B-3701 PARCEL NO. 104 LEGAL DESCRIPTION A PORTION OF LOT 3 OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEVARD, AN 80.00 FOOT RIGHT-OF-WAY, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, THE SAME BEING A POINT ON THE BOUNDARY OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT. BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 65.42 FEET TO A POINT ON THE BOUNDARY OF LOT 3 OF SAID RIVERCHASE COMMONS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°14'05"E., FOR A DISTANCE OF 2.19 FEET; THENCE RUN N.45°14'05"E. FOR A DISTANCE OF 20.22 FEET; THENCE RUN S.89°45'55"E. FOR A DISTANCE OF 9.21 FEET TO A POINT ON THE BOUNDARY OF SAID LOT 3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.69°51'29"W. A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE BOUNDARY OF SAID LOT 3 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 70°05'34'', SUBTENDED BY A CHORD OF 28.71 FEET AT A BEARING OF S.55°11'18"W., FOR A DISTANCE OF 30.58 FEET TO THE POINT OF BEGINNING; CONTAINING 180.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, AS BEING N.89o45'55"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 ,.~1 ~ .... ~' '- ".-;:~..,7' .' P.S.M. #5628 '~TATE OF FLORIDA FOLIO NO./ Naples. Fort Myers. Venice. Engiewood FEE SIMPLE INTEREST oo cdc) oor'' m-nlq ~0 EXHIBIT z L1 I 0 r~ RIVERCHASE BLVD 80' R-O-W N 00'43'03" W FOLIO NO.~?~-~/~_ EXHIBIT Page I% o~ HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000 · Fax: 239.254.2099 TEMPORARY DRNEWAY RESTORATION EASEME~ (DURATION: 3 YEARS FROM COMMENCEMENT OF ~ HM PROJECT g2000067 7/17/3 REF. DWG. #B-3793 PARCEL NO. 705 A PORTION OF RIVERCHASE BOULEVARD (TRACT "J") OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEVARD (TRACT "J"), WITH THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, THE SAME BEING A POINT ON THE BOUNDARY OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 65.42 FEET TO A POINT ON THE WESTERLY BOUNDARY OF RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.00°14'05"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE WESTERLY BOUNDARY OF RIVERCHASE BOULEVARD AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 70°05'34", SUBTENDED BY A CHORD OF 28.71 FEET AT A BEARING OF N.55°11' 18"E., FOR A DISTANCE OF 30.58 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°26'48"E. FOR A DISTANCE OF 83.18 FEET TO A POINT ON THE EASTERLY BOUNDARY OF RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.69°11'47"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE EASTERLY BOUNDARY OF RIVERCHASE BOULEVARD AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 68°57'42", SUBTENDED BY A CHORD OF 28.31 FEET AT A BEARING OF S.55°17'04"E., FOR A DISTANCE OF 30.09 FEET TO THE MOST SOUTHEASTERLY CORNER OF RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON THE BOUNDARY OF SAID RIVERCHASE COMMONS AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 64.49 FEET TO THE POINT OF BEGINNING; CONTAINING 1660.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, AS BEING N.89~45'55"W. HOLE MONTE~,,~. CERTIFICATIdN OF XU~blbRi~XTI'ON LB #1772 : THOMAS M. I~LrREHy "; P.S.M. #5628 STATE OF FLORIDA FOLIO Naples. Fort Myers. Venice. Englewood EXHIBIT, 0 _o (DURATION: 3 YEARS, FROM I I r L0~Z r'r1 itl o~ -.4 ~dm 1 I Z 0 ~-~ RIVERCHASE BLVD so' ~-o-w N 00'45'05" W TRACT 'J' RIVERCHASE COMMONS P.B. 32, PGS 20-21 FOLIO NO. ~pC(~/ EXHIBIT ?age HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 100 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000, Fax: 239.254.2099 FEE SIMPLE INTEREST LEGAL DESCRIPTION HM PROJECT #2000067 7/17/3 REF. DWG. #B-3702 PARCEL NO. 106 A PORTION OF LOT 9 OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE/NTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEVARD, AN 80.00 FOOT RIGHT-OF-WAY, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, THE SAME BEING A POINT ON THE BOUNDARY OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 64.59 FEET TO A POINT ON THE BOUNDARY OF LOT 9 OF SAID RIVERCHASE COMMONS; THENCE CONTINUE S.89°45'55"E., ALONG THE BOUNDARY OF SAID LOT 9 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF 1MMOKAI.EE ROAD, FOR A DISTANCE OF 14.31 FEET; THENCE RUN N.00°14'05"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.59°45'55"W. FOR A DISTANCE OF 22.05 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 18.54 FEET TO A POINT ON THE BOUNDARY OF SAID LOT 9, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.69°11 '47"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID LOT 9 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 68°57'42'', SUBTENDED BY A CHORD OF 28.31 FEET AT A BEARING OF S.55°17'04"E., FOR A DISTANCE OF 30.09 FEET TO THE POINT OF BEGINNING; CONTAINING 395.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY RIGHT-oF-WAY LINE OF IMMOKALEE ROAD, AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 · TttOMAS M. I~[TRL~Y P.S.M, #5628 STATE OF FLORIDA · r:OLlO NO. Naples · Fort Myers. Venice · Englewood FEE SIMPLE EXHIBIT ,,~ INTEREST Page /~, > O0 ~ ~ P: ~ ~ m N 00'43'03" W ~'~ °~ m 0 - ~ ~ O~ ~ Z o ~ =Z ~ ' ~1 c ~0 L1 ~ ~ · ! I FOLIO NO.& !> EXHIBIT_. Page 1'7 _of /q ~ HOLE MONTES ENGINEERS. PLANNERS- SURVEYORS 950 Encore Way · Naples, Florida 34110, Phone: 239.254.2000, Fax: 239.254.2099 TEMPORARY DRIVEWAY ON: 3 YEARS FROM NT OF CONSTRUCllON) HM PROJECT #2000067 7/17/3 REF. DWG. #B-3794 PARCEL NO. 707 LEGAL DESCRIPTION A PORTION OF COLLIER'S RESERVE DRIVE (TRACT R) OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE CENTERLINE OF COLLIER'S RESERVE DRIVE (TRACT R) WITH THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS THE SAME IS SHOWN ON THE PLAT OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COLLIER'S RESERVE DRIVE, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.00°14'05"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFr, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF N.45°14'05"E., FOR A DISTANCE OF 39.27 FEET TO THE END OF SAID CURVE; THENCE RUN N.00°14'05"E., ALONG SAID WESTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 14.00 FEET; THENCE RUN S.89°45'55"E. FOR A DISTANCE OF 130.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COLLIER'S RESERVE DRIVE; THENCE RUN S.00°14'05"W., ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00TM, SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF S.44°45'55"E., FOR A DISTANCE OF 39.27 FEET TO THE MOST SOUTHEASTERLY CORNER OF COLLIER'S RESERVE DRIVE, THE SAME BEING A POINT ON THE BOUNDARY OF SAID COLLIER'S RESERVE AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING; CONTAINING 5338.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 'OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°45'55"W. HOLE MONTES, INC. CERTIFICATION OF AUTH.~RIZA, TIOBI L~B #1772 BY, ~/~' ":' ' :"' '": ~ '~: .' ~- ..- P.S.M. #5628 THOMAS M, MURP!~., .... >: STATE OF FLORIDA FOLIO Naples · Fort Myers. Venice. Engtewood <~.~T,O.: 3 ~ EXHIBIT -t~ ,., Page ~o~~ COMMENCEMENT OF 1 0D ca L1 ~ CO~IER'S RESER~ , DRIVE S oo'~4'o5" w ~ TRACT R o COLLIER'S ' P.B. 20, P~S 5g-87 , L2 FOLIO NO. ~m Page Iq .of t~ LE MONTES ENGINEERS. PLANNERS. SURVD'ORS 950 Encore Way, Naples, Flodda 34110, Phone: 239.254,2000, Fax: 239.2542099 FEE SIMPLE INTEREST LEGAL DESCRIPTION HM PROJECT #2000067 7/17/3 REF. DWG. #B-3668 PARCEL NO. 108 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.02°20'52'E., ALONG THE WESTERLY BOUNDARY OF SAID CREEKSIDE COMMERCE PARK WEST - UNIT ONE, FOR A DISTANCE OF 5.01 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 35.04 FEET; THENCE RUN N.00°14'05"E. FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 34.81 FEET TO THE POINT OF BEGINNING; CONTAINING 174.6 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 P.S,M. #5628 STATE OF FLORIDA FOLIO Naples · Fort Myers · Venice, Engtewood FEE SIMPLE INTEREST EXHIBIT ~ ~.~o ,~.~z_ 10~ o~ ~ ~ P~I ~ m O ~00Y ~ ~ ~ 125.00' ~ oo> ~z ~ TRACT R o O CREEKSIDE COMMERCE PARK WEST-UNIT ONE m~ P.B. ~9, PGS 5?-58 I c~sm~ w~ , , I ~.y~ . ~r'- Z Lf) -- m ' EXHIBITi Page of Iqg HOLE MONTES ENGINEERS. PLANNERS. SUR¥~ORS 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000. Fax: 239.254,2075 (DURATION: 3 YEARS FROM HM PROJECT g<'2000067 12/04/03 REF. DWG. #B-4467 PARCEL NO. 708 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.02°20'52"E., ALONG THE WESTERLY BOUNDARY OF SAID CREEKSIDE COMMERCE PARK WEST - UNIT ONE, FOR A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.02°20'52"E., ALONG THE WESTERLY BOUNDARY OF SAID CREEKSIDE COMMERCE PARK WEST - UNIT ONE, FOR A DISTANCE OF 5.01 FEET; THENCE RUN N.89°45'55"W., FOR A DISTANCE OF 55.36 FEET; THENCE RUN N.00°14'26"E., FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°45'55"W., FOR A DISTANCE OF 435.00 FEET; THENCE RUN S.00°14'26'W., FOR A DISTANCE OF 5.00 FEET; THENCE RUN N. 89°45'55"W., FOR A DISTANCE OF 30.00 FEET; THENCE RUN N.00°14'26"E., FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 485.10 FEET; THENCE RUN S.00°14'05"W., FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°45'55"E., FOR A DISTANCE OF 35.04 FEET TO THE POINT OF BEGINNING; CONTAINING 2,851.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIEI~A'TION OF A~HORIzATION LB #1772 P.S.M. #5628 STATE OF FLORIDA Naples · Fort Myers. Venice EXHIBIT P,,ge _ U\2OOO\2OOOOG7\TAKE SKETCHES\NW27-13_TE.c~9 T~b~ Mode~ Dec 04, 2003 - 10,29~m P~otted by, BenNoweH m ~zZ~zZ~ -- 0 Z ~ ~m I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I TRACT 'R' CREEKSIDE COMMERCE PARK WEST- UNIT ONE P.B. 29, PGS 57-58 EXHIBIT - HOLE MONTES FNGINEERS · PLANNERS. SURVEYORS FEE 81MPLE INTEREST LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110. Phone: 941.254.2000. Fax: 941.254.2099 HM PROJECT #2000067 7/16/3 REF. DWG, #B-3626-2 PARCEL NO. 109 A PORTION OF TRACT 01 OF COLLIER S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF COLLIER'S RESERVE DRIVE WITH THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS THE SAME IS SHOWN ON THE PLAT OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO A POINT ON THE BOUNDARY OF TRACT "01" OF SAID COLLIER'S RESERVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°14'05"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 15.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "01", THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.37°06' 16"E. A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID TRACT "01" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36°52'12', SUBTENDED BY A CHORD OF 15.81 FEET AT A BEARING OF S.71°19'49"E., FOR A DISTANCE OF 16.09 FEET TO THE POINT OF ,BEGINNING; CONTAINING 51.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFERTO THE SOUTHERLY BOUNDARY OF TRACT "01" OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89 .... 45 55 E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 i::, :THOMAS h .- ~VIL~doH ~,g'~ P.S.M. #5628 STATE OF FLORIDA FOLIO NO. Naples. Fort Myers. Venice- Englewood EXHIBIT FEE SIMPI. E Page2.Lt > 0 0 = ~' i zz I > > c ---I --{ ,, ,, .8~ oo I ~' ',, mo 6'-) 0 ¢, ~ ~ COLLIER'S RESERVE DRIVE z~: Z I ~' P.B. 20~ PGS 59-87 m o~"~ =~= I z~g I ~ ~ 0 ~ ~ m m~ ~ I 0 , o~ o '~ i I ~ ~ ,, Z o~ ~ o oo ~o~ ~ . ~o> I ~ ' ~ > ~ ~ ~ ~ zm ~0 ~m ~ q m ~' ~5.0' o> ~ ~ ~ -~ I ~ :m / _- :~ :c. ~ I --' '" ~-~ m z z ~m 4~ © r- ~m EXHIBIT ENGINEERS. PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110 · Phone: 239.254.2000 · Fax: 239.254.2099 TEMPORARY DRNEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/17/3 REF. DWG. #B-3795 PARCEL NO. 709 A PORTION OF TRACT "01" OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF COLLIER'S RESERVE DRIVE WITH THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS THE SAME IS SHOWN ON THE PLAT OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO A POINT ON THE BOUNDARY OF TRACT "01" OF SAID COLLIER'S RESERVE, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.00°14'05"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHW~ESTERLY, ALONG THE BOUNDARY OF TRACT "01" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36°49'00TM, SUBTENDED BY A CHORD OF 15.79 FEET AT A BEARING OF N.71°21'25"W., FOR A DISTANCE OF 16.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTHWESTERLY, ALONG THE BOUNDARY OF SAID TRACT "01" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 53°11 'Off', SUBTENDED BY A CHORD OF 22.38 FEET AT A BEARING OF N.26°21 '25"W., FOR A DISTANCE OF 23.21 FEET TO THE END OF SAID CURVE; THENCE RUN N.00°14'05"E., ALONG THE BOUNDARY OF SAID TRACT "01", FOR A DISTANCE OF 14.00 FEET; THENCE RUN S.89°45'55'E. FOR A DISTANCE OF 10.02 FEET; THENCE RUN S.00°14'05"W. FOR A DISTANCE OF 34.01 FEET TO THE POINT OF BEGINNING; CONTAINING 280.4 SQUARE FEET, MORE OR LESS. '"' THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY THOMAS M: Mi:.~PI-iY t~ P.S.M. #5628 STATE OF FLORIDA Naples. Fort Myers. Venice. Englewood TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YE.aRS FROMEXHIBIT ~ COM~E.CE~E~TC~CO~SmUC"O*~g..Z.~. _~f ,~ I ::0 O0 ~ 0 ~ ~ ~Z ~ ~ O~l ' I = COLLIER'S RESERVE ~ ~ 0 ~ ~ ~ 00'14'05" [ ~ - m I / TRACT R ~ a ~ ~ ~ COLLIER'S RESERVE . z [ ~ P.B. aO, PGS 59-8? z z ~ 00 ,J~>~ ~,~ _O ~ / o L1 ~' ~ 34.01' ~ oz NO ~~ ' , r- ~z Fr.I ~) Z r-J EXHIBIT HOLE MONTES ENGINEERS. PLANNERS, SURV~ORS FEE SIMPLE INTEREST LEGAL DESCRIPTION 950 Encore Way. Naples, FloriOa 34110, Phone: 941.254.2000. Fax: 941.254.2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-3629-1 PARCEL NO. 110 THE NORTH 5.00 FEET OF TRACT L1 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 1,787.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY LINE OF TRACT L1 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE,PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 . M~R HY':: P.S.M. #5628 STATE OF FLORIDA FOLIO NO. ;3 i I 'c'D i Naples, Fort Myers. Venice. Englewood FEa S,~F,LE EXHIBIT_-g 1 O0 mTEREs'r ~~~~ :~ , m ~_ CREEKSIDE WAY jm J .... z ; ~ S00'1 m CREEKSlDE CONNERCE PARK WE[iT ~ ~ ~ ~ m > ~ UNIT ONE ' o m P.B. 29, POS 57-58 I ........ ~ oo> - ~ ~...o.~. ~- I I ~" ~ J I N~,. I I ~o o~ ~ I~1 I ~ ~ m I ~: I . I / = . ~ ~ m -.m ' I I I m ut , g~ m:" J m~O I~ ~ ~25.00' n = J z / ~ - 3: J m ~ ~ '" FOLIO NO EXHIBIT Page~of HOLE MONTES ENGINEERS. PlaNNERS, SURV~0RS FEE SIMPLE iNTEREST LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110. Phone: 941.254.2000 · Fax: 941.254.2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-3630-1 PARCEL NO. ! 11 A PORTION OF LOT 3 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF LOT 3 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF 1MMOKALEE ROAD; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID LOT 3 AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 19.38 FEET; THENCE RUN S.00°14'05"W., ALONG THE BOUNDARY OF SAID LOT 3 AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 19.35 FEET TO A POINT ON THE BOUNDARY OF SAID LOT 3; THENCE RUN N.00°08'34"W., ALONG THE BOUNDARY OF SAID LOT 3, FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 98.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, BEARINGS REFER TO THE NORTHERLY BOUNDARY LOT 3 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AIZtltORIZATION LB # 1772 BY P.S.M. #5628 ~ :' T~IOMAS M. Mr- .URPH~'' STATE OF FLORIDA FOLIO Naples. Fort Myers- Venice. Englewood FEE SIMPLE INTEREST EXHI~BIT Page ENGINEERS. PLANNERS. SUrVEYOrS FEE SIMPLE INTEREST LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110 · Phone: 239.254.2000 · Fax: 239.254.2099 HM PROJECT #2000067 7/17/3 REF. DWG. #B-3707 PARCEL NO. 112 A PORTION OF LOT 2 OF CREEKSIDE COMMERCE PARK W-EST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHEASTERLY CORNER OF LOT 2 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.00°I 1 '09"W., ALONG THE EASTERLY BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°48'5 I"W. FOR A DISTANCE OF 21.89 FEET; THENCE RUN N.00*I l'09"E. FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE RUN S.89°48'51"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 2; FOR A DISTANCE OF 21.89 FEET TO THE POINT.. OF BEGINNING; CONTAINING 109.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF LOT 2 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°48'5 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THOMAS P.S.M. #5628 STATE OF FLORIDA FOLIO Naples. Fort Myers. Venice. Englewood FEE SIMPLE INTEREST EXHIBIT Page :~2. of x 0 ~"z~ ~ ~ ~a ,~ ~ ~ = ~00 ~ ~0~ Z ~' 0 0 Z TRACT R CREEKSIDE COMMERCE ,PARK ~ UNIT ONE m P.B. 29, PGS 57-58 mo CREEKSIDE TRAIL ~.~ · FEE SIMPLE INTEREST 950 Encore Way, Naples, Ftodda 34110, Phone: 239.254.2000 · Fax: 239.254.2099 HM PROJECT 8'2000067 7/17/3 REF. DWG. #B-3706 PARCEL NO. 113 LEGAL DESCRIPTION A PORTION OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOUTHEASTERLY CORNER OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT'BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.05°37'21"W., ALONG THE EASTERLY BOUNDARY OF SAID TRACT I, FOR A DISTANCE OF 14.22 FEET; THENCE RUN S.30°10'4Y'W. FOR A DISTANCE OF 16.33 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID TRACT I; THENCE RUN S.89°48'51"E., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT I, FOR A DISTANCE OF 9.60 FEET TO THE POINT OF BEGINNING; CONTAINING 67.9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°48'5 I"E. HOLE MONTES, INC. CERTIPICATION Q~iiAUTHO~:ATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA =OLIO NO. NapLes · Foal Myers · Venice · Englewood FEE SIMPLE INTEREST EXHIBIT Page '3'-{ ef....~ IOD ~ ~ ~oz ~z I u · ., 25.00' I ),, 0 9.a.z ~" I o_~"~' ~ ~1 . ~ I - 2~.oo' 1 ~:~ a~ I FOLIO NO. XHIBrT. HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS lOp LEGAL DESCRIPTION 950 Encore Way. Naples, Flodda 34110. Phone: 239.254.2000. Fax: 239.254.2075 ~i~TION: 3 YEARS FROM NC~MENT OF CONSTRUC'nON) HM PROJECT #2000067 12/04/03 REF. DWG. #B-4398-1 PARCEL NO. 713 A PORTION OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°48'5 i"W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT I, AND ALONG THE NORTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 9.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89°48'51"W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT I, AND ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD, FOR A DISTANCE OF 407.00 FEET; THENCE RUN N.00°I l'09"E., FOR A DISTANCE OF 25.00 FEET TO A POINT 25.00 FEET NORTHERLY AS MEASURED AT RIGHT ANGLES TO THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD; THENCE RUN S.89°48'5 i"E., PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD, FOR A DISTANCE OF 50.00 FEET; THENCE RUN S.00°l I '09"W. FOR A DISTANCE OF 10.00 FEET TO A POINT 15.00 FEET NORTHERLY AS MEASURED AT RIGHT ANGLES TO THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD; THENCE RUN S.89°48'5 I"E. PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD, FOR A DISTANCE OF 365.08 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT I; THENCE RUN S.05°37'21"E., ALONG THE BOUNDARY OF SAID TRACT I, FOR A DISTANCE OF 0.86 FEET; THENCE RUN S.30°10'43"W., FOR A DISTANCE OF 16.33 FEET TO THE POINT OF BEGINNING; CONTAINING 6,669.7 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°48'5 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 · ;-,~e?.", ~i~ , ~" .. ""' ,. ;.: ..... P.S.M. #5628 STATE OF FLORIDA FOLIO NO. Naples. Foal Myers · Venice EXHIBIT._~. ~~ ~. of...L~$ I00 U'\2OOO\2OOOOG7\TAKE SKETCHESSSE22-I-CDN-TE-l,clw9 Tab, Model Dec 04, 2003 - 10,35om Ptot~eot by, ]~enNowelL I L ~~NT ~ ~~~) L2 I I I J ' , I ~ ' I ~s.00' , q,~o~ g Z ~m~ , I FOLIO NO O0 oO.= · o,~o ---~ 0 r- : : = = : "Z rtl ~0 0 . Z - (-~ EXHIBIT Page :~? of HOLE MONTES ENGINEERS* PLANNERS. SURVEYORS FEE SIMPLE INTEREST 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000, Fax: 239.254.2099 HM PROJECT #2000067 7/17/32 REF. DWG. #B-3708 PARCEL NO. 114 LEGAL DESCRIPTION A PORTION OF LOT 1 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF LOT 1 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°48'51'E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT i, FOR A DISTANCE OF 21.62 FEET; THENCE RUN S.00°11 '09"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89"48'5 I'W. FOR A DISTANCE OF 21.62 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE RUN N.00°I l'09"E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 108.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER T© THE NORTHERLY BOUNDARY OF LOT 1 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°48'5 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 ~' "THOMASM, MURPH¥ ~ STATE OF FLORIDA FOLIO Naples. Fort Myers. Venice. Englewood FEE SIMPLE INTEREST EXHIBIT Page ~of lOp ...~zZ CREEKSIDE TRAIL ~ TRACT R ~ UNIT ONE [ ~ P.B. 29, PGS 5%58 ~ ~ --0 Z ~z~ ~ ~'~ ' EXHIBIT of...L_HZ HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way · Naples, Florida 34110 · Phone: 941.254.2000 · Fax: 941 254.2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-3627-1 PARCEL NO. 115 LEGAL DESCRIPTION A PORTION OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF THE FORMER SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AS RECORDED IN O.R. BOOK 921 AT PAGE 1087 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS THE SAME ARE SHOWN ON THE PLAT OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°48'5 I"W., ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, FOR A DISTANCE OF 73.39 FEET TO A POINT ON THE BOUNDARY OF TRACT B OF SAID COLLIER HEALTH PARK, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.00°I 1 '09"E. A DISTANCE OF 30.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 76°30'24'', SUBTENDED BY A CHORD OF 37.15 FEET AT A BEARING OF N.51 °55'57"E., FOR A DISTANCE OF 40.06 FEET TO A POINT 23.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT B AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 19°15'46", SUBTENDED BY A CHORD OF 10.04 FEET AT A BEARING OF N.04°02'52"E., FOR A DISTANCE OF 10.09 FEET TO THE END OF SAID CURVE; THENCE RUN N.05°35'01"W., ALONG THE BOUNDARY OF SAID TRACT B, FOR A DISTANCE OF 15.82 FEET; THENCE RUN S.43°48'26"W. FOR A DISTANCE OF 35.57 FEET TO A POINT 23.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE RUN S.89°48'5 I"E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, FOR A DISTANCE OF 25.46 FEET TO THE POINT OF BEGINNING; CONTAINING 343.9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°48'5 i"W. HOLE MONTES, INC. CERTIFICATION OF AUT. HORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO Nal~les · Fort Myers - Venice - En§lewood EXHIBIT_ Page H~ IOD r- ~z rq HOLE MONTES ENGINEERS~ PLANNERS. SURVEYORS 100 950 Encore Way. Naples, Fiodda 34110, Phone: 239,254.2000. Fax: 239.254~2075 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 12/04/03 B-3796 PARCEL NO. 715-A LEGAL DESCRIFFION A PORTION OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHWESTERLY CORNER OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNT, FLORIDA; THENCE RUN N.05°57'34"W., ALONG THE WESTERLy BOUNDARY OF SAID TRACT B, FOR A DISTANCE OF 23.13 FEET TO A POINT 23.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WESTERLY PROLONGATION OF THE SOUTHERLy BOUNDARY OF SAID TRACT B AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.05°57'34',W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT B, FOR A DISTANCE OF 28.16 FEET; THENCE RUN S.89°48'51"E. FOR A DISTANCE OF 34.21 FEET TO A POINT ON THE BOUNDARy OF TRACT "B~I" OF PLAT OF TRACT "B-i" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S .... .00 10 54 W., ALONG THE BOUNDARy OF SAID TRACT "B-I", FOR A DISTANCE OF 6.80 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE BOUNDARY OF SAID TRACT "B-I" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 32°00'05", SUBTENDED BY A CHORD OF 22.05 FEET AT A BEARING OF S.15°49'09"E., FOR A DISTANCE OF 22.34 FEET TO A POINT 23.00 FEET NORTHERLY OF TIlE SOUTHERLY BOUNDARY OF TRACT B OF SAID PLAT OF COLLIER HEALTH PARK; THENCE RUN N .... .89 48 51 W., PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID TRACT B, FOR A DISTANCE OF 37.28 FEET TO THE _POINT OF BEGINNING; CONTAINING 957.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N 89048'5 I"W. HOLE MONTES, INC. CERTIFICATION OF AUT~RIZATIONLB #1772 P.S.M. #5628 STATE OF FLORIDA Naples. Fort Myers · Venice EXHIBIT ./~ U'\;~OOO\2000067\TAKE SKETCHESSSE22-]]-TE,dwg T~b~ Model. Dec 04, 2003 - 10~42c~m Pl.ot~'t:ed by= BenNoweH -0'13 oo TEMPORARY DRIVEWAY -o -0 RESTORATION EASEMENT _o _o {DUI~TION: 3 YEAR8 FROM ooP1 ~:z _z zinC7 Z o:~ 0 CJ~L_~ O(.n r..C~ L"~J .m co~ - u~ -0 > -,-, ~ /'~_~(~ E I m ~ ~ ~ ~ ~ 28.00' ' '~ ~ EASEMENT PER PLAT ~ L1 ~ L' ~ I~ ~,.-0-w~1 o ~ ~ / / ;0 --1 r- m U) m o F-' HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000. Fax: 239,254.2075 . {l~RAllON: 3 YEARS FROM gg~iI~N~iII~NT OF CONSTRUClX~) HM PROJECT g2000067 12~04/03 REF. DWG. #B-4470 PARCEL NO. 715-B A PORTION OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT "B-I" OF THE PLAT OF TRACT "B-I" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°I l'09"E., FOR A DISTANCE OF 23.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND THE SAME BEING THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.00°l l'09"E., A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 25°50'31" SUBTENDED BY A CHORD OF 22.36 FEET AT A BEARING OF N.76°53'36"W., FOR A DISTANCE OF 22.55 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°48'5 I"E., FOR A DISTANCE OF 23.89 FEET; THENCE RUN S.00°I 1' 14"W., FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°48'5 i"W., ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 2.09 FEET TO THE POINT OF BEGINNING; CONTAINING 83.9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "B-I" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.00°i 1 '09"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 FOLIO NO' Naples · Fort Myers. Venice k I ~ 'q ~ EASEMENT PER PLAT ~'L~ ~..I. ~ L2- EXHIBIT HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110, Phone: 239.254,2000, Fax: 239,25k2075 TEMPORARY DRIVEWAY RESTORATION EASE~ (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CON~TRUCTIOt~ 100 HM PROJECT #2000067 12/04/03 REF. DWG. #B-3797 PARCEL NO. 716-A A PORTION OF TRACT "B-i" OF THE PLAT OF TRACT "B-I" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHWESTERLY CORNER OF TRACT "B-I" OF THE PLAT OF TRACT "B- 1" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°I 1 '09"E., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "B- 1", FOR A DISTANCE OF 23.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00°I 1 '09"E. FOR A DISTANCE OF 28.00 FEET; THENCE RUN N.89°48'51"W. FOR A DISTANCE OF 6.08 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT "B-I"; THENCE RUN S.00°10'54"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "B-I", FOR A DISTANCE OF 6.80 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE BOUNDARY OF SAID TRACT "B-1" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 32000'05", SUBTENDED BY A CHORD OF 22.05 FEET AT A BEARING OF S.15°49'09"E., FOR A DISTANCE OF 22.34 FEET TO THE POINT OF BEGINNING; CONTAINING 128.7 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "B-1" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.00°I 1 '09"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB $$1772 BY P.S.M. $$5628 STATE OF FLORIDA FOLIO Naples · Fort Myers, Venice EXHIBIT ./~ U~\2000\2000067\TAKE SKETCHESXSE22-BI-TE,clwg T:bl Mode[ Dec 04, 2003 - 10~37~m Plot'ted by: BenNowe~[ I00 ~ Z E Z ml a~ TEMPORARY ~Y · '~ " '~"0 _o _o (DURATION: 3 YEARS z z (X)MMENCEMENT OF ~ z t , r-- > ~ I 0~"~ I ~ ~ =~ ~ EASEMENT PER 0 N 00'11'09" E ~ I E*SE~ENT ,~ ~L*T I m ~ - ~> ~ o --0 ~ m -EXHIBff. HOLE MONTES ENGINEERS- PLANNERS. SURVEYORS 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000 · Fax: 239.254.2075 TEI,4PORARY CONSTRUCT'lON EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 12/04/03 REF. DWG. #B-4477 PARCEL NO. 716-B LEGAL DESCRIPTION A PORTION OF TRACT "B-i" OF THE PLAT OF TRACT "B-I" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA~ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT '~B-I" OF THE PLAT OF TRACT "B-I" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°l l'09"E., FOR A DISTANCE OF 23.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89°48'5 i"W., ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 47.91 FEET; THENCE RUN N.00~i 1' 14"E., FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°48'5 I"E., FOR A DISTANCE OF 26.11 FEET TO A POINT ON THE BOUNDARY OF SAID PLAT OF TRACT "B- 1" AND TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N.26°01'40"E., A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID PLAT OF TRACT "B-I" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 25°50'31'', SUBTENDED BY A CHORD OF 22.36 FEET AT A BEARING OF S.76°5Y36"E., FOR A DISTANCE OF 22.55 FEET TO THE POINT OF BEGINNING; CONTAINING 166.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "B-I" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.00°I l'09"E. HOLE MONTES, INC. ' CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO NO. q [ Cq. gCqg Naples · Fort Myers · Venice TEMPORARY CONSTRUCTION EAE~MENT (DURATION: 3 YEARS FROM COMI~ OF U~\2000\2000067\TAKE SKETCHESXSE22-B1-TE-]~.clwg To.b~ Hodet Dec 04, 2003 - 1O~40o. m Plo't;'t:eol by, BenNowe[[ EXHIBIT page~ of~ OO coo i1-1 I I c:j° ~- 23' R-O-W -': EASEMENT PER PLAT O .~o Z I 't ~&Oo I ',~ N 00'11'09" 23.00' I-- --~ 0 ~> = · --t C) · FOLIO NO. EXHIBIT Page.~L~___of HOLE MONTES ENGINEERS. PLANNERS, SURVEYORS 95(3 Encore Way, Naples, Florida 34110, Phone: 230.254.2000 · Fax: 239.254.2099 FEE SIMPLE INTEREST LEGAL DESCRIPTION HM PROJECT #2000067 7/17/3 REF. DWG. #B-3631-1 PARCEL NO. 117 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 89°48'5 I"W., ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 13t0.76 FEET; THENCE RUN S.05°34'06"E. FOR A DISTANCE OF 125.63 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD, THE SAME BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GOODLETTE ROAD (C-851), A 130.00 FOOT RIGHT-OF- WAY AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.05°34'06"E., ALONG THE WESTERLY RIGHT-OF-WAY OF GOODLETTE ROAD, FOR DISTANCE OF 53.47 FEET; THENCE RUN N.49°49'17"W. FOR A DISTANCE OF 36.10 FEET; THENCE R[JN N.89°48'5 I"W. FOR A DISTANCE OF 22.95 FEET; THENCE RUN N.49°49' 17"W. FOR A DISTANCE OF 31.12 FEET TO A POINT 135.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE RUN N.89°48'51"W. FOR A DISTANCE OF 416.10 FEET TO A POINT ON THE EAST LINE OF A 100.00 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT RECORDED IN DEED BOOK 30 AT PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N 05° '" · 3451 W., ALONG THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 10.05 FEET; THENCE RUN S.89°48'51"E., ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 486.20 FEET TO THE POINT OF BEGINNING; CONTAINING 6339.3 SQUARE FEET, MORE OR LESS. - THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°48' 15"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB # 1772 BY .... "~ P.S.M. #5628 · THOMAS M. MUR~~ STATE OF FLORIDA FOLIO NO.o 31 Naples, Fort Myers. Venice - Englewood FEE SIMPLE INTEREST EXHIBIT Pr Page_%--'Tb of_ J ~ ~ .~ ~o It~L~,~z · ~ '' ~ . m o~ -o o jE Im ZZZZ -- ~~> r-_l >~ mo ~,'o I oz 0 ° ~ ~ ,,90'*~';0 ~ ~ ~ oo~ ~ ?~ ~ =~o ~ ~,~ · ~. ~ ~0 ~-o-~ooo~,O~ ~ FOLIO NO.~( t5~ EXHIBIT Page of 1,4 HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way. Naples, Ftorida 34110. Phone: 941.254.2000. Fax: 941.254,2099 ROAD RIGHT. OF.I~y, ~ HM PROJECT #2000067 7/16/3 REF. DWG. #B-3628-1 PARCEL NO. 118 LEGAL DESCRIPTION A PORTION OF TRACT C OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF THE FORMER SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AS RECORDED IN O.R. BOOK 9~1 AT PAGE 1087 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORDA, WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS THE SAME ARE SHOWN ON THE PLAT OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°48'5 i"E., ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, FOR A DISTANCE OF 87.43 FEET TO A POINT ON THE BOUNDARY OF TRACT C OF COLLIER HEALTH PARK, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.00°l 1 '09"E. A DISTANCE OF 30.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE BOUNDARY OF SAID TRACT C AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 76°30'24'', SUBTENDED BY A CHORD OF 37.15 FEET AT A BEARING OF N.51 °33'39"W., FOR A DISTANCE OF 40.06 FEET TO A POINT 23.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTHWESTERLY, ALONG THE BOUNDARY OF SAID TRACT C AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 07°43'26TM, SUBTENDED BY A CHORD OF 4.04 FEET AT A BEARING OF N.09°26'44"W., FOR A DISTANCE OF 4.04 FEET TO THE END OF SAID CURVE; THENCE RUN N.05°35'01,W., ALONG THE BOUNDARY OF SAID TRACT C, FOR A DISTANCE OF 23.27 FEET; THENCE RUN S.54°49'17"E. FOR A DISTANCE OF 38.60 FEET; THENCE RUN S.89°48'51"E. FOR A DISTANCE OF 291.39 FEET; THENCE RUN S.00°I 1 '09"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°48'5 I"W. FOR A DISTANCE OF 319.99 FEET TO THE POINT OF BEGINNING; CONTAINING 1927.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,, AS BEING S.89°48'5 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 . :. THOMAS M. P.S.M. #5628 STATE OF FLORIDA FOLIO NO. ]I Naples · Fort Myers. Venice. Englewood EXHIBI' .FF Page S?._ ~g. PERPETUAL NON.~ ROAD RIC. d-IT~y, ~ o o z z I ---t -I o ~ z=Z t I z~ ~ 23,00' o R-O-W EASEMENT ~ ~E~ PLAT I ~ o O ~ ~ ~ ~g-(l~ gd 'I,L '~'d I 00 ~o i i O~ ,~' ~ 130.00' . ~ 'o I ~°'gol ~~ · ~ R-O-W EASEMENTpER PLAT -I~ FOLIO NO. g .~io':~ >~ EXHIBIT Page_.~.~z_of ~ HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way. Naples, Florida 34110, Phone: 239,254.2000 · Fax: 239.254.2099 FEE SIMPLE INTEREST LEGAL DESCRIPTION HM PROJECT #2000067 7/16/3 REF. DWG. #B-3632-2 PARCEL NO. 119 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARI.Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°48'5 i"W., ALONG THE NORTtt LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 930.10 FEET; THENCE RUN S.05°34'06"E. FOR A DISTANCE OF 125.63 FEET TO A POINT ON THE SOUTHERLY RIGItT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.05°34'06"E. FOR A DISTANCE OF 3.02 FEET; THENCE RUN N.89°48'5 I"W. FOR A DISTANCE OF 201.64 FEET; THENCE RUN S.00°I l'09"W. FOR A DISTANCE OF 23.75 FEET; THENCE RUN N.89°48'5 I"W. FOR A DISTANCE OF 33.52 FEET; THENCE RUN S.30°10'43"W. FOR A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE ROAD, A 130.00 FOOT RIGHT-OF-WAY; TItENCE RUN N.05°34'06"W., ALONG THE EASTERLY RIGHT-OF-WAY OF GOODLETTE ROAD, FOR A DISTANCE OF 45.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF iMMOKALEE ROAD; THENCE RUN S.89°48'5 I"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1984.6 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N,89°48'5 I"W. HOLE MONTES, iNC. CERTJF!CATION OF' AUTIt0RIZATION LB #] 772 BY ' : THOMAS M. P.S.M. #5628 STATE OF FLORIDA FOLIO Naples, Fort Myers · Venice · Englewood FEE SIMPLE EXHIBIT~ INTEREST I~ge ~'9 of I ~' 'Z o1Z (/) U) r-- jl Cd o0 0 0 C) z 0 q3 0 ~(J~ ~ Fq ~ '~' _ZzDO~=z z ~o~o ~ ~ ~ ~ ~ 3Nlq M-O-B IS~3 ~r - ~' ~o=~ , 119 ~ ~ 00~ = 125,00' ~ ~ oo ~O o FOLIO EXHIBIT Page ~of HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way. Naples, Flodda 34110, Phone: 239.254.2000. Fax: 239,254.2099 FEE SIMPLE INTEREST HM PROJECT #2000067 7/17/3 REF. DWG. #B-3817-1 PARCEL NO. 120 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.01°08'54"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 100.03 FEET TO A POINT 100.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLY PROLONGATION OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01 °08'54"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 35.01 FEET TO A POINT 135.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLY PROLONGATION OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE RUN N.89°48'5 i"W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 20.03 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE EASEMENT RECORDED IN O.R. BOOK 616 AT PAGE 1912 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°I 1 '09"E., ALONG THE EASTERLY BOUNDARY OF SAID EASEMENT, FOR A DISTANCE 30.00 FEET; THENCE RUN N.89°48'5 I"W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID EASEMENT RECORDED IN O.R. BOOK 616 AT PAGE 1912 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°I 1 '09"E., ALONG THE WESTERLY BOUNDARY OF SAID EASEMENT, FOR A DISTANCE OF 5.00 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT AND A POINT 100.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°48'5 i"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 79.22 FEET TO THE POINT OF BEGINNING; CONTAINING 986.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89°48'5 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO Naples · Fed Myers · Venice, Englewood FEE SIMPLE INTEREST EXHIBIT Page ~(~ of~ ~ o "13 "O t= o ~ oorr'l [13 i'D r- mv' I zZ _r- .- = Zrtl I 1 o ~" _2: :z "' '"" ,~ j L2 00'1 l'Og" E 30.00' ' ' t~ ~ : 55.0' ~ m ~g-g~-Lg NOltDaS I FOLIO Z Z r- oO.~°z ~m m~ EXHIBIT-- page ?~_~-of~ HOLE MONTES ENGINEERS. PLANNERS. ~RV~ORS 950 Encore Way. Naples, Florida 34110 · Phone: 239.254.2000, Fax: 239,254,2099 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CON~ HM PROJECT #2000067 7/17/3 REF. DWG. #B-3798 PARCEL NO. 721 LEGAL DESCRIPTION A PORTION OF TRACT R (MEDICAL BOULEVARD) OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOUTHEASTERLY CORNER OF TRACT R (MEDICAL BOULEVARD) OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°13'25"W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N.00°46'35"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 32.25 FEET; THENCE RUN N.89°13'25"E. FOR A DISTANCE OF 80.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT R; THENCE RUN S.00°46'35"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 32.25 FEET TO THE POINT OF BEGINNING; CONTAINING 2580.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT R (MEDICAL BOULEVARD) OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°13'25"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY ' ' THOMAS M., MIYRPH~ ~/ STATE OF FLORIDA FOLIO NO. Naples. Fort Myers, Venice, Englewood EXHIBIT /~ Page .5-$ of~ DRIVEWAY '~' RE$'I'ORA~ E~a~SEMEI~rr TRACT R o~i ~ NORTH NAPLES o ~ MEDICAL PARK Q Q P.B. ~6, P~ 46-47 EXHIBIT Page~of ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000 · Fax: 239.254.2099 FEE SIMPLE INTEREST LEGAL DESCRIPTION HM PROJECT #2000067 7/17/3 REF. DWG. #B-3709 PARCEL NO. 122 A PORTION OF LOT 1 OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOUTHWESTERLY CORNER OF LOT 1 OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89° 13'25"E., ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 17.42 FEET; THENCE RUN N.50°46'30"W. FOR A DISTANCE OF 22.74 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE RUN S.00°46'35"E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 14.62 FEET TO THE POINT OF BEGINNING; CONTAINING 127.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF LOT I OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E. HOLE MONTES, 1NC. CERTIFICATION OF AUTHORIZATION LB #1772 BY · T~IO~A'S M. MI31LPI~ '~ STATE OF FLORIDA FOLIO NO. Naples. Foil Myers · Venice · Englewood FEE SIMPLE INTEREST EXHIBIT ~ ~..~~~ 1 OD EXHIBIT' HOLE MONTES ENGINEERS. PLANNERS, SURVEYORS IOD 950 Encore Way. Naples, Florida 34110. Phone: 941.254,2000 · Fax: 941.254.2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-3858-1 PARCEL NO. 123 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°13'25"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 696.09 FEET; THENCE RUN S.00°46'35"E. FOR A DISTANCE OF 100.00 FEET TO A POINT 100.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 89°13'25"E., ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 110.00 FEET; THENCE RUN S.00°46'35"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 50.00 FEET; THENCE RUN N.45°46'35"W. FOR A DISTANCE OF 49.50 FEET; THENCE RUN S.89°13'25"W. FOR DISTANCE OF 40.00 FEET; THENCE RUN S.44°13'25"W. FOR A DISTANCE OF 49.50 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.00°46'35"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.066 ACRE, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"IE. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO Naples- For[ Myers. Venice. Englewood PERPETUAl., m~.o ,~m'~.~,,,. ~.,.,~ E. XHIBIT zz ,on ~ c~ ~z ~' > ~ 0 0 zm 0~0 ~Z: ~ Z o o ~ ~ O0 ~ 0 ~ 0~0 ~ I oooooz ' ~ I [ ~ ~ > L5 '~S 00'46'55" E 100.00' " ~ o --0 ~ I I ~z I EXHIBIT Page of, I g' HOLE MONTES ENGINEERS. PLANNERS- SURVEYORS 950 Encore Way, Naples, Florida 34110 · Phone: 239.254.2000, Fax: 239.254.2099 PERI: 'TU NON, XCI.UaI ROAD RIGHT-OF.4R~Y, DRAIN/M:~ ANO UTIMTY EASEMENT HM PROJECT #2000067 7/16/3 REF. DWG. #B-3634-1 PARCEL NO. 124 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOIXFH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMlVIENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°13'25"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 993.76 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE RUN S.01°13'05"E., ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 120.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF A RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1722 AT PAGE 634 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.87°27' 17"E., ALONG THE SOUTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 258.87 FEET TO A POINT 73.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE RUN S.01 °14'29"E., PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 25.05 FEET; THENCE RUN N.87°27' 17"W. FOR A DISTANCE OF 19.29 FEET; THENCE RUN N.36°41 '24"W. FOR A DISTANCE OF 19.45 FEET; THENCE RUN N.87°27' 17"W. FOR A DISTANCE OF 228.28 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE RUN N.01 °13'05"W., ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 9.96 FEET TO THE POINT OF BEGINNING; CONTAINING 2,947~8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHiP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E. HOLE MONTES, INC. CERTIFICATION OF AuTHoRIZATION LB #1772 BY '~: '.' . THOM.~, M?~vF.JP~HY P.S.M. #5628 STATE OF FLORIDA FOLIO NO.- Naples · Foil Myers · Venice · Englewood EXHIBIT~ P~le.A.2_ ~ / ~ g_ PERPETUAL NON-EXCLUSIVE ROAD RIQHT-OF.V~y, DRAII~GE ~ UTIUTY EA,S'EMENT EXHIBIT HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS lOg 950 Encore Way · Naples, Florida 34110 · Phone: 239.254.2000, Fax: 239.254.2075 CON~3~I-~TI()N EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT g2000067 12/04/03 REF. DWG. #B-4472 PARCEL NO. 724 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°13'25"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 993.76 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE RUN S.01°13'05"E., ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 129.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.87°27' 17"E., FOR A DISTANCE OF 228.28 FEET; THENCE RUN S.36°41 '24"E., FOR A DISTANCE OF 6.46 FEET; THENCE RUN N.87°27'17"W., FOR A DISTANCE OF 232.03 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE RUN N.0I°13'05"W., ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING; CONTAINING 1,150.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO NO. Naples, Fort Myers. Venice 'I"BAPORAF~ 'CONB~ F-AB~MENT (DURATION:. 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT Page~ of ~_~ ~ U'\8000\2000067\TAKE SKETCHES\NW26-26-TE.dwD Te, b~ Model Dec 04, 2003 - 10~470m P[ot:t:ed by, BenNowell g > oo oo r-q -~, ~ .oo'0~ " ~ "' o !~ > '~' % ~,96'6~t ~'~ Zl zz o i ~ zm ~ O M-O-a XINRO3 ~319900 I I ~ I z FOLIO NO ~ 0 p z cn t- oo4 tD Z Frl EXHIBIT_. Page Z~.~__of~ HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS FEE SIMPLE INTEREST LEGAL DESCRIPTION 950 Encore Way- Naples, Florida 34110. Phone: 941.254.2000. Fax: 941.254.2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-3635-1 PARCEL NO. 125 A PARCEL OF LAND LOCATED IN TIlE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°13'25"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1325.02 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE R' ° ' " UN S.01 14 29 E., ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.0I o 14'29"E., ' ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 17.93 FEET; THENCE RUN S.46°52'54'W. FOR A DISTANCE OF 10.74 FEET; THENCE RUN N.01 ° 14'29"W., PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 25.17 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°13'25"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING; CONTAINING 172.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSttlP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E. HOLE MONTES, INC; ";' ':~, CERTIFICATION OF AUTH.0~.~.~'I~TION LB #1772 I i P.S.M/#5628 STATE OF FLORIDA FOLIO Naples · Fort Myers · Venice. Englewood FEE SIMPLE EXHIBIT, INTEREST Page_/,~.E._of ZZ~ ~ HOLE MONTES ENGINEERS. PLANNERS. SLIRVEYORS [00 FEE SIMPLE INTEREST 950 Encore Way, Naples, Florida 3411 O. Phone: 941.254.2000. Fax: 941.254,2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-3636~1 PARCEL 126-A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CQLI. IER COUNTY, FLORIDA; THENCE RUN N.89°13'25"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1325.02 FEET TO TIlE NORTHEAST CORNER OF 'ritE WEST ttALF OF TIlE NORTHWEST QUARTER OF SAID SECTION 26; THENCE RUN S.01°14'29"E., ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THEPARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01 °14'29"E., ALONG THE EAST LINE OF THE WEST HALF OF TIlE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 17.93 FEET; THENCE RUN N.46°52'54"E. FOR A DISTANCE OF 26.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF 1MMOKALEE ROAD; THENCE RUN S.89°13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 19.82 FEET TO THE POINT OF BEGINNING; CONTAINING 177.7 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTtl, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E. HOLE MONTES, INC. CERTIFICATION OF AUTIIORIZAT1ON LB # 1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO Naples - }:od Myers. Vemce. Englewood FEE SIMPLE EXHIBIT FOLIO NO OOqO~ ' rq coz:co r- c/ z g~-~m -.-I ~> EXHIBIT HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS FEE SIMPLE INTEREST 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000. Fax: 239.254.2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-4236 PARCEL NO. 126B LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.01°20'03"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 206.50 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF PARNU STREET, A 60.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF SOUTHWIND ESTATES ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11 AT PAGES 16 AND 17 THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89°13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 322.70 FEET; THENCE RUN S.00°46'35"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°13'25"E. FOR A DISTANCE OF 283.19 FEET; THENCE RUN S.35°52' 13"E. FOR A DISTANCE OF 18.33 FEET; THENCE RUN N.89°13'25"E. FOR A DISTANCE OF 28.96 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF PARNU STREET; THENCE RUN N.00°46'35"W., ALONG THE WESTERLY RIGHT-OF-WAY LINE OF PARNU STREET FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 2126.9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CO~LJER COUNT. Y, FLORIDA, AS BEING S.89°13'25"W. HOLE MONTES, INC CERTIFICATION OF AUTHOI~IZXTION LB # 1772 BY THOMAS M. MU~.HY P.S.M. #5628 STATE OF FLORIDA FOLIO Naples · Fort Myers · Venice · Englewood FF~ ruMPLE EXHIBIT r-, o~ ooZ o~o~m ~ ~ ~ i~ ,o > I , I0 ~ ~~ Z ~ o ~ ~ ZL 'Od 'LL '8'd S~VIS30N~flOS ,O0'OG ~ ~ ,,¢0,0~. LO S ~.~~ ~ '~ FOLIO O CO O0gn O~ 04 g m EXHIBIT_C__ HOLE MONTES ENGINEERS.PLANNERS.SURVEYORS 950 Encore Way, Naples, Florida 34110, Phene: 239.254.2000.. Fax: 239.254.2099 FEE SIMPLE INTEREST LEGAL DESCRIPTION HM PROJECT #2000067 7/16/3 REF. DWG. #B-3637-1 PARCEL NO. 127 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTI-[EAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; T}IENCE RUN S.01°20'03"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF iMMOKALEE ROAD; THENCE RUN S.89°13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 108.45 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89° 13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 38.05 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF PARNU STREET AS THE SAME IS SHOWN ON THE PLAT OF SOUTHWIND ESTATES ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11 AT PAGES 16 AND 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.00°46'35"E., ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PARNU STREET, FOR A DISTANCE OF 15.00 FEET; THENCE RUN N.52°35'3 I"E. FOR A DISTANCE OF 8.38 FEET; THENCE RUN N.89°13'25"E. FOR A DISTANCE OF 31.33 FEET; THENCE RUN N.00°46'35"W. FOR A DISTANCE OF 10.00 FEET TO THE .POINT OF BEGINNING; CONTAINING 397.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E. HOLE MONTES, INC. ' CERTIFICATION OF AUTHORIZA'i'ION LB # 1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO NO. Naples. Fort Myers. Venice. Englewood FEE SIMPLE EXHIBIT _.EL_ o o c~ O0I~ m ~ro ~ =- P~NU STREET ~ 60 R-O-W z ~ g~ NOEO3S ~/~ MN --0 Z F_..XHIBIT_/ - HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way · Naples, Florida 34110 o Phone: 239.254.2000 · Fax: 239.254.2075 [DURATION: :3 YEARS FROM OgMI~N~I~NT OF CONSTRUC~ON) HM PROJECT #2000067 12/04/03 REF. DWG. #B-4473 PARCEL NO. 727 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.01°20'03"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01°20'03"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°13'25"W., FOR A DISTANCE OF 108.49 FEET; THENCE RUN N.00°46'35"W., FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°13'25"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 108.45 FEET TO THE POINT OF BEGINNING; CONTAINING 542.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY FOLIO - Naples · Fort Myers · Venice EXHIBIT ,,4, Page qu of Iq,~ 1 O0 U,\200O\200OOf7\TAKE SKETCHES\NWE6-C6-TE,dwg T(zb, Mode[ Dec 04, 2003 - lO,52am Pto~ed by~ BenNowet~ ~ (DURATION:. 3 YEARS FROM r"- COMMENCEMENT OF CONSTRUCTION) ~= Z n %1 ' ~m PARNU STREET - I Iz ~PUBLICLY DEDICATED R-O-W PER PLAT ,~,~ Pa~e6 L c m: z g g . . ~ zn ~ ~0 / '~' ,oo'o~[ ] .~o,o~.[o s 9~ NOUO~S ~/[ ~N 3un ~sv3 FOLIO NO EXHIBIT HOLE MONTES ENGINEERS ~ PLANNERS' SURVEYORS 1OD 950 Encore Way · Naples, Florida 34110 · Phone: 239.254.2000 o Fax: 239.254,2099 FEE SIMPLE INTEREST HM PROJECT #2000067 7/16/3 REF. DWG. #B-3671 - I PARCEL NO. 128 LEGAL DESCRIPTION A PORTION OF TRACT "GC 1" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF TRACT "GCI" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "GCI", FOR A DISTANCE OF 53.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "GCI" FOR A DISTANCE OF 222.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID TRACT "GCI" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 29.35 FEET, THROUGH A CENTRAL ANGLE OF 71 °24'48", SUBTENDED BY A CHORD OF 34.26 FEET AT A BEARING OF S.55°03'20"E., FOR A DISTANCE OF 36.58 FEET TO THE END OF SAID CURVE; THENCE RUN N.68°00'33"W. FOR A DISTANCE OF 38.77 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 214.40 FEET; THENCE RUN N.00°45'44"W. FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1369.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "GCI" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTIFICATION OF.~.U,.~HORIZATION LB #1772 BY , P.S.M. #5628 .... · THOMAS STATE OF FLORIDA FOLIO Naples · Fort Myers · Venice · Englewood FEE SIMPLE INTERESt EXHIBIT ~ I Z Z ~ Z ~o o~1 = = Z I Z PRIVATE ROAD RIGHT-OF-WAY c) q c9. ~ m ..h 0 r'q __I 0 r-' = : Z F'q .EXHIBIT of HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way · Naples, Florida 34110 · Phone: 239.254.2000 · Fax: 239.254.2075 HM PROJECT ¢2000067 12/04/03 REF. DWG. #B-4475 PARCEL NO. 728 A PORTION OF TRACT "GCI" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF TRACT "GCI" OF SOUTHAMpTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "GCi", FOR A DISTANCE OF 53.78 FEET; THENCE RUN S.00°45'44"E., FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°14' 16"W., FOR A DISTANCE OF 55.48 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT "GCi"; THENCE RUN N. 17°59'05"E., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "GCI" FOR A DISTANCE OF 5.28 FEET TO THE POINT OF BEGINNING; CONTAINING 273.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "GCI" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89° 14' 16"E. HOLE MONTES, INC. CERTIFICATION OF O~HORIZATION'LB'#1772 P.S.M. #5628 STATE OF FLORIDA FOLIO Naples · Foal Myers, .Venice CONST.UCnO. ~AS~.T EXHIBIT ~ (DURATION: 3 YEAR8 FROM ,,,,, COMMENCEMENT OF CONSTRUCnON~'age ~'~ of I Hg U,\2OOO\BOOOOG7\TAKE SKEI'CHESSNE26-QC1-TE.dwg Tab, Model Dec 04, 2003 - lO~55am Pro%ted by, BenNowell _~ PARNU STREET ~ ~z 60_-°-w ? 9~ NOII03S ~/L MN --,. O0 0 Cp Z = = : Z Fq m~mm Z .O0'Ogt FOLIO NO. r~ tom ul:;o EXHIBIT'_ ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way, Naples, Florida 34110 · Phone: 239.254.2000 · Fax: 239.254.2099 TEMPORARY DRIVEWAY RE~ITORATION EASEMENT (DURATION: 3 YEARS FROM 00MMENC~MENT OF CONSTRUCTION) HM PROJECT #2000067 7/17/3 REF. DWG. #B-3799 PARCEL NO. 729 LEGAL DESCRIPTION A PORTION OF TRACT "R" (BENT TREE LANE) OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF TRACT "R" (BENT TREE LANE) OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "R", FOR A DISTANCE OF 172.14 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID TRACT "R", THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.00°45'44"E. A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY BOUNDARY OF SAID TRACT "R" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 78027'47", SUBTENDED BY A CHORD OF 31.62 FEET AT A BEARING OF S.50°00'22"W., FOR A DISTANCE OF 34.24 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°14'16"W. FOR A DISTANCE OF 119.82 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT "R", THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S.70°39'41"W., A DISTANCE OF 29.35 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE WESTERLY BOUNDARY OF SAID TRACT "R" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 29.35 FEET, THROUGH A CENTRAL ANGLE OF 71o25'25'', SUBTENDED BY A CHORD OF 34.26 FEET AT A BEARING OF N.55°03'02"W., FOR A DISTANCE OF 36.59 FEET TO THE POINT OF BEGINNING; CONTAINING 2669.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "R" (BENT TREE LANE) OF SOUTHAIVI]:q'ON UNIT ONE (BENT TREE LANE) ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO NO.-7'gct/ Naples, Fort Myers, Venice, Engtewood TEMPORAI~ DRNEWAY RESTORATION EASEMENT ~OUR~T~: ~ ~.~s FeO~EXHIBIT ~ ..... COMMENCEMENT OF CONSTRUCTION) Page ~0f...L~.L -4O Z I::~ ,---3 I oo ~ ~ . o ~ I ~o ~q ~ z ~ SOUTHAMPTON UNIT ONE P.B. 19, PGS 9g-~03 ,oo'o~ O ~ I' - I Z o ~ -. Z ~ Z ~ m ~ · .m EXHIBIT HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS IOD FEE SIMPLE INTEREST 950 Encore Way. Naples, Florida 34110. Phone: 941.254.2000 · Fax: 941.254.2099 HM PROJECT #2000067 7/16/3 REF. DWG. #B-4237 PARCEL #130 LEGAL DESCRIPTION A PORTION OF TRACT "GC2" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "GC2" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01°24'33"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "GC2", FOR A DISTANCE OF 20.23 FEET; THENCE RUN N.46°05'09"W. FOR A DISTANCE OF 28.77 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "GC2"; THENCE RUN N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "GC2", FOR A DISTANCE OF 20.23 FEET TO THE POINT OF BEGINNING; CONTAINING 204.6 SQUARE FEET; MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "GC2" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14'16"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY THoMAs M.~MU~HY.- · .:__'P.S.M. #5628 STATE OF FLORIDA FOLIO NO.nHq ©llo© Naples. Fort Myers- Venice, Englewood FEE SIMPLE EXHIBIT_t~,_. '~! f~,~ INTEREST Page.~.J.~f ~ L~ ~ ~ ~ o o I >,:, ,::, ~ or'''> I I ~ 3 ,,~,~g.~O Sx z ~ ~ c ~ z . ~ O ~ ~ ,o'o~ O~ ~ ~ ~ FOLIO NO.]qq,~ EXHIBIT,, HOLE MONTES ENGINEERS. PLANNERS- SURVEYORS 100 LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000 · Fax: 239.254.2099 TEMPORARY DRIVLmNAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT//2000067 7/17/3 REF. DWG. #B-3800 PARCEL NO. 730 A PORTION OF TRACT "GC-2" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHEASTERLY CORNER OF TRACT "R" (BENT TREE LANE) OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE WESTERLY BOUNDARY OF TRACT "GC-2" OF SAID PLAT OF SOUTHAMPTON UNIT ONE; THENCE RUN S.00°45'44"E. FOR A DISTANCE OF 20.00 FEET; THENCE RUN S.89 °14"16"W. FOR A DISTANCE OF 24.49 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT "GC-2", THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.79°13'3 I"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE WESTERLY BOUNDARY OF SAID TRACT "GC-2" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 78°27'47'', SUBTENDED BY A CHORD OF 31.62 FEET AT A BEARING OF N.50°00'22"E., FOR A DISTANCE OF 34.24 FEET TO THE POINT OF BEGINNING; CONTAINING 366.7 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "R" (BENT TREE LANE) OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. 05628 STATE OF FLORIDA FOLIO NO.-,L q[50 It Naples. Foal Myers. Venice. Englewood TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT_. L BENT TREE ~E TRACT 'R' SOUTHAMPTON UNIT ONE P.B. 19, PGS 92-103 z O~ ~ ~ ~ FOLIO NO. , EXHIBIT .... Page Of_Lq, g HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way, Naptes, Flodda 34110 · Phone: 239.254.2000 · Fax: 239.254.2099 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF4NAY, DRAINAGE ANO UTIMTY EASEMENT HM PROJECT ~2000067 711613 KEF. DWG. #B-4238 PARCEL #131-A LEGAL DESCRIPTION A PORTION OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEKEOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 85.95 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89°14'16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 289.36 FEET; THENCE RUN S.01°29'02"E., ALONG THE BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 10.00 FEET; THENCE RUN S.89°14' 16"W., FOR A DISTANCE OF 86.79 FEET; THENCE RUN N.40°45'44"W., FOR A DISTANCE OF 6.53 FEET; THENCE RUN S.89°14'16"W., FOR A DISTANCE OF 198.50 FEET; THENCE RUN N.00°45'44"W., FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1891.5 SQUARE FEET; MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTllWICATION OF AUTHORIZATION LB #1772 THOMAS M. ~'~' STATE OF FLORIDA FOLIO NO. Naples · Fort Myers, Venice, Englewood EXHIBIT PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-V~y, DRAINAGE ANO UTILITY EASEMENT EXHIBIT i , Page of ONT S ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way, Naples, Fiodda 34110, Phone: 239.254.2000 · Fax: 239.254.2099 ~RPE'rUAL, NON.EXCLUSIVE ROAD RIGHT-OF-VtlAY, DRAINAGE AND UTIUTY EASEMENT PROJECT #2000067 7/16/32 REF. DWG. #B-4268 PARCEL NO. 131-B LEGAL DESCRIPTION A PORTION OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHEASTERLY CORNER OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE SAME BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT ROAD, A 100.00 FOOT RIGHT-OF-WAY; THENCE RUN S.01 °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "D" AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 27.00 FEET; THENCE RUN S.89°14'16"W. FOR A DISTANCE OF 25.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "D"; THENCE RUN N.01°29'02"W., ALONG THE BOUNDARY OF SAXD TRACT "D", FOR A DISTANCE OF 27,00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "D"; THENCE RUN N.89°14'16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; CONTAINING 675.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "D" OF GRF~FN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THO.MAS M. K4UI~I--~.~ :: P.S.M. #5628 STATE OF FLORIDA FOLIO NO. cCCO<5 Naples · Fort Myers · Venice. Engiewood ~ ~~~, o~'~$KHIBIT ~ EASEMENTpage c~ Of /L/~ ~' i '~ J FOLIO NO.'-/ .-." o I I ~ ~ Z ~z ~= ~ ~ ~o I ~ ~ ~ o~ zZ " " ~ ~PORT-P~U,INC RO~ / ~'.- · FOLIO NO.~q~~ z L/~ fJ~ Z I-- ~o rtl _q = = = Z m oOiO 00~'' lo00 Z EXHIBIT HOLE MONTES ENGINEERS. PLANNERS. SURV~0R$ IOD 950 Encore Way, Naples, Flodda 34110, Phone: 239.254.2000, Fax: 239.254.2099 ~ DRIVEWAY REs'rORA11ON EASE~ ~NT OF CONSTR~ON) HM PROJECT #2000067 7/16/3 REF. DWG. #B-3710-1 PARCEL NO. 731-A LEGAL DESCRIPTION A PORTION OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89° 14'16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 85.95 FEET; THENCE RUN S.00°45'44"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.39°14' 16"W. FOR A DISTANCE OF 26.76 FEET; THENCE RUN S.00°45'44"E. FOR A DISTANCE OF 16.00 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 50.00 FEET; THENCE RUN N.00°45'44"W. FOR A DISTANCE OF 16.00 FEET; THENCE RUN N.37°05'00"W. FOR A DISTANCE OF 31.65 FEET TO THE POINT OF BEGINNING; CONTAINING 2576.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC,. ,-'-,' CERTIFICATION OF, AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA FOLIO NO. G qO Naples · Fort Myers · Venice. Englewood · j~lllJJOj~l~=~/DRIVEWAY ~TION EASEMENT (OUR~TION: 3 YEARS FROM CX)MMENCEMENT OF CONSTRUCTION) EXHIBIT, EXHIBIT HOLI= MONTES ENGINEERS. PtANNERS. SURV~0RS I00 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000, Fax: 239.254.2099 TEll/~=~RARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/25/3 REF. DWG. #B-3711-2 PARCEL NO. 731-B LEGAL DESCRIPTION A PORTION OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF TRACT "D" OF SAID GREEN TREE CENTER; THENCE RUN S.01°29'02"E., ALONG THE BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01 °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 13.00 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 76.05 FEET; THENCE RUN N.40°45'44"W. FOR A DISTANCE OF 16.97 FEET; THENCE RUN N.89°14' 16"E. FOR A DISTANCE OF 86.79 FEET TO THE POINT OF BEGINNING; CONTAINING 1058.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WESTERLy BOUNDARY OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER:C~UNTY, FLORIDA, AS BEING S.01 °29'02"E. HOLE MONTES,~IN6;',I- , , :' '' CERTIFIc~!(3t~'oF' AUTHORIZATION LB #1772 . ' '.~i-' ~:, .. # .-".i . THOMA~ M. '~URI~i'/ STATE OF FLORIDA FOLIO NO. Naples. Fort Myers. Venice. Englewood EXHIBIT /~ i O~ ~ ~~ ~ ~AY RESTORATION o o (DURATION: 3 YEARS FROM o : ~ oor- '~ '~ 8-~ ~ ~' __= mm° I -- 1 ~ro ~0 z -- ~ Z Z~ ' ~~ ~ ~;I ~ ~ ~ FOLIO z z ('° ("8 c'n ~.. ~--1~ C° 0 0:~ z ~-~'~c~o'i_~>m : ,= ~ : :1 I-q .,d ~:) 0 0 0 ~> ~ ~d Cn 0 0Z EXHIBIT Page of/q, HOLE MONTES ENGINE_ERS. PLANNERS. SURVEYORS 10O LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110, Phone: 941.254.2000 · Fax: 941.254.2099 ~ NON-EXCLUSIVE ROAD RIGHT-OF-V~Y, DRAINAGE ANO UTIMTY EASEMENT HM PROJECT #2000067 7/16/3 REF. DWG. #B-3673-1 PARCEL NO. 132 A PORTION OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF.TRACT "A OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 260.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT "A"; THENCE RUN S.0I °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 10.00 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 260.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "A"; THENCE RUN N.01 °29'02"W., ALONG THE BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 2600.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "A' OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY ' ' ' THOMAS M. MU~.PHF' P.S.M. #5628 STATE OF FLORIDA FOLIO Naples - Fort Myers. Venice. Enfliowood EXHIBIT Page ?~ of._/.E...~ RO.~R"~HT-OF-V~Y,D~.,N~EAND UTIUTY EASEMENT fi- o,o.o_iz o 0 13D =, = Z Fq EXHIBIT Page c~,~, ,o, ,c~_ HOLEMONTES 1 0~ ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way, Naples, Florida 34110 · Phone: 239.254.2000 · Fax: 239.254.2099 TBMPORAJ~ DRNEWAY RiI~:)RATK)N F. AM~MENT (DURATION: $ YEARS FROM HM PROJECT 4/2000067 7/25/3 REF. DWG. #B-4340 PARCEL NO. 732 LEGAL DESCRIPTION A PORTION OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01°29'02'E., ALONG THE BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01 °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 13.00 FEET; THENCE RUN N.36°00' 16"E. FOR A DISTANCE OF 16.23 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 9.88 FEET TO THE POINT OF BEGINNING; CONTAINING 64.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.01 °29'02'E. HOLE MONTES, INC~ CERTIFICATION OF AEITHORIZA~ON LB #1772 ? THOMAS1 M. MURPttY, STATE OF FLORIDA FOLIO Naples. For1 Myers, Venice. Engleweod TEMPORARY DRIVEWAY RE8TORATION EASE~ 130MN~NCEMENT OF C~ c o ~ O0 F--F-I-- zm i ~ r'q c~ ![23 Z 0') U) r'- ~: ~ -- II ~ . ~-~ ~ o ~,- 0 ~O'Ot ~ m o° ~ ~ Z Z ~ ,O'OG ~' ~ ,0'00 [ ~ i I ~P EXHIBIT Page HOLE MONTES ENGINEERS, PLANNERS, SURYD'0R$ 10B 950 Encore Way. Naples, Florida 34110, Phone: 239.254.2000, Fax: 239.254.2099 PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE ANO UTIUTY EASEMENT HM PROJECT #2000067 7/16/3 KEF. DWG. #B-4267 PARCEL NO. 133 LEGAL DESCRIPTION A PORTION OF TRACT "B" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF TRACT "B" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14'16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 350.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT "B"; THENCE RUN S.01 °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 15.00 FEET; THENCE RUN S.89°14'16"W. FOR A DISTANCE OF 271.70 FEET; THENCE RUN N.00°45'4.4"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 78.36 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "B"; THENCE RUN N.01 °29'02"W., ALONG THE BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4858.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "B" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89014'16"E. HOLE MONTES, INC: 7. ~i~:"'"' ' .... CERTIFICATION OF )~13~I~HQRIZATiON LB #1772 BY ~ " ~ ' P.S.M. #5628 '. ' TI-lOMAS i9!. MLIR~HY STATE OF FLORIDA FOLIO Naples. Foal Myers · Venice · Englewood ~XHIBIT ~ PERPETUAL N~U~/E ROAD R~OHT<~ AND UTIUTY EA8EMENT FOLIO, ,0'0~ -- ~ ~ ~ ~ oLIO NO i r- EjEEz ZZu3 E 2oo2~z ~m EXHIBIT. Page_lol of HOLE MONTES ENGINEERS. PLANNI~S. SURVEYORS 950 Encore Way- Naples, Florida 34110, Phone: 941.254.2000 · Fax: 94t .254.2099 PERPETtJAL NON-EXCLUSIVE ROAD RIGHT. OF-V~y, DRAINAGE AND UTIUTY EASEMENT HM PROJECT #2000067 7116/3 REF. DWG. #B-3674-1 PARCEL NO. 134 LEGAL DESCRIPTION A PORTION OF TRACT "C" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHEASTERLY CORNER OF TRACT "C" OF GREEN TREE CENTER ACCORDING TO TH~ PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01 °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "C", FOR A DISTANCE OF 15.00 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 215.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "C"; THENCE RUN N.01 °29'02"W., ALONG THE BOUNDARY OF SAID TRACT "C", FOR A DISTANCE OF 15.00 FEET; THENCE RUN N.89°14' 16"E., ALONG THE BOUNDARY OF SAID TRACT "C", FOR A DISTANCE OF 215.00 FEET TO THE POINT OF BEGINNING; CONTAINING 3225.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "C" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTIFICATION'OF AU-'fI-IcIRIZATION LB #1772 · ',,~: · . ~. TI~OMAS M. M~i~PH'ff STATE OF FLORmA FOLIO Naples. Fort Myers · Venice. Englewood EXHIBIT 4 Page ~ of JH~ PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-Vt~y, DRAINAGE AND UTIUTY EASEMENT 100 FOLIO NO . ....... FOLIO EXHIBIT ?age of HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way. Naples, Florida 3411 O. Phone: 941.254.2000. Fax: 941.254.2099 FEE SIMPLE INTEREST HM PROJECT #2000067 7/16/3 REF. DWG. #B-3681-1 PARCEL NO. 135 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,' FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°14'00"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 206.89 FEET; THENCE RUN S.00°46'00"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON TIlE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, THE SAME BEING THE MOST NORTHEASTERLY CORNER OF THAT PARCEL OF LAND DEEDED TO COLLIER COUNTY, RECORDED IN O.R. BOOK 1703 AT PAGE 1752 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89°14'00"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 457.26 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN S.01°33'38"E., ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 10.00 FEET TO A POINT10.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°14'00"W. FOR A DISTANCE 11.96 FEET; THENCE RUN S.00°46'00"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°14'00'W. FOR A DISTANCE OF 320.82 FEET; THENCE RUN N.00°46'00"W. FOR A DISTANCE OF 10.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 125.07 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL OF LAND DEEDED TO COLLIER COUNTY, RECORDED IN O.R. BOOK 1703 AT PAGE 1752; THENCE RUN N.04°23'36"E., ALONG THE EASTERLY BOUNDARY OF SAiD PARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE 1752, FOR A DISTANCE OF 5.02 FEET TO THE POINT OF BEGINNING; CONTAINING 5556.5 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO T, Iqt~ NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST; COLLTER COUNTY, FLORIDA, AS BEING N.89°14'00"E. HOLE:MONTES, INC CERTIFICATION OF AuTHORizATiON LB # 1772 . . , P.S.M. #5628 THOMAS I~I. I~JRPI-~ STATE OF FLORIDA FOLIO Naples. Fort Myers. Venice. Englewood FEE SIMPLE INTEREST EXHIBIT_ Page i~[_ of~ [-rI ~00 ('3 Frl 100' CANAL & R-O-W .COLLIER COUNTY R-O-W O.R, 1705, PG 1752 ,0'g t t 0 ~3 ,O0'OGL ~o 3 ,,O0,9LO0 S ,o'og I, Z 135' Z I '1 ,0'0t POLLO NO.0o ! L~)~%(.2,OOLA I ~Z rtl Iz {D HOLE MONTES EN(~INEERS. PLANNF3S. SURVEYORS 950 Encore Way, Naples, Florida 34110 · Phone: 239.254.2000, Fax: 239.254.2075 CONSTRUCTION E/ke~ME~ (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT g2000067 12/04/03 REF. DWG. #B-4490 PARCEL NO. 735-A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSH~ 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TttE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKA!.EE ROAD; THENCE RUN N.89° 14'00"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 206.89 FEET; THENCE RUN S.00°46'00"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, THE SAME BEING THE MOST NORTHEASTERLY CORNER OF THAT PARCEL OF LAND DEEDED TO COLLIER COUNTY, RECORDED IN O.R. BOOK 1703 AT PAGE 1752 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.04°23'36"W., ALONG THE BOUNDARY OF SAID PARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE 1752, FOR A DISTANCE OF 5.02 FEET TO A POINT 5.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89° 14'00"E., PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 125.07 FEET; THENCE RUN S.00°46'00"E. FOR A DISTANCE OF 5.00 FEET TO A POINT 10.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°14'00"W., PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 125.52 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE 1752; THENCE RUN N.04°23'36"E., ALONG THE BOUNDARY OF SAID PARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE 1752, FOR A DISTANCE OF 5.02 FEET TO THE POINT OF BEGINNING; CONTAINING 626.5 SQUARE~ FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°14'00"E. HOLE MONTES, INC. CERTIFICATION .QI~~ATION;~I~B, #1 , . .. P.S.M. #5628 STATE OF FLORIDA ,::r3LIO Naples, For~ Myers, Venice EXHIBIT.,, /~ Page ~0(~ of-.LS.~- lOp U~\2000\2000067\TAKE SKETCHESSNW25-2-I-TE-A.dwg Tab, Mode[ Dec 05, 2003 - 10~370.m Plotted by~ BenNowe[[ OO .~~' ~ CONSTRUCTION EASEMENT " -~ ~ (DURATION: 3 YEAR8 FROM o o COMMENCEMENT OF CONSTRU~ON~ zz > >, ,~ oor'- · z=Z CO~ER COUN~ R-O-W o ~ O.R. ~70~, PG ~752 ~ ~~~~~~ ~ ' ~ ~ Z --O Z ~" ~z .~. FOLIO ~ ~ EXHIBIT Page of HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS lOg 950 Encore Way · Naples, Florida 34110 · Phone: 239.254.2000 · Fax: 239.254,2075 TEMPORARY DI~IVEWAY RESTORAT~N EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF c~ON) HM PROJECT ~2000067 12/04/03 REF. DWG. #B-3712-2 PARCEL NO. 735-B LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°14'00"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 206.89 FEET; THENCE RUN S.00°46'00"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, THE SAME BEING THE MOST NORTHEASTERLY CORNER OF THAT PARCEL OF LAND DEEDED TO COLLIER COUNTY, RECORDED IN O.R. BOOK 1703 AT PAGE 1752 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.04°23'36"W., ALONG THE BOUNDARY OF SAID PARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE 1752, FOR A DISTANCE OF 5.02 FEET TO A POINT 5.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89° 14'00"E., PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 125.07 FEET; THENCE RUN S.00°46'00"E. FOR A DISTANCE OF 10.00 FEET TO A POINT 15.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89°14'00"E., PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 320.82 FEET; THENCE RUN S.00°46'00"E., FOR A DISTANCE OF 31.50 FEET TO A POINT 46.50 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°14'00"W., PARALLEL WITH THE SOUTHERLY RIGHT- OF-WAY LINE OF IMMOKALEE ROAD, F~R A DISTANCE OF 81.59 FEET; THENCE RUN N.00°00'00"W., FOR A DISTANCE OF 26.50 FEET TO A POINT 20.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°14'00"W. PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 239.59 FEET; THENCE RUN N.00°46'00"W. FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 3,761.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°14'00"E. HOLE MONTES, INC CERTI~_ !CATION O.F..,A,IdTblO~,,I~ATION LB #1772 ~ - ,,'..~ -.' ., : ' : ..'- BY ~ ' ~~ P.S.M. #5628 STATE OF FLORIDA FOLIO NO.r / COq Naples · Foal Myers · Venice EXHIBIT. IOD U~\2000\~OOOO67\TAKE SKETCHES\N~25-2-l-TE-2,d~9 To, b~ Mode~ Dec 05, PO03 - 10~36o, m P{otted by~ BenNo~eU, TEMPORARY DRIVEWAY ~ME~ME~ COUNTY 0.R. 1703, PG 1752 ~ o 0 = ooo ~ j I ~mmm~ ~ o o> m z z ~ ~ z ~ ======Zm ~mmm~ . oo ~z EXHIBIT Page of HOLE MONTES ENGINEERS. PLANNERS, SURVEYORS 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000 · Fax: 239.254.2099 PERPETUAL NON..F..XCLU~ ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT HM PROJECT #2000067 7/16/3 liEF. DWG. #B-4269 PARCEL NO. 136 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN TIlE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°14'00"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 662.07 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN S.01 °33'38"E., ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 150.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF A 50.00 FOOT RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1651 AT PAGE 146 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89°14'00"E., ALONG THE SOUTHERLY BOUNDARY OF SAID SOUTHERLY RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 456.84 FEET; THENCE RUN S.00°46'00"E. FOR A DISTANCE OF 15.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 321.28 FEET; THENCE RUN N.01 °34'34"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89° 14'00"W. FOR A DISTANCE OF 135.36 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN N.01°33'38"W., ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 6,175.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMEN. TS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°14'00"E. HOLEM.ONTEs, INC CERTIFICATION OF AUTHORIZATION LB #1772 BY THOMAS iViJ MS/RP~-IY P.S.M. #5628 STATE OF FLORIDA FOLIO NO. ; Naples, Fort Myers. Venice. Englewood EXHIBIT Page I{¢ PERPETUAL, NON, EXCLUSIVE ROAD RIGHT-OF-WAy, DRAINAGE AND UTIUTY EASEMENT ,O'Ogl ~-a~-s~ 03s , ' ,o'oo~ I I o I I I I , I~ I ' , , , ' 0 0 , I 1 , " FOLIO I I I ~ J I Z Z ~Zi , I _ OLIO ~0.~ Z Z 0") Z r- ~o~o~ ~mm EXHIBIT Page t ~ ~ of /"/,9 HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 100 LEGAL DESCRIPTION 950 Encore Way, Naples. Florida 34110, Phone: 239.254.2000, Fax: 239.254.2099 TEMPORARY DRIVEWAY RESTORATION E,ASEI~ {DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/16/3 REF. DWG. #B-3713-1 PARCEL NO. 736 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°14'00"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 662.07 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN S.01°33'38"E., ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 100.01 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF A 50.00 FOOT RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1651 AT PAGE 146 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14'00"E., ALONG THE NORTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 346.08 FEET; THENCE RUN S.01°36'02"E. FOR A DISTANCE OF 65.01 FEET; THENCE RUN N.89°14'00"E. FOR A DISTANCE OF 35.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89° 14'00"E., FOR A DISTANCE OF 69.91 FEET; THENCE RUN S.01 °36'46"E. FOR A DISTANCE OF 21.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 70.22 b'EET; THENCE RUN N.00°46'00"W. FOR A DISTANCE OF 21.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1471.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°14'00"E. no a CERTIFICA . ON OF AUTI tORIZATION LB #1772 BY ' THOMAS P.S.M. #5628 STATE OF FLORIDA FOLIO NO.c Naples. Fort Myers. Venice. Englewood TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM ~ENCEMENT OF CONSTRUCTION) EXHIBIT_A "t3"0 O0 --t--I ol r'- i r'q oo=~~om i ~ p~ ~.c ~ Z z m m z z r- I ~o"0 n 7r'q , ooo I A ~ '-' ~. . ~ j m O_~ '''~' m 0~ 4~ '~ · -.I 0 .'.~ ~ :-jo o_ -,a I t ~ Ln;x31 C.,) ,o'g~j__.~'~,~ I , , ' ~ g~ I ":! ['3 L~ m ~ - ,= I-- --I ,0'00 [ _o I __.-u I o>I I · FOLIONO. I ' I-- z f,.n tn z z = : Z r'q ~ ~ r'q r,-]r'q ~0.~' , EXHIBIT ,4- Page of HOLE MONTES ENGINEERS. PLANNERS, SURVEYORS I00 LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110. Phone: 941.254.2000. Fax: 941.254.2099 PERPETUAL, NON-EXCLUSIVE ROAD RI~HT-OF..WAY, DRAINAGE ANO UTIUTY EASEMENT HM PROJECT #2000067 7/16/3 REF. DWG. #B-3689-1 PARCEL NO. 137 A PORTION OF LOT 2 OF WINTERVIEW COURT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG/iX[ AT THE NORTHWEST CORNER OF LOT 2 OF WINTERVIEW COURT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14'00"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 63.06 FEET; THENCE RUN S.00°46'06"E. FOR A D/STANCE OF 5.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 62.98 FEET TO A POINT ON THE WESTERLY BOUNDARy OF SAID LOT 2; THENCE RUN N.01°38' 14"W., ALONG THE WESTERLY BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 5.00 FEET TO THE .POINT OF BEGINNING; CONTAINING 315.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF LOT 2 OF WlNTERVIEW COURT ACCORDING TO THE PLAT THEREOP RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER CO~...UtN-T.Y .~._..,QRIDA, AS B EING N.89 14 00 E. HOLE MONTE$~ INC. '"' '-, ,, CERTIF!~CATION OF AI)'rHOP, LZATION LB #1772 BY THOMAS .M~. MUi~PITY P.S.M. #5628 STATE OF FLORIDA FOLIO Nar~ies. Fort Mvers, Venice · Enalewnr~d PERPETUAL, NON-EX~U$1~ ROAD RIGHT-OF.WAY, DRAINAGE ANO UTIUTY EASEMENT EXHIBIT Page ~ of IH2' IOD "1' 1 '/ FOLIO NO.~c~~ ,o't~ EXHIBIT HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way. Naples, Florida 34110 · Phone: 239.254.2000. Fax: 239.254.2099 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURAl: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/11/03 REF. DWG. #B-3717-1 PARCEL NO. 738 LEGAL DESCRIPTION A PORTION OF LOT 1 OF WINTERVIEW COURT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _COMMENCE AT THE NORTHWEST CORNER OF LOT 1 OF WINTERVIEW COURT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°14'00"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 2.52 FEET TO THE .POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89°I4'00"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 AND ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 49.29 FEET; THENCE RUN S.00°46'00'W FOR A DISTANCE OF 18.50 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 49.29 FEET; THENCE RUN N.00°46'00"W. FOR A DISTANCE OF 18.50 FEET TO THE POINT OF BEGINNING; CONTAINING 911.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF LOT 1 OF WINTERVIEW COURT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14'00"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB gl 772 P.S.M. #5628 STATE OF FLORIDA FOLIO NO. G Naples · Fort Myers · Venice. Engtewood I'E~PORARY DRNEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM EXHIBIT Page J~C~ of 100 EXHIBIT Page ~\~ _of_..L.U,..~ HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS lOg LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110, Phone: 941.254.2000. Fax: 941.254.2099 TEMPORARY CONSTRUCTION EASEMENT (DURATION:. 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/16/3 REF. DWG. #B-3690-2 PARCEL NO. 739 A PORTION OF TRACT "A" OF FOUR SEASONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A" OF FOUR SEASONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01°42'49"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01 °42'49"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 25.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 60.00 FEET; THENCE RUN N.00°46'00"W. FOR A DISTANCE OF 20.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 201.05 FEET TO A POINT ON THE BOUNDARY OF THAT PARCEL OF LAND CONVEYED TO COLLIER COUNTY PER THE INSTRUMENT RECORDED IN O.R. BOOK 1823 AT PAGES 1319 THROUGH 1324 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.44° 14' lY'E., ALONG THE BOUNDARY OF SAID PARCEL RECORDED IN O.R. BOOK 1823 AT PAGES 1319 THROUGH 1324, FOR A DISTANCE OF 7.07 FEET TO A POINT 17.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY BOUNDARY OF SAID TRACT "A"; THENCE RUN N.89° 14'00"E., PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 255.64 FEET TO THE POINT OF BEGINNING; CONTAINING 2487.6 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "A" OF FOUR SEASONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14'00"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THOMAS M. MI/RPHY P.S.M. #5628 STATE OF FLORIDA FOLIO Naples. Fort Myers- Venice · Englewood TEMPORARY CONSTRUCTION EASEMENT (DURA'nON: 3 YEARS FROM EXHIBIT Page I ~$ of i ,~ > oo ~1~ --I--I ~- ---- oO mOO ~ I r- o- mo ~:Z N I m ~0 ~ ~ Z a ~o o ~ ,O'L ~ m m ~ M .00,9~.00 N I 0 mo I J D~ ,00'0~ i oo ~o ~ ~ ,0'~ = I ~ --0 ~ I ~ 0 I Z o ~ ~ o 0 I ~ I >>~ ~= ~ ~ ~~ ,o0'gg ,O0'LL t"' FOLIO . ~ 3 ,,6~,g~.tO S ~.6~,~.Lo s r-- EXHIBIT Page...LL of HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way · Naples, Florida 34110. Phone: 941254.2000- Fax: 941.254.2099 PERPETUAL, NON.EXCLUSIVE ROAD RIGHT-OF.WAY, DRAINAGE AND UTIUTY EAS~E~ HM PROJECT ~r2000067 7/16/3 REF. DWG. #B-3691-2 PARCEL NO. 140 LEGAL DESCRIPTION A PORTION. OF LOT 1, BLOCK 5, OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF TIlE CENTERLINE OF REGENT CIRCLE, A 120.00 FOOT RIGHT-OF- WAY, AS THE SAME IS SHOWN ON THE PLAT' OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 57 .AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°14'00"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 99.30 FEET TO A POINT ON THE BOUNDARY OF LOT i, BLOCK 5, OF SAID REGENT PARK REPLAT AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89°14'00"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND ALONG THE BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 200.00 FEET; THENCE RUN S.00°46'00'E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°14'00"E. FOR A DISTANCE OF 219.36 FEET TO A POINT ON THE BOUNDARY OF SAID LOT 1, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUT~STERLY, WHOSE RADIUS POINT BEARS S.28 °l 1'18"W. A DISTANCE OF 40.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 28°57'18", SUBTENDED BY A CHORD OF 20.00 FEET AT A. BEARING OF N.76°I7'21"W., FOR A DISTANCE OF 20.21 FEET TO THE POINT OF BEGINNING; CONTAINING 1065.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF LOT 1, BLOCK 5, OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°14'00"W. HOLE MONTES, INC. CER!r~CATION OF ^UiI-IOP~ZArION L]3 #1772 BY . /,'//~ P.S.M. #5628 · OMA'S. M.(~MUI~H~-- STATE OF FLORIDA :i~: .,. -: ': FOLIO Naples. Fort Myers- Venice. Eno ewood PERPETUAL, NON-EXCLUSI~ ROAD RIGHT-OF-WAY, DRAINAGE AND UTlUTY F-.ASEMENT EXHIBIT Page~ of I ~ 0 ~> ~< · .~> ~z ;EXHIBIT page. of,. Iq, HOLE MONTES ENGINEERS. PLANNERS. SIJRV~0RS 950 Encore Way · Naples, Flodda 34110, Phone: 239.254.2000 · Fax: 239.254.2099 PERPETUAL NON.EXCLUSIVE ROAD RIGHT-OF-~Y, DRAINAGE AND UTIUTY EASEMENT HM PROJECT g2000067 7/16/3 REF. DWG. #B-3718-2 PARCEL NO. 141 LEGAL DESCRIPTION A PORTION OF LOT 2, BLOCK 5, OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 2, BLOCK 5, OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01 °52' 17"E., ALONG'THE EASTERLY BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 15.33 FEET; THENCE RUN N.45°44'59"W. FOR A DISTANCE OF 14.60 FEET TO A POINT 5.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE RUN S.89°15'1 i'W., PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 336.19 FEET; THENCE RUN N.00°44'49"W. FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE RUN N.89°15' 11"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 346.21 FEET TO THE POINT OF BEGINNING; CONTAINING 1783.6 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR 'RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF LOT 2, BLOCK 5, OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°15'11'E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATIONLB:~i772 BY THOMAS . P.S.M. #5628 STATE OF FLORIDA FOLIO Naples. Fort Myers. Venice · Englewoed PERPETUAL, NON-EXCLUSIVE EXHIBIT~ of~ AND UTlUTY EASEMENT 100 ! ! FOLIO NO.~ EXHIBIT Page J.?.,.,7~of HOLE MONTES ENGINEERS · PLANNERS. SURVEYORS LEGAL DESCRIPTION 950 Encore Way, Naples, Florida 34110, Phone: 239.254.2000 · Fax: 239.254.2099 TEMPORARY DRIVEWAY RESTORATION F. ASE~NT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/17/3 REF. DWG. #B-3802 PARCEL NO. 742-A A PORTION OF TRACT "D" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "D" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01 °52' 17"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 36.91 FEET; THENCE RUN S.88°07'43"W. FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT "D"; THENCE RUN N.01°52' 17"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 37.10 FEET TO THE NORTHWEST CORNER OF SAID TRACT "D"; THENCE RUN N. 89015'1 i"E., ALONG THE NORTHERLY BOUNDARY OF S AID TRACT "D", FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 370.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBIECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "D" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89° 15'1 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THOM~(S M. M~'I.E:? STATE OF FLORIDA FOLIO NO. Naples · Fed Myers. Venice · Englewood TEMPORARY DRIVEWAY RESTORATION ~MENT (DUI:~TION: 3 YEARS FROM OOMMENOE. I~-NT OF OON~U~TION) EXHIBIT Page 12.~ of r- m ~' ~' ~' FOLIO NO ~o.c ?= >. . EXHIBIT Page 17~5' of~ HOLE MONTES ENGINEERS. PLANNERS. SURV~YORS IOD LEGAL DESCRIPTION 950 Encore Way · Naples, Florida 34110 · Phone: 239.254.2000, Fax: 239.254.2099 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/17/3 REF. DWO. #B-3801 PARCEL NO. 742-B A PORTION OF TRACT "A" (THE LANE) OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "A" (THE LANE) OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°15' 11"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 60.01 FEET TO THE NORTHEAST CORNER OF SAID TRACT "A"; THENCE RUN S.01 °52' 17"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 35.73 FEET; TH~ENCE RUN S.88°07'43"W. FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT "A"; THENCE RUN N.01°52' 17"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 36.91 FEET TO THE POINT OF BEGINNING; CONTAINING 2179.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "A" (THE LANE) OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°15' 11"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB # 1772 B V ~ M. MUrPHy/t/' STATE OF FLORIDA FOLIO NO. Naples. Fort Myers · Venice. Englewood TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT~ ~ ~z ~z ~ z ~ ~ Z~ - qlVflb fidO0~ 0 ~ o ~ ~ ~ I EXHIBIT Page HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS !OD 950 Encore Way. Naples, Florida 34110- Phone: 941,254.2000 · Fax: 941254.209§ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT~)F-WAY, DRAINAGE AND UTlUTY EASEMENT HiM PROJECT #2000067 7/15/3 REF. DWG. #B-3720-1 PARCEL NO. 143-A LEGAL DESCRIPTION A PORTION OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NOR:i'HWEST CORNER OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89° 15' 11"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 20.37 FEET; THENCE RUN S.39°15'01"W. FOR A DISTANCE OF 30.97 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT "B"; THENCE RUN N.01 °52'17"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 23.73 FEET TO THE POINT OF BEGINNING; CONTAINING 241.7 SQUARE FEET, MORE OR LESS. ' THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "B',' OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°15' 1 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY THOMAS M. 1V~LTRPI~Y , 'P.S.M. #5628 STATE OF FLORIDA FOLIO NO. Naples · Fort Myers. Venice. Englewood F-XHII31T ~ 101] PERPETUAL, NON-EXCLUSIVE r- r- r- ROAD RIGHT-OF-V~y, DRAI~GE m AND UTILITY EASEMENT 6') z m z r-~ o~ oral ° "d :~;:~ r'n I "" '"" Q (¢1 0 0 --I j o !:.4 ~ b., > :~ ,O'Og - ' - ~o o j ,0'00 I. i -..4 o '--2 J ~ ~ o J J :80 z I ~ I ~ , r': . ~ ~o ~, ~ j '~ ~o ~o J I I FOLIO~ ~ I--' Z f-/) Z r-~ ..q tD C,~ 3> EXHIBIT Page of / HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way. Naples, Florida 34110. Phone: 239.254,2000 · Fax: 239.254.2099 PERPETUAL, NON~J(CLUSIVE ROAD RIGHT~:}F-WAY, DRAINAGE AND UTILITY EASEMENT HM PROJECT #2000067 7/16/3 REF. DWG. #B-3719-1 PARCEL NO. 143-B LEGAL DESCRIPTION A PORTION OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01°57' 1 i"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 28.83 FEET; THENCE RUN N.50°44'59"W. FOR A DISTANCE OF 26.18 FEET; THENCE RUN S.89°15'11"W. FOR A DISTANCE OF 118.57 FEET; THENCE RUN N.00°44'53"W. FOR A DISTANCE OF 2,00 FEET; THENCE RUN S.89°15'11"W. FOR A DISTANCE OF 128.44 FEET; THENCE RUN N.00°44'49"W. FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "B"; THENCE RUN N.89° 15'11"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 266.46 FEET TO THE POINT OF BEGINNING; CONTAINING 3107.9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS ORRESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT TItEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°15' 11"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO NO. Cxqx to , Naples. Fort Myers. Venice. En§lewood EXHIBIT J ')OD Page ~o of ~t ROAD RIGHT-OF-WAY, DRNNAGE ~-. ~ '*= "o AND UTIUTY EASEMENT Z ~n =~ -I zjzz~ E ¢' ~ ~ ~ ~ m ' --*" ~ ~ ~ ~ ~ O) ~ ~ ~ Z ~ ~ t~ I e ' oO ~ ~ I I ~ 0 %p 88~ I ~ I z 0 ~ I EXHIBIT HOLE MONTES ENGINEERS. PLANNERS. SURV~ORS 100 950 Encore Way · Naples, Florida 34110, Phone: 239.254.2000 · Fax: 239.254.2099 TEMPORARY DRIVLm, NAY RESTORATION EASE~ (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT g'2000067 7/17/3 REF. DWG. #B-3803 PARCEL NO. 744 LEGAL DESCRIPTION A PORTION OF TRACT "R" (ASTON DRIVE) OF PELICAN MARSH UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF TRACT "A" OF PELICAN MARSH UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF TRACT "R" (ASTON DRIVE) OF SAID PLAT OF PELICAN MARSH UNIT NINETEEN; THENCE RUN N.01 °57'1 I"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "R", FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1710 AT PAGES 379 THROUGH 382 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°15' 11"E., ALONG THE SOUTHERLY BOUNDARY OF SAID RIGHT OF WAY EASEMENT FOR A DISTANCE OF 70.02 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT "R"; THENCE RUN S.01°57'1 I"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "R", FOR A DISTANCE OF 48.53 FEET; THENCE RUN S.88°02'49"W. FOR A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING; CONTAINING 3448.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "R" (ASTON DRIVE) OF PELICAN MARSH UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAOES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.01°57' 1 I"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY P.S.M. #5628 STATE OF FLORIDA FOLIO Naples. Fort Myers, Venice, Englewood TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT Page EXHIBIT HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way, Naples, Ftorida 34110 · Phone: 239.254.2000, Fax: 239.254.2099 PERPETUAL, NON~XCLUSIVE ROAD RIGHT~)F-~Y, DRAINAGE AND UTIUTY EASEMENT HM PROJECT g2000067 7/17/3 REF. DWG. #B-3721-1 PARCEL NO. 145 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA., THENCE RUN S.02°06'58"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 150.04 FEET TO A POINT ON THE SOUTH LINE OF A RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1710 AT PAGE 379 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°15' 1 I"W., ALONG THE SOUTH LINE OF SAID RIGHT-OF- WAY EASEMENT, FOR A DISTANCE OF 275.08 FEET TO A POINT ON THE EAST LINE OF A 125.00 FOOT FLORIDA POWER 'AND LIGHT COMPANY EASEMENT, RECORDED IN O.R. BOOK 432 AT PAGE 720 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89°15'1 i"W., ALONG THE SOUTH LINE OF SAID RIGHT- OF-WAY EASEMENT, FOR A DISTANCE OF 980.54 FEET TO A POINT ON THE EASTERLY BOUNDARY OF PELICAN MARSH UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01°57' 1 I"E., ALONG THE EASTERLY BOUNDARY OF SAID PELICAN MARSH UNIT NINETEEN, FOR A DISTANCE OF 28.06 FEET; THENCE RUN N.39°15'01"E. FOR A DISTANCE OF 26.18 FEET; THENCE RUN N.89°15'11"E. FOR A DISTANCE OF 697.31 FEET; THENCE RUN S.00°44'49"E. FOR A DISTANCE OF 19.00 FEET; THENCE RUN N.89° 15' 1 i"E. FOR A DISTANCE OF 266.46 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, THE SAME BEING A POINT ON THE EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN O.R. BOOK 432 AT PAGE 720 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.02°06'58"W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND ALONG THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT, FOR A DISTANCE OF 27.01 FEET TO THE POINT OF BEGINNING; CONTAINING 13,075.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25, COLLIER COUNTY, FLORIDA, AS BEING S.02°06'58'E. HOLE MONTES, INC. - CERTIFICATION OF:AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA FOLIO Naples, Fort Myers, Venice · En§lewooO PERPE~AL, NON-~CLUSIVE R~D RIGHT~F-~Y, D~GE AND ~lU~ ~EME~ ,0'00 [ I:::XHIBIT 4 ,0'00[ 3 I.ag,9o.z;o s j ,~O'Og I, z FOLIO NO.o~(~u ~. I =i ~8~, ,O'Z[ ~ 1 I 110' FPL EASEMENT OR ~80, Pg 270 · OR 4~2, ,PG 720 m m __q 0 125' FPL EASEMENT ~ OR 4S2, P6 720 EXHIBIT Page~of [ HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way. Naples, Flerida 34110, Phone: 239.254.2000 · Fax: 239.254.2099 FEE SIMPLE INTEREST LEGAL DESCRIPTION HM PROJECT $$2000067 7/16/3 REF. DWG. #B-3722-1 PARCEL NO. 146 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.02°06'58"E., ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 150.10 FEET TO A POIiVF 150.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°58'36"E., PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 330.00 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°06'46"E., ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 18.01 FEET; THENCE RUN N.89°58'36"W. FOR A DISTANCE OF 330.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.02°06'58"W., ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 18.01 FEET TO THE POINT OF BEGINNING; CONTAINING 5939.9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.02°06'58"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THOMAS M. M~ ~y~RI~Y ' STATE OF FLORIDA FOLIO NO.r o Naptes · Fort Myers. Venice · Engiewood FEE SIMPLE pE~IBIT~ I 150.0' I ~ l~ I ~ FOLIO NO.r)~ iqW~~ EXHIBIT Page of HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS lOg LEGAL DESCRIPTION 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000, Fax: 239.254.2075 TEMPORARY DRIVE'WAY RESTORATION EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT g2000067 12/04/03 REF. DWG. #B-3726-2 PARCEL NO. 746 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89°58'36"E., ALONG TIdE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 330.01 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°06'46"E., ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 168.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.02°06'46"E., ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 14.51 FEET; THENCE RUN N.89°58'36"W. FOR A DISTANCE OF 57.17 FEET; THENCE RUN N.00°01'24"E. FOR A DISTANCE OF 9.50 FEET; THENCE RUN N.89°58'36"W., FOR A DISTANCE OF 273.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.02°06'58"W., ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF .SAID SECTION 30 FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°58'36"E., FOR A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING; CONTAINING 2,191.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89°58'36'E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA FOLIO NO. c(7 p P c C-f Naples · Fort Myers · Venice TEMPORARY DRIVEWAY RESTORA11ON EASEMENT (OURATK)N: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT Page I~ 1OD U,\2000\EOOOO67\TAKE SKETCHES\N~30-29-TE-2,dw§ Tab~ Model Dec 04, 2003 - lO,5B~m Plotted by, 3enNowel,[ OO ZZ ~-~ C13C) Z I'q 5,0~ --'1 150.0' 0 3 .9i~,90.~0 S mi 7 7 7C0 I--' O0 O~ 0 r- = = = = Z Fq FOLIO NO.~)~ (~ EXHIBIT Page 1'Sq of HOLE. MONTES ENGINEERS. PLANNERS. SURVEYORS lOg 950 Encore Way, Naples, Flodda 34110 · Phone: 23§.254.2000, Fax: 239.254.2099 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT HM PROJECT #2000067 7/16/3 REF. DWG. #B-3723-1 PARCEL NO. 147 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TI-IE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89°58'36"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 330.01 FEET TO THE NORTHWEST CORNER oF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°06'46"E., ALONG THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 150.10 FEET TO A POINT ON THE SOUTH LINE OF A RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1693 AT PAGES 549 THROUGH 551 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.02°06'46"E., ALONG THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 18,01 FEET; THENCE RUN N.45°01'24"E. FOR A DISTANCE OF 11.31 FEET; THENCE RUN S.89°58'36"E. FOR A DISTANCE OF 321.70 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.02°06'34"W., ALONG THE EAST LINE OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 10.01 FEET TO A POINT ON THE SOUTH LINE OF SAID RIGHT-OF-WAY EASEMENT, RECORDED IN O.R. BOOK 1693 AT PAGES 549 THROUGH 551; THENCE RUN N.89°58'36"W., ALONG THE SOUTH LINE OF SAID RIGHT-OF-WAY EASEMENT FOR A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING; CONTAINING 3,333.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEME ~,b~FS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89°58'36"E. HOLE MONTES, INC. CERTIFICATION. OF AIYFHORIZATION LB $$1772 THOMAS. N~ M~rRpJ~'Y" P.S.M. #5628 STATE OF FLORIDA FOLIO NO.Co tq% __CO :5 Naples. Fort Myers. Venice · Engtewood EXHIBIT2., ~,,~o o~_~ ~,~^~.,o~.~,~,v~ 1 OD ROAD R~F~Y, D~I~GE ~ ~U~ ~SEME~ FOLIO NO., O~ or- p .-, i.oo-~ "El O [.'1 ,0 V09 t 3 .9-k,90.~0 S 20.0' ~oo.o' I I I I I EXHIBIT HOLE MONTES ENGINEEP~ · PLANNERS. SURVEYORS 100 950 Encore Way, Naples, Florida 34110 · Phone: 239.254.2000, Fax: 239.254.2099 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT HM PROJECT g'2000067 7/16/3 REF. DWG. #B~3724-1 PARCEL NO. 148 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89°58'36"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 660.01 FEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°06'34"E., ALONG THE WEST LINE OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 150.10 FEET TO A POINT 150.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, THE SAME BEING A POINT ON THE SOUTHERLY BOUNDARY OF A RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1719 AT PAGES 1396 THROUGH 1398 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°58'36"E., ALONG THE SOUTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 325.43 FEET; THENCE RUN S.00°01'27"W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.89°58'36"W. FOR A DISTANCE OF 325.05 FEET TO A POINT ON THE WEST LINE OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.02°06t34"W., ALONG THE WEST LINE OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING; CONTAINING 3252.4 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89°58'36"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY THOI~IAS M. ~...~W P.S.M. #5628 STATE OF FLORIDA FOLIO NO.O ©lq cd CL Naples · Fort Myers o Venice · Englewood EXHIBIT Page..L.%~ of~ PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-V~y, DRAINAGE AND UTILITY EASEMENT ~ ~ oo o o ~ FOLIO NO ~ ~ ~a r-; -71 , ~ oooz~ Iq~ .,..:,,-,~ .,:.. .... ~.,.,., ,, '%',,.~,~,~ x]~. '~ ~.'i ~, ,~ '~ ~'~1 z ~.~,~,~, :,,.~ ~ -,.,,,> ~(.~',~, ,,?~ ~ ~ '",,]% ,~'~, ',~, ',,,,'% >z ~ ,,.x, % ,,,,,",,, ~, ~ ?~ r I I _ _~z I ,~ ~ FOLIO NO.~tqs~ 0 0 C~Z 0 0 r'q __I : Frl EXHIBIT Page Iq,%. of..L..H HOLE MONTES ENGINEERS. PLANNERS. SUflVEYORS 950 Encore Way. Naples, Florida 34110 · Phone: 239.254.2000 · Fax: 239,254.2099 FEE SIMPLE INTEREST HM PROJECT g2000067 7/16/3 REF. DWG. #B-3727-2 PARCEL NO. 149 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89°58'36"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 1320.03 FEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°06' 10"E, ALONG THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTI-YvVEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.87°5 l'03"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKAI.I~.E ROAD FOR A DISTANCE OF 165.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.87°51 '03"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 493.99 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°05'46"E., ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 55.04 FEET TO A POINT 180.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.89°58'36"W. FOR A DISTANCE OF 88.79 FEET; THENCE RUN N.44°58'36"W. FOR A DISTANCE OF 35.38 FEET; THENCE RUN N.89°58'36"W. FOR A DISTANCE OF 272.89 FEET; THENCE RUN N.00°01 '24"E. FOR A DISTANCE OF 6.26 FEET; THENCE RUN N.89°58'36"W. FOR A DISTANCE OF 108.98 FEET; THENCE RUN N.00o01'24"E., FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 12,037.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTs, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE .NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89°58'36"E. HOLE MONTES, INC. CERTIFICATION OF,~I~I4ORIZATION LB #1772 THO ^S STATE OF momr A FOLIO Naples · Fort Myers. Venice. Englewood · EXHIBIT G ~ oo ~~ ~ ,1~ ~J FEE SlM~E ~ ~ ~ I~EREST , .. .- ~ O0 ~ ~ _, ~~Z m Z Z Z Z Z ~ I ~ - ° ~m ~ ¼ ° >m m~, z I; 3 ,,01.,90.~0 S FOLIO >~z I. 174 ' ~ o o F--XH B T HOLE MONTES ENGINEERS- PLANNERS. SURVEYORS 100 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000. Fax: 239,254.2099 PERPETUAL. NON-EXCLUSIVE ROAD RIGHT'OF'gW~,Y. DRAINAGE AND UTILITY EASEMENT HM PROJECT g2000067 7/17/3 REF. DWG. #B-3728-2 PARCEL NO. 150 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°58'36"W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 660.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°05'46"E., ALONG THE WEST LINE OF EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR A DISTANCE OF 150.10 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1689 AT PAGE 1459 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°58'36"E., ALONG THE SOUTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 43.27 FEET; THENCE RUN S.45°01'24"W. FOR A DISTANCE OF 42.43 FEET; THENCE RUN N.89°58'36"W. FOR A DISTANCE OF 12.16 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.02°05'46"W., ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING; CONTAINING 831.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°58'36"W. HOLE MONTES, INC... , CERTIFICATION OF AU2'HoRIZATION LB #1772 · P.S.M. #5628 STATE OF FLORIDA FOLIO Naples · Fort Myers. Venice. Englewcod F°II ~ I~ I.~~ ",-. I"'~ lid Z ~ J~ PERPETUAL, NON-EXCLUSiVE ROAD RIGHT. F-WAY, DRAINAGE AND UTIMTY EASEMENT IOD EXHIBIT m' 1 ~ / IS 02'05'46" E J oo '- ~ --~ ~ 1'~t ~C~- ~ ':72:~ FOLIO NO. m~%'q(0~,~ J>(' EXHIBIT of HOLE MONTES EN6tNEERS. PLANNERS. SURVEYORS 950 Encore Way, Naples, Florida 34110 o Phone: 239.254.2000 · Fax: 239.254.2075 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEAR8 FROM COMMENCEMENT OF COf~) HM PROJECT #2000067 12/04/03 REF. DWG. #B-4474 PARCEL NO. 751 LEGAL DESCRIPTION A PORTION OF TRACT "A" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHEASTERLY CORNER OF TRACT "A" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 17°59'05"W., ALONG THE EAST BOUNDARY LINE OF SAID TRACT "A" OF SOUTHAIVlPTON UNIT ONE, FOR A DISTANCE OF 5.28 FEET; THENCE RUN S.89°14' 16"W., FOR A DISTANCE OF 305.57 FEET TO A POINT ON THE WEST BOUNDARY OF SAID TRACT "A" OF SOUTHAMPTON UNIT ONE; THENCE RUN N.01°20'03W., ALONG THE WEST BOUNDARY OF SAID TRACT "A" OF SOUTHAMPTON UNIT ONE FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°14' 16"E., ALONG THE SOUTHERLY RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 307.32 FEET TO THE POINT OF BEGINNING; CONTAINING 1,532.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "A" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 · ' ' , '.~'~' .~" c, ~' ~ ~6~a~' P.S.M. #5628 STATE OF FLORIDA NO. Naples. Fort Myers. Venice TEMPORARY CONSTRUCTION EASEIdENT (DURATION: 3 YEARS FROM COMMI~NCEMIiNT OF C.,ON~~) EXHIBIT Page~s_ U:\2000\20DOO67\l'AK£ SKETCH£S\N£P6-SHA-TE,dw9 Tab~ Mode[ Dec 04, PO03 - 10~54am Ptoi;ted by: BenNowet[ PARNU STREET -° PUBLICLY DEDICATEDI l--ho~-~ ~ ~l~ R-O,'-W PER PLAT 60'R 0 W I I ^ - m I 0~ Z z~ I z m oz MEMORANDUM Date: To: From: Re: January 28, 2004 KevinHendricks, Right-of-Way Manager Transportation Department Ann Jennejohn, Deputy Clerk Minutes & Records Department The purchase of a 50 acre parcel of land located in the Northeast Quadrant of the intersection of Goodlette- Frank Road and Goldengate Parkway; Fleischmann Property Please find enclosed one copy of the document as referenced above, (Agenda Item #10f), as approved by the Board of County Commissioners on January 27, 2004. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you, Ann Jennejohn Enclosure OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Sue Filson Ellen T. Chadwell ~"/' January 27, 2004 Purchase of Fleischmann property Please find attached a fully executed original Purchase Agreement for the Fleischmann property, which was approved by the Board on January 27, 2004 as Agenda Item 10F. Please have the Chairwoman sign and forward to the Clerk for attestation. We will need a copy of the agreement after attestation returned to us for our files. Thank you. AGREEMENT FOR SALE AND PURCHASE 1OF THIS AGREEMENT is made and entered into by and between JOAN F. TOBIN, as Personal Representative of the Estate of Dorette K. Fleischmann, deceased, as to an undivided interest in 100% of the land described in Exhibit "A," CHARLES FLEISCHMANN, III, as to an undivided 49.61% interest in the land described in Exhibit "B," DORETTE L. FLEISCHMANN VlETS, as to an undivided 25.195% interest in the land described in Exhibit "B," and DORETTE L. FLEISCHMANN VlETS, MELANIE FLEISCHMANN GARNETT and CHARLES FLEISCHMANN, V, as Co-Trustees under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, deceased, dated September 10, 1992, as to an undivided 25.195% interest in the land described in Exhibit "B" (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of those certain parcels of real property described in Exhibits "A" and "B" (hereinafter collectively referred to as "Property"), located in Collier County, State of Florida, attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed that the above recitals are true and correct and incorporated herein by reference, and further agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibits "A" and "B." II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be NINETEEN MILLION, TWO HUNDRED THOUSAND DOLLARS ($19,200,000) (U.S. Currency) payable at time of Closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held within sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title of the Property to Purchaser free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: Agreement For Sale And Purchase Page No. 1 3.0111 Warranty Deed, Personal Representative's Deed, or Trustee's Deed (collectively the "Deed"), as appropriate, in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the Commitment (hereinafter defined). 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or Title Agent. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Agent verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the Commitment, referenced in Section 4.011 (below), and the Title Agent is irrevocably committed to issue the Owner's title policy to Purchaser in accordance with the Commitment. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of a title search ($150.00) and the minimum promulgated rate premium ($44,725.00) for the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees associated with Purchaser's acquisition and/or development loan, if any, shall be paid by Purchaser. Purchaser shall not be responsible for any title or closing related fee other than those specifically set forth herein. 3.03 Purchaser shall pay for the cost of recording the Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon the prior year's undiscounted tax amount. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; Agreement For Sale And Purchase Page No. 2 1OF 4.011 Within Ten (10) days after the date hereof, Seller shall provide as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) in the amount of the Purchase Price (the "Commitment") issued by Cheffy, Passidomo, Wilson & Johnson, LLP ("Title Agent") covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have Twenty (20) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing (the "Title Objections"). If Purchaser shall fail to advise the Seller in writing of any such Title Objections in Seller's title within said 20 day period, the title shall be deemed acceptable. 4.012 Upon notification of Purchaser's Title Objections, Seller shall have thirty (30) days to remedy at, its sole expense and using diligent, good faith efforts, any such Title Objections in order to convey good and marketable title. In the event Seller is unable to cure said Title Objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving such Title Objections, or Purchaser may terminate the Agreement. Purchaser's failure to terminate the Agreement as provided herein shall be deemed a waiver by Purchaser of the Title Objections. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within Ten (10) days of execution of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibits "A" and "B," if any. If the survey obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the Property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access, the Purchaser shall, before expiration of the Inspection Period, notify the Seller in writing of the encroachment, projection or lack of legal access, and Seller shall treat it/them as Title Objections. Purchaser must raise any objections arising from matters revealed by Purchaser's survey within the Twenty (20) day title objection period set forth in Paragraph 4.011 of this Agreement or such objections are waived. Purchaser agrees and acknowledges that the standard survey exceptions contained in the Commitment shall be included in the owner's policy to be issued to Purchaser unless Purchaser obtains a survey of the Property that meets Florida's minimum technical standards for surveys and is certified to Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance underwriter. V. INSPECTION PERIOD 5.01 Purchaser shall have thirty (30) days from the date of this Agreement ("Inspection Period")to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. Within Ten (10) days following execution of this Agreement, Seller shall deliver to Purchaser copies of all previously obtained due diligence documents with respect to the Property, including without limitation all surveys, environmental Agreement For Sale And Purchase Page No. 3 iOF assessments, soil tests, endangered species assessments, and related tests, summaries, or documents in the actual possession of Seller. 5.02 Purchaser may terminate this Agreement by written notice to Seller before expiration of the Inspection Period in Purchaser's sole discretion. If Purchaser fails to properly terminate this Agreement before expiration of the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all due diligence and inspection documents obtained by Purchaser with respect to the Property during the Inspection Period (the "Diligence Documents"), including without limitation all engineering reports and environmental and soil testing results. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay in full the cost of all inspections, reports, surveys, and tests of any kind resulting from Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien on the Property. Purchaser or Purchaser's agents shall not conduct any inspection so as to cause damage to the Property, except damage reasonably resulting from soil borings, but if any such damage occurs, Purchaser shall restore the Property to its pre-inspection condition not later than ten (10) days after the damage occurs. This provision shall survive termination of this Agreement. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 DELETED IX. DEFAULT, TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller, or Purchaser may seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination and Purchaser fails to close the transaction contemplated hereby, or in the event Purchaser fails to perform any of the other terms, covenants and conditions of this Agreement following ten (10) days notice and opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this Agreement for such default, in which case Purchaser shall pay to Seller the sum of Forty Thousand and 00/100 Dollars ($40,000) as agreed-upon liquidated damages. In the event of a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or parties shall be entitled to recover reasonable paralegal and attorneys' fees and other costs incurred in that action or Agreement For Sale And Purchase Page No. 4 proceeding, including those related to appeals. The terms of this Paragraph 9.02 shall survive termination of this Agreement. 9.03 The parties acknowledge and agree that Seller's actual damages are uncertain in amount and difficult to ascertain, and that the amount of liquidated damages set forth in this Article 9 was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of the Deed to the said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement, except for 'those obligations, representations, and warranties identified in this Agreement as surviving the Closing. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this Agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that Seller has no knowledge of: any incinerators, septic tanks or cesspools on the Property; any waste being discharged from the Property into any disposal system or receptacle other than a public sanitary sewer system; any pollutants are or have been discharged from the Property, directly or indirectly into any body of water; any prior or present use of the Property for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are Agreement For Sale And Purchase Page No. 5 1OF defined in applicable laws and regulations, or any other activity that would have toxic results, nor of any proceeding or inquiry by any authority with respect thereto; any ground water contamination on the Property or potential of ground water contamination from neighboring properties; any storage tanks for gasoline or any other substances presently or previously located on or under the Property; or any prior or present use of the Property as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Except for ongoing discussions within and between the City of Naples, Collier County, and State of Florida transportation and administrative agencies regarding potential use of the Property for highway and transportation infrastructure expansion, including without limitation the construction of an overpass or alternative intersection improvements connecting Golden Gate Parkway and Goodlette-Frank Road, Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the Property which may restrict or change any other condition of the Property. 10.022 [DELETED] 10.023 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with Agreement For Sale And Purchase Page No. 6 automated confirmation of receipt, or by registered or certified mail, return receipt requested, postage prepaid, transmitted or addressed as follows: If to Purchaser: Transportation Engineering & Construction Management Attention: Right-of-Way Acquisition Section 2685 South Horseshoe Drive, Suite 212 Naples, Florida 34104 Fax No.: (239) 21 '~ ~ 5°~'4.~ With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Fax No.: (239) If to Seller: Charles Fleischmann, III Fleischmann Enterprises 4001 Carew Tower Cincinnati, OH 45202 Fax No. · (513) 621-0049 Telephone No.: ~.~'t~'") ~/- Dorette L. Fleischmann Viets c/o Mr. Philip Lawrence Inverness Counsel, Inc. 545 Madison Avenue New York, NY 10022 Fax No.: (212) 588-9093 Telephone No.' Melanie Garnett Jumpstart Hill 698 Titicus Road North Salem, NY 10560 Fax No.: (914) 669-8448 Telephone No.: ("~lr-~. C,,o(,, With a copy to: Charles Fleischmann, V 5330 Homeville Road Oxford, Pennsylvania 19363 Fax No.: (717) 529-6276 Telephone No.: ( 7f7.~ S--~- John M. Passidomo Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South Naples, FL 34102 Fax No.: (239) 261-0884 With a copy to: R. Scott Cameron, CCIM Cameron Real Estate Services, Inc. 1250 Tamiami Trail North, Suite 101 Naples, FL 34102-5267 Fax No.: (239) 261-5676 11.02 The facsimile numbers and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such facsimile Agreement For Sale And Purchase Page No. 7 IOF numbers or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Purchaser and Seller warrant and represent to the other that each party has not dealt with any broker, except for R. Scott Cameron of Cameron Real Estate Services, Inc. ("Broker") who will be paid by Seller. Xlll. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms ,and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall be binding on and inure to the benefit of and be binding' upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been fully executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 13.11 DELETED. Agreement For Sale And Purchase Page No. 8 iOF 13.12 Purchaser may not assign its rights under this Agreement without the prior written consent of Seller. 13.13 If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 13.14 In addition to the acts recited in this Agreement to be performed by Seller and Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all such further acts as may be reasonably necessary to consummate the transaction contemplated hereby. XlV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence to this Agreement. XV. § 1031 Exchange Purchaser acknowledges that one or more of the parties who are the Sellers under this Agreement (a "Seller Party") may be selling such Seller Party's interest in the Property as part of a like-kind exchange under Section 1031 of the Internal Revenue Code and the regulation promulgated thereunder. Purchaser agrees to cooperate with such Seller Party in completing such exchange and in that regard, such Seller Party may assign its rights and obligations under this Agreement to such Seller Party's intermediary in order to complete the exchange, provided that such assignment will not release such Seller Party from its obligations under the Agreement. Such cooperation by Purchaser will not impose any additional obligations or expenses on Purchaser which are not reimbursed by such Seller Party. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PU.R,. O, HASER: DATED' s t ~ature Agreement For Sale And Purchase BOARD OF COUNTY COMMISSIONERS COLLIER ,~TY, FLORID) ! ,r Donna Fi~la,~hairman Page No. 9 AS TO SELLER: IOF DATED: WITN SES: ~ (Printed Name) JOAN TOBIN, as Personal Representative of the Estate of Dorette K. Fleischmann, as to the land described in Exhibit "A" Agreement For Sale And Purchase Page No. 10 AS TO SELLER: / SES: (Signature) .._~~. (Printed Name) (Signature) / (Printed Name) IOF CHARLES FLEISCHMANN, III, as to an undivided 49.61% interest in the land described in Exhibit "B" Agreement For Sale And Purchase Page No. 11 AS TO SELLER: 10F DATED: DORETTE L. FLEISCHMANN VIETS, as to an undivided 49.61% interest in the land described in Exhibit "B" ,WITNESSES: ..,~~2~~'~iPrint'eC'Name') - ¢ (SigC~ure) (Printed Name) DATED: WITNESSES: - (S~¢'~"~ ~e) /- (Printed,Name) (Si~ure) (Printed Name) DORETTE L. FLEISCHMANN VIETS, Co-Trustee under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, dated September 10, 1992 Agreement For Sale And Purchase Page No. 12 AS TO SELLER: (Signature) /-"--"' (Signatu~te) (Printed Name) CHARLES FLEISCHMANN, V, Co-Trustee under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, dated September 10, 1992 Agreement For Sale And Purchase Page No. 13 AS TO SELLER: WITNESSES: i (~;i~ature) ('~l~d Name) ~ (Si¢~tuke) (Printed Name) iOF MELANIE FLEISCHMANN GARNETT, Co-Trustee under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, dated September 10, 1992 Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agreement For Sale And Purchase Page No. 14 EXHIBIT "A" All those portions of Lots 9, 10 and 11, Naples Improvement Company Little Farms subdivision, according to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book 2, Page 2, lying North of the Right-of-Way granted in OR Book 876, Page 1716, and North of the Right-of-Way granted in OR Book 2053, Page 1671, and North of the Right-of-Way granted in OR Book 2053, Page 1687, LESS the West 20 feet thereof. · 10F EXHIBIT "B" All that part of the East 564 feet of the West 1184 feet of Lot 8, Naples Improvement Company Little Farms subdivision, according to the plat thereof, recorded in the public records at Collier County, Florida, in Plat Book 2, Page 2, lying North at the Right-at-Way granted in OR Book 876, Page 1718, and North of the Right-at-Way granted in OR Book 2053, Page 1671, and North of the Right-of-Way granted in OR Book 2053, Page 1687. 16A2 MEMORANDUM Date: January 28, 2004 To: John Houldsworth, Senior Engineer Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-16; Re: The final acceptance of the roadway and drainage improvements for the final plat of "Riverchase Shopping Center First Addition" Enclosed please find one copy of the document as referenced above (Agenda Item #16A2), approved by the Board of County Commissioners on January 27, 2004. The original agreement is being retained for the record. If you should have any questions, please contact me at: 732-2646, ext. 7240. Thank you. Enclosure ,..--.-....---.... 16A2 RESOLUTION NO. 04- 16 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE, IMPROVEMENTS IN RIVERCHASE SHOPPING CENTER FIRST ADDITION, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PROPERTY-OWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 27, 1993 approved the plat of Riverchase Shopping Center First Addition for recording; and WHEREAS, the developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway and drainage improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway and drainage improvements in Riverchase Shopping Center First Addition, and authorize the Clerk to release the maintenance security. ~: BE:'!! Q~,iKrH,ER RESOLVED AND ORDERED that the County accept the futur~ñ;1.~iij~nåÌ1c~~i~ 'óther attendant costs for the roadway and drainage improvements that_.~fe. ~t',~~R.µireq· ~'~'Y'Ì1paintained by the property-owners association. '_ : 0(". ': l r I ( _,~,. (-~ 'I '. . ;",,~. I _ '. ..........? ~ ~ ~hik' R.eso}Mo? ~ópted after motion, second and majority vote favoring same, th~· ". . "<d~y of::.:) .: f"'~' . , 2004. , ?-<:') ..... :..\:f""." ~(').Þ . D,'}¡,~Ä1···""'·'-"·..··\"·~~ .' ~'J..l:!'~ . ~.. f'C' A TT'ES.T~(j 11'! ()\\-:;.~ "" - "', \"", ~ ~ ,'..,' ,:..~,.;;. '-..: DWIGBTÊ: BROCK, CLERK :;-: ,-' -',,"~i.'.'!" ;,~ .:-:'. ~~ð.L. By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA if~, d~ Donna ii~'la CHÁ AN ii~,;;nd legal Patrick G. White Assistant Collier County Attorney Item tt (p A a- AzJen1a fJ:¡.:f-e.~ I -Q) l-O~ ~eL ~ Ot<..t~ 1- a& -ocf ~~,D¿ 16A3"" CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION and MAINTENANCE AG~T FOR SUBDIVISION IMPROVEMENTS entered into this !l:!!! day of , 2004 between Stock Development. LLC, hereinafter referred to as "Develop r", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: The Majors Phase Three. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1 . Developer will cause to be constructed: A 20 lot single-family residential subdivision which includes: Roadwork, Storm Drainage, Sanitary Sewer, Potable Water, Irrigation, Earthwork, Street Lighting, Permanent Reference Monument and Landscape Buffering. within 18 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $135.019.54 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 completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of r ,; , 7' ".~ "'"',l... I t~,... ./d _. his preliminary approval of the improvements; or b) notify the Develo!r ~ w1j~ of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the even the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to 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 of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2 "-~.._'-----"-- ~___'_"~"""4<___'~'_">''''~"'''''''''~ 16A 31 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 'fJ.l" day of S~,... , 2004. SIGNED, SEALED and DELIVERED IN THE PRESENCE OF: Stock Development, LLC '- ~ d BY: ;th~~ CRt> Nlf?e:N.BdCr- Printed Name Tom Masters. Vice President of Construction Printed Name and Title ~-- _./~ . Witness ~::~am¡¡¿~¡~'" :' {\. .....~.......'.lIIItf'il>. t.i..\. '>" .' "?., ·!ô~J':~,~·""'\<~:; ATTEST. p \'''..-1 ....11..'>1:.., o;~, t t:.: ;; ..... ' ", .~:.,. "'Þ'\ .. ¡ . DWIGHT':èt~~þç~~~Á . " .... '~,I!:ii>«/ .- .¡ BOARD OF COUNTY COMMI lONERS OF C ER COUNTY ILo..RIDA ~~4 \\~..~ ~\""1..A. Chairman €.rFounty Attorney )~s..\~~ Item# ~ Agenda \~'\-N I Date ....Q....l...1. Date I t\ -I LI\( f Rec'd l.L.lLltt 3 - . {J.e AFFIDAVIT 16A3- We/I, Tom Masters. P.E. beingfirst duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed site development application; that all the information provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and are honest and true to the best of our knowledge and belief ~þ~~ Šignature of Property Owner Tom Masters. P.E.. Vice President of Development The¡¡regOing instrument was acknowledged before me this /L/!:;,0day of ~ ' 20 , by lòh-- (Y1t{Sff,rr5 who 1S personally known to me or has produced ÅJ I v+- as identification. . ,\'ìilW/i/ili,1. :-.""~0\\\ A. Web/III~ :$I- V..........? ~. ~ ..' ~~\SSON ~'" ~ ~ . rÇj ¡y 28 './;0' ., :: .. .::...." ~~a. '¿ ~'. ~ ~ :~~ 'b~..:: ª*: .... _.1 :*ª - . _. State of Florida ~5\ #00187211 :~§ C if C II' ~~;" l; ~ed\\II'Ò ...~§. ounty 0 0 ler ~;''J-Å..~rain-I[1SIJ\~~''~'v~~':' ~ (/.<> ....... ()'< ,-- "III/QUe STÞ.i't. \,........... ""II'ÌlIIIII II'" ~""-----,._".." ----...-- Notary Stamp The Majors Phases Two and Three Plat Submittal Fees 16A3 Phase Three Fees Plat Recordine Fees Board of Commissioners ($17.00 x Total Sheets) Clerk of Courts ($30.00 for the 1st Sheet + $15.00 x Additional Sheets) Total Plat Recording Fee Note: This Fee is not included within the Performance Securitity, and requires a separate fee check. $34.00 $45.00 $79.00 Performance Security Total Contract Amount Total Constructed to Date Total Contract Remaining $505,819.34 $421,381.73 $84,437.61 The Bond Amount is: 100% of the Remaining Contract 10% of the Total Contract Total Bond Amount $84,437.61 $50,581.93 $135,019.54 Note: For the bonding, Collier County requires 100% of the remaining construction J:\100-30 (Le1y) Majors Phase 2 & 3\Exce1\P1at Fees revised 9-7-04.xls ---""----~..",,_.- >""---.. THE MAJORS PHASE THREE PERFORMANCE SECURITY BREAKOUT 16A3 r.¡~ Estimated Total Quantity Current Amount to Description Quantity Unit Umt Price Amount Constructed to Date Date 6" PVC Sanitary Sewer Lateral 450 LF $10.69 $4,810.50 450 $4,810.50 6" PVC Double Service with Cleanout 7 EA $275.78 $1,930.46 7 $1,93046 6" pve Cleanout 6 EA $274.78 $1,64868 6 $1,64868 8" PVC Sanitary Sewer (0'-6') 712 LF $]4.70 $10,46640 712 $10,46640 8" PVC Sanitary Sewer (6'-8') 284 LF $18.70 $5,310.80 284 $5,310.80 8" pve Sanitary Sewer (8'-10') 63 LF $26.70 $1,682.10 63 $1,682.10 Manhole 4' Diameter (0'-6') 3 EA $2,945.66 $8,836.98 3 $8,83698 Manhole 4' Diameter (6'-8') 2 EA $4,091.22 $8,18244 2 $8,18244 Manhole 4' Diameter (8'-10') 0 EA $4,550.54 $0.00 0 $0.00 Drop Manho]e Outside Connection 0 EA $606.00 $0.00 0 $0.00 Pump Station (Complete) 0 LS $73,000.00 $0.00 0 $0.00 4" PVC DR-I 8 Force Main 0 LF $10.18 $0.00 0 $0.00 4" Plug Valve wi Box 0 EA $560.00 $0.00 0 $0.00 Television Inspection 1,059 LF $1.50 $1,588.50 1,059 $1,58850 Television Inspection (One Year) ],059 LF $1.25 $1,323.75 0 $0.00 Tie-into Existing Sanitary Sewer ] EA $2,02400 $2,024.00 I $2,02400 Connect Force Main to Existing Force Main 0 LS $1,50600 $0.00 0 $0.00 Rock Excavation 1,059 LF $18.00 $19,062.00 ],059 $19,06200 SUBTOTAL $66,866.61 $65,542.86 Estimated Total Quantity Current Amount to Description Quantity Unit Unit Price Amount Constructed to Date Date 1" Doub]e Water Service w/4" PVC Casing (Complete) 8 EA $605.00 $4,840 00 8 $4,840.00 ]" Single Water Service w/4" PVC Casing (Complete) 4 EA $428.00 $1,71200 4 $],712.00 8" PVC Water Main, C-900 DR-18 1,007 LF $1442 $14,52094 1,007 $]4,520.94 8" pve Water Main, C-900 DR-14 87 LF $16.84 $1,465.08 87 $1,465.08 8" Gate Valve wi Box 2 EA $752.00 $1,50400 2 $1,504.00 Fire Hydrant 3 EA $2,340.00 $7,020.00 3 $7,02000 Permanent Bacterial Sample Point I EA $827.00 $827.00 I $827.00 6" Temporary Backflow Preventer Assembly ] EA $3,10000 $3,100.00 I $3,10000 Connect to Existing 8" PVC Water Main 1 EA $1,35000 $1,350.00 0 $0.00 SUBTOTAL $36,339.02 $34,989.02 Estimated Total Quantity Current Amount to Description Quantity Unit Unit Price Amount Constructed to Date Date Double Irrigation Service w/4" PVC Casing (Complete) 8 EA $944 00 $7,55200 8 $7,55200 Single Irrigation Service wi4' PVC Casing (Complete) 6 EA $565.00 $3,39000 6 $3,390.00 12" PVC Irrigation Main, C-900 DR-18 495 LF $21.44 $10,612.80 495 $10,612.80 12" PVC lnigationMain, C-900 DR-14 119 LF $24 09 $2,866 71 ]19 $2,86671 10" PVC lnigationMain, C-900 DR-18 0 LF $17.22 $0.00 $0.00 10" PYC lnigation Main, C-900 DR-14 0 LF $19.34 $0.00 0 $0.00 8" ryC lnigationMain, C-900 DR-]8 0 LF $1342 $0.00 0 $0.00 8" PYC lnigation Main, C-900 DR-14 0 LF $]4.91 $0.00 0 $0.00 6" ryC lnigation Main, C-900 DR-18 489 LF $1247 $6,09783 489 $6,09783 6" ryC InigationMam, C-900 DR-14 57 LF $13.51 $770.07 57 $770.07 10" Gate Valve wi Box 0 EA $1,091.00 $000 0 $0.00 8" Gate Valve wi Box 0 EA $775 00 $0.00 0 $0.00 6" Gate Valve w/ Box I EA $577.00 $577.00 I $577.00 12" Temporary lnigation Blow-off 1 EA $],974.80 $1,974.80 1 $1,97480 8" Temporary Irrigation B]ow-off 0 EA $1,24500 $0.00 0 $0.00 6" Temporary Irrigation Blow-off I EA $1,09200 $1,092.00 ] $1.092.00 Connect to Existing 12" PVC Irrigation Main 1 LS $1,43400 $1,434.00 I $],434.00 Connect to Existing 10" PYC [rrigation Main 0 LS $1,400.00 $0.00 0 $0.00 SUBTOTAL - $36,367.21 $36,_~67.21 100-30-1 I-Performance Security Worksheet revised 9-7-04.xls ,--~.,_.---~- THE MAJORS PHASE THREE PERFORMANCE SECURITY BREAKOUT 16A3 Estimated Total Quantity Current Amount to DescriDtion Quantity Umt Unit Price Amount Constructed to Date Date Estimated Total Quantity Current Amount to Description Quantity Unit Unit Price Amount Constructed to Date Date 15"RCP 239 LF $21.48 $5,133.72 239 $5,13372 18"RCP "50 LF $34.85 $19,167.50 550 $19,16750 24" RCP 161 LF $43.05 $6,931.05 161 $6,931.05 30" RCP 186 LF $48.58 $9,035.88 186 $9,035.88 18" Flared End I EA $93530 $93530 I $93530 30" Flared End 1 EA $1,695.00 $1,695.00 1 $1,695.00 Valley Gutter Inlet (Bottom Only) 5 EA $1,936.00 $9,680.00 5 $9,680.00 Junction Box I EA $1,248.72 $1,248.72 ] $1,248.72 Grate Inlet 4 EA $1,54932 $6,197.28 4 $6,197.28 Connect to Existing Box Culvert 0 LS $3,000.00 $0.00 0 $0.00 Rock Excavation 897 LF $18.00 $16,146.00 897 $16,14600 SUBTOTAL = $76,170.45 $76,170.45 Estimated Total Quantity Current Amount to Description Quantity Unit Unit Price Amount Constructed to Date Date Vallev Gutter Inlet (Top Only) 5 EA $625.00 $3,125.00 5 $3,12500 2' Vallev Gutter 2,478 LF $5.40 $13,381.20 2,478 $13,381.20 Type "A" Curb 327 LF $10.00 $3,270.00 327 $3,270.00 3/4' ASDhaltic Concrete (Type S-III) First Lift 3,624 SY $2.15 $7,791.60 3,624 $7,791.60 3/4" AsDhaltic Concrete (Type S-III) Second Lift 3,624 SY $2.15 $7,791.60 0 $0.00 8" Limerock Base (Compacted and Primed) 3,624 SY $6.91 $25,041.84 3,624 $25,041.84 4" Limerock Base (Compacted and Primed) 985 SY $5.50 $5,41750 985 $5,417.50 12' StabIlized Sub!rrade 4,558 SY $1.40 $6,381.20 4,558 $6,381.20 4" Concrete Sidewalk (Reinforced) 985 SY $15.80 $15,563.00 0 $0.00 Saw Cut and Connect Sidewalk to Existinl! Sidewalk I LS $250.00 $250.00 0 $0.00 HandicaD RamD 6 EA $1,500.00 $9,000.00 I $1,500.00 Silminl! and StriDinl! I LS $1,200.00 $1,200.00 0 $0.00 C.O. # 2 Trenchin" of Conduit 2193 LF $3.00 $6,579.00 2,193 $6,579.00 C.O. #2 Furnish and Install 4" Conduit 763 LF $4.59 $3,502.17 763 $3,502.17 "UBTOTAL = $108,294.11 $75,989.51 Estimated Total Quantity Current Amount to Description Quantity Unit Unit Price Amount Constructed to Date Date Clearinl! and Grubbill!! 3.04 AC $4,200.00 $12,768.00 3.04 $12,768.00 Off-site Fill for Inrrastructure Improvements (40% 12,133 CY $8.78 $106,52774 9,281. 00 $81,48718 Comnaction Factorì Benn Gradinl! 1,250 LF $10.00 $12,50000 1,250 $12,50000 Swale Gradinl! 1,250 LF $5.00 $6,25000 1,250 $6,250.00 Sod (1' Back of Curb) 320 SY $1.50 $480.00 320 $480.00 Sod (Lake Bank) 2,000 SY $1.50 $3,000.00 0 $0.00 Sod (Swales and Berms) 5,620 SY $1.50 $8,430.00 4.650 $6,975.00 2' Silt Fence 3,900 LF $1.50 $5,850.00 2353 $3,529.50 Floatinl! Turbidity Barrier 100 LF $50.00 $5,000.00 0 $0.00 Utility Off site Fill if Required 1440 CY $8.78 $12,643.20 0 $0.00 Rough Gradill!! 1 LS $5,333.00 $5,333.00 I $5,33300 C.O. #1 Light Clearing of ROW 0 AC $750.00 $0.00 0 $0.00 C.O. #1 Hydro Ax Phase 2 Lots 0 AC $950.00 $0.00 0 $0.00 C.O. #1 Selective Clearing of Preserve 1 LS $3,000.00 $3,000.00 1 $3,000.00 ¡SUBTOTAL = $181,781.94 $132,322. 68 CURRENT TOTAL = $505,819.34 $421,.~81. 73 100-30-11-Pertonnance Security Worksheet reV1sed 9-7-04.x1s 2 ......--,.---..- " 05 05 .~ .S ~_ - ¡ ¡- ~"ti : z ~ .~"- :,:.,,::!,,'f- ,~I-] ~- i ~ .S ,..¡ ¡ ¡- Ë ;\j ¡ -< ¡ w :n~ j~ 8~ .¡~ ¡~ .90 : "t; ....¡z: ,,- ,0 -t:~ ~O:.., "'" .c 5 :E-- 00 ,,'- ="tt ,-l" ~ § i c ~ cií -< ~ i ¡- '!!Ir. "" UJ.8g :~ o'õ zf-t:~ 0, l f;;: "'a:s '0 ~~ <-<'''' U-;3- ",··I-af-~<~~~Wf-~~~ f-~~~f-~~~~ ~o J~ ",~f-", 0 ~~~~ I~~ ~~ uZ tJ ¡¡"" ¡-¡:~oè! ¡::c'" '''i§~ I"":::,., wtJ < ~J uO C "'o::¡-~ S \ ~w ~ "'~ <;~w ~wz:I.~, 81: ; ~ "'", 0::= ¡- ~uwz:, 0 Uo Oz 50 ¡-"':sw Q"':S~ ~- I, ~~ ~o z:~~~ W~~~ E ... ~ .:J fJ - ° ':!. '" ~ "f-I- " ~ 0 < 0,- ~ ' "'~ uE¡-~w I~ ~...¡- "'''' k- e§ ~~UO~ '" ~f-w"t;"t; ~ "'g <~-<u< §w~z:u §~ ~ =u =s"'c:::~~ ,,~...wz: G:"t; :¡; .g oJ "..r: ~ -( .q: ~ -( c.fJ c:: < \ OJ ::I "'U ..,uz:¡-¡- -¡-"'o::~ ~~ I~ ~~ ~zoow~~low~< o~ ~ ,~g ~~~f-~ f-f-~U~ 3~ 5 ----/--1-:1-1---1-1-. -<u -N"'...."'I ><ór.:';I~ "'''' ,z d Z õ2 LtJ - LtJ <>ð Z'" - -1- 1--1-53", W Z~~ en UJt::v ~ ~Iª M ~ ~I<~ .~ ~~~ :::E ~~~ --- z--I-ooo~fc; 0 o ~ 1= 00 §5 ~ a .... LtJ a I~ I~ I 1~I,ì I ~ ~ '7< "'. M", (', I~ LtJ > __G: ....öO::LiJ ~ðf-~f;;: z¡¡: ~a 9a ::>1- 1-0 zU ...,<- ~~ oUO: LtJI- 1_ r- ::J W I- a Z 0...... 0:0.... I-~ 0u~ Z LtJ" UJ '" < ~ <. ::> :J: '" U U N ° ~ I~ ~ -~~-I- --- Ö I- a ° 2 W ... -L ¡:.; U UJ ë3 ~ ... 0:: LtJ LtJ Z 5 z LtJ I ____1-__ I- z: W I- :s z: ~ W < :s II~ 'I ~ : I~I I. i~ 5 i~ il J~ ~ > I,... ,~ '" -< 0: 10:: '''-/ z..., u-< w O§o ··0.... ~~c~ IU ¡¡J¡ 01= ~ U [;j ~ ... ~ :;; ~ '" IQ > UI" o:,¿ LtJ '" ... ::J ~ ~ " z: "-I'"t; '" f-O:: ~ < <I'" 0 0 ¡; "/< a/g¡i ~1~!;;8 ci g¡f&I~'~g~ ,6 0'" ¡j ¡: '" >- ~ ¡t 0 0 ~ '" :â < 1- 0 Nõ..! :z ~ UJ 9 f- E- ¿ t; _ ctI ,g 'I- ¡-'$ "" 10 ~ ~ u. U U O"t; 0 .. -J< - tifHl"'IZ U ¡¡JI==¡cñ- <_ « "-I Õ e "t; a IS:: I' I-:r:: :r:: UJ ~ ~ t:I u :g ~ ~ _ N '¡~ I -¡;/ ~ UI~I--I f- 1; Z §.!2 e.c 1"- ". 1/°1-0<>' Z O~<.. >11;5 ,:;: I~' Q: . ¡¡: ~I~I~ 8 U õ ð ~I~:i c:aoQCOf' QOI,Q~\O MÑ~"': -COO'll_ ~N\QO\ ...:~r-:1f"Î "Q''t;fCOQ\ ~ ~"'t ~~~~ Ei~; DEl oj OJ:>::J:! 2 ~ ~ê~i I: iJ?o; '. ~=¡:..~ ';;;:: ~~:. ~ .... . .~ o 'I, ~ t," .... "Q\C...,.co '"":tt}'1~~ Of"-t"il() c:7'IN\,QlI)r-- LIlr:.qN..'1. O\\OQ\f'o "If'''I2'MQ~ -ro¡t"!.-M - - ~ ::: s u ..; '....L~t- g ~ ~ '" c: 0 .-.: ",... 0 ~ o ... U.;¡ -, ,~I'j .¡: It~ "c; ~ __ -os "" ~þ+~ 9 ~ .~~-t- ~~~] ....\ .~ g ~~~ ~ .~ ;--. 1= !!I-'-+- :t--..__\.ffi~ : ..p u 5 ; 1-1 ~ ¡ ,..1--.>" Z g ¡ êh ¡ ¡..:..~~~- '''';11: g g I,f-o !U £:1_ 'Ï -- ~~~ ¡,,~ ,~ § ~ Q ~.....u .~ £u ~ ~ ! § I'~I--~ 81!!1,9 UJ f- VII ~ I.,) .11 :;¡ .. 'ij ~ ~ ~ u ~~õ '1; f- <:;;¡;¡u 8 z f~5 o ~ I~ U". ~ U 0IJ .5" ;. ~, ~:2~~ ~ < ClJI-1!o '" '" a:- .... - fooIIli"I""~ ... ""'""",,,,,¡,q '- --I----I--f--_ ",f- '" '" u :.: :;;:: ž 9- f- a UJ '" '" '" - .. >- <- ~ ~I~ 0 "'.... ~fl;;¡ .. .. II -I-I-- - 000 '" N 00 ..., .,; .... * ....... 00 00 ~!:':! "'''' ~!::! ... '" I- Z UJ ~ >- Ë 0 '-- _I- ~ _ g ~ E ~I,,'I- ~ ~ 't:J u .&; 0 0 "cO -g . ~ ~~8:E~ p ~ f¡ .. ~0t1J g1D~~__~ ~B!!!g~f;;:- §<~~·~o ~ ~~ :$~~U~u ~.~g~~~ ~ ._~~~~~~ ~~Uo~~ Z ~<]~g~~ ....0~1!~0,,00 o~ o"",.~au~ - -'" U. ...... 0 -= - "t; _ ¡- UJ ~-=~e~ ~1~~=~f-O~U.5~ZU ~.....-~ z~c_~~~o ~ ~ .~ sl g .~ w u.g:.a C'C = 0 z ~gUÜ~D ~ ~]~~]8~~ -;:: -'" g g ~ -= '" ii >- ,'i5. -0:; ~ " ¿ Z g~~c~~ ~ ~ ~ä"I~~I~:~O_ ~~~8~~ ~ a ~~U>~lg~~ol-< ";:I ~ ~ .!a.~ In UJ 0 3 ; õ-I. ;$ ~~:I~~~ x ~~2~;~æu s "ti '-1 ~ U ã U E-r Q ~ ..c .:: ~ ~ :J 5~]~~~ ~ <ü~£~~r~~ ~~.c~I·ã¡¡g ~ s::g~~~~g~ ~s!ic~~ ~~ ~g-!=oes* oucõ~~u 0 E-ru'ª~~~~8 KGou~"-5 I- , O::U-=.....-;::r- ~§~5~~u u ' ~:gt.~.~~o "'u-Eu"''''''iii < u-;3u~;:;"'¡¡f- ~ ~~~~ ~ ~'-s ~~InZ ~1Is~~~"t; 1-,. ~~",O"t;>. "-I .c .[oI.~ ; §'~ § ð~' u ~ ~ -5 ; ~ B ~ I ~ fi ~~I~!1 @u if -~ \'-- ¡:: .g ~ g.g:= g a_ ,,"t;"t; "'~" II -~O¡j"'OoO ~§Æ~_o~ \~8~~cl.~oc ~~~~;.~~ ~I ~~~~~~~< Ž ¡::; .2 S 05 I 5.. .,s. I c51 <, o.g ~ .5 g 05 :;;: u 2:; "" I~ < I- ° ¡- .--.,---.,---.-- 16A3 I t"- ° Z '" « ,... ;:) ~ 0 §: ...J « w f- > 0 ¡¡: f- ö .. z~ f-w Uf- W« ..,::;¡ 0- c::~ Cl.w -" "'f- ;:)z Q;:) >0 w::;¡ I g: « 1- --;;;-;:: ;:)f- o¡:: >~ w;:) g:o f- ~<i f-f- zO of- U -- f- Z I ::0 -~TI!I f- Z ;:) o :;; « ...J « f- o f- t-vvaOONCOaJOOOOO ~~~~T-~~":~C!~~~~ . --T-C»MMVt'GI-r-c.cONOO ON__,....a;:I -.:tNooa......co,..... ......./'-..MOWll")('I'")r---. CCOOU'1Q oir--:u:ico-ÑtJ:iIJ1~Ñm r-icÕ r.D ,.... MN MM r- ~~~~~~~~~w~~~~~~~~ MaJMaC")VN~N__T-OT-"""ON""'''''' vNNm""'VT- rn v v aJ ~NN ,.... 0 0 ,.... N,.... V V f- ::;¡ « ex: ex: ;:) u ~~~~~~~~~~~~~~~~~~ z « ;:) o ex: ex: ::0 U 00000000000000 000 r-V'd"OOONCDtCooooo COCOO')O"",comr--OOONOl.() ~~oiMM.q.,....;a),-;còciNcjci ON-r-COT-<o:t'NOOOvccr- """,......MOWLOMr-T-WOOLOO oi,.....-co-a:iÑ«jl{')·Ñai riai cD ,.... C")N MM ,..... 000 000 o;jcriID vOv 0"''''' 'V-~Ñ t"- ~~~~~~~~~~~~~~~~~~ MaJMOMVNCON,....,....O,....,.... oq-NNcn,...."It'..- en v co tONN ,..... 0 ..... N..... V "I....... V o v """vvaOONcoCOOaaool.()OOO tCcomo,....COO'J,.....OOONO~,.....ooa ,-;,-;mMM~,....;m~IDciNcicio;j~WID ON,....,.....CO,....VNOOO...,.CD,.....~......OV """,.....MOCOl.()C")"""""'COOOLOOOOLOaJ m~w~Ñw~Ñoi ria:> W~~~Ñ ,.... MN MC"),..... ,..... ~~~~~~~~~~~~~~~~~~ w u iX Q, maJCOOOOtCNVDOaJOOLOooa W""""""""'''''',.....CCNLOOO OLONOOO cj~~~~~~ "oIDodci'-; .~~~ ""'''''''''''''-,....NvmLOOO..-W Na_ NN mol.O(Oo 1.0 all) Ñ"'¡"'¡ ri N-~ ,... ~~~~~~~~~~~~~~~~~~ ~«I~~~««<ø~<~~<ø~ ~ww~~~wwww~~w~~w~~ MØMOMVN~N~~O~~~N~~ vNNm~~~ m v~ v ~ ~NN ~ 00 0 ~ N~ v~ V I - ~ ~ æ~c: I¡~ I ~ õ5 _I~~, ~ ~ j w ~ I:! ~ w wo~www _~W-~ ~~o U' ~c:ê~~~~, "':s!~wxc:c:'¡;;u. 1« I QJ~roQ)Q)Q,)~ar"719E~O.Q.groC) ¡:r; ø Õ ~ U' ø ø ò 10 ëc ~ 0 0 -" " Ü rn .= 1Cl. c::¡~ Q) U ~è';;;0 U ~Ij~ ~ g']?§ U' z W'. '" - w '" '" '" .- .- .- W c: co QJ ¡¡¡ I/) ._ x _ ~lllg ,~'~ g '~I'~ .~ .~ ~ ~I~ ~ ~ ;¡ ~ ~ ~ .~ ~ ~ 1« Q, I> ø a ø rn ø rn w w w '" - a > .2 .2 W x I::E iX ~ U¡U U U U/U õ õ õ ~ ~ u/ g.!!! .!!! .9 á! W U IU' > > > > > > .!:: .!:: .!:: C. > _ > > c: c:-", ~ /1'" 1< CI.. CI.. CI..¡CI.. CI.. CI.. æ æ æ 0 E CI.. Cl. ~ ~ 'J; c: '-' II-I I~ 13: to fD fD ~ &'ro ~¡:E ~ ð a: ~ ~ ~ ~ i= 8 & LlJ i II I I I I I 000 000 cric!ic.C ....0... 0"''''' v~,..: Ñ .... ... co .... II:! v v (') acvcooooao OONtnooooo ocri"":u;i...iocrido ~Oo)tD(QC:OOOI.O LO......cnvNOMNM o~-q:,.·....CD..1l'icrjMCLj,..: N '" "I ... Eß.~EA-69-b9-WEflEßEtT V~N~"""N-.::tN-r- ('I")~NaJ ..- 0(') v .... f=ßt:ß.tßfAEßtßtfll:Aotß. 000000000 ~ .... co .,: .... (') .... - OOvt:Ooaooo OONlt)OOOOO ciaj~u;;~cia;jod ......omcctDaJoo&n lO......mVNOMNM å-q:"":CJJ·li'J-aJ-MlLf~ "I '" "I EßEß&9-tfllh&,,)&9-E:ßE:ß V......NVf'..NVNr- M......NCO ~ 0,,", v cc '" c:i ""' 01 ai v ""' .... OOvCOOooao OONli'JOOOOO oa;j"":u:i~ocOao r-omlO t:O coo 01.() LO~(J)vNOMMO åv~,..:CJJ-Ll')..cårim-..¢ "I '" "I tR-b9b9tßtßEfltlioEIJ.f:Ao OONvOOOOO oavcoooooo ~o:i~<DNci"":çjo ON LnvNOU1 CDv ......MCO~M Ñ M~ ~tßotßw:¡.EIJ.&li'ttA-b9tRo L;JL;J~~L;JL;JL1iL1iL1i V~Nv"""NvMM M~NaJ ..- 0,,", v 0:: W f- < s: W f- rn < s: ...J < f- o f- 01 OJ c: c: ïñ 'w t: cu ro '00 Uu ~ ~~.=" '~:ãE Cl..CI.."'''' Cl..E'" .._"~~ QJwS: - - ñ I/) U ~j** Ë~> .~¡'jS:S: JJ~~"" ~'~""vx ¡¡jo:: (íJ QJ . I 0 ¡;:..:a:: OJ I-U)a::a::.e 1Q,)~.5 .!!J ~aa ~ "cc.~ "'-00 w '" >-/'" :> "'00 >_¡CC '-W >~cp~ëijc:-eo ~Q)CJu>~&:io:: ex:¡'-" ~ U U Q) >- c:¡@iu 1~.aÕ -" > >,'~ :r;IE OJ/:! ~~ rnCl..CI....., wl..f- c: S: ;.. ;.. ëc êc êc Œ:18:/", 8 I III 16AJ 1 I, f~ - r-I-I 000.... 0 V "I::t' ~ U') (I") 0 0 0 0 0 0 0 0 Iv OOOO~v~......~o....oaooooooo N ~~NW~~~MMNN~~~~w~ci 0 œ~....ID....ON~WO~~~~~~~o 0 ONCJJmøMON~N..............mNNV~ N Ñu:io"Nm-M·O- O"ÑÑ .. ~"":M~Ñ Ñ '" "I "I o co ""' .... 01 ri ""' ... ~ ~ ~U::I~ ": ~ ~ ~ ~I~ ~ ~ ii111'~18 ~ ~ W~N~~~~MMNN~v~~~~o m....~~ ON~WO~~~~"I::t'~MO ON~~~MON~N....~~mNNVCO Ñ~ÒÑmMO aNN ~~~ri~Ñ C") ,- N -r- ..- ... ~tA-~~~~~~~~~~tA-~~~~~~ O~""~mO""~~~MN"""N~~n""N M....m..-C\/,.....'V..-....co v....,....,...,...... QJ,- ... I . I I' I , .... ~~~~~~tA-&li't~~~~~~~~~~~ 000000000000000000 ° co M v 01 ri ""' ~ .... ~~~~~~~~~~~~~~~~~~~ v..-U')mO~"""'~U')MN""N~_M""N M~Q)""N~v~,....c.a "It....,........,...... 00..- o co M v .... ai (') ... OOO....O~V,....~Moaoooooo oom,......~~,......vo-oaoccoooo ~~NWØ,...:~MMNN~~~~W~o m-"-ID-oN~c.aOOO"""'~"""'~"""'MO ONwmc.aMON_N_~....mNNvCC ÑwoÑmrid ÒNN ~~~M~Ñ M ~ N ..- .... .... ~~~~~~~&Ii't~~~~~~~~~~ OOvmNVN....,...... 00000000 aOVoNMvœ~~ooorooooo ~~~~"":mM~~M~~~~~N~ci vIDNN ..- Q)......,......,......~mMa m~ q,....~~~~~~ ~ ,..... ~,....,....,..... ~~~~~~~~~~~~~~~~~~ <«u.u.~~~~~~<(««<~øl W W ...J ...J -' -' -' -' ...J -' W ~ W W W ..J -' -t.. v ~œa ~~~MN"-N M N (I')~OJ N......-.:t~ (D 'V,....~,....~ co,.... I go OJ .~ .~ UJ '~I'~ ~ ~ -" .= .= -" c: c: c: c: I~,~ ~~~~~~r~~~~ ,~!~ ~Q)ã5aaC:t:c::c:: I~I~ .~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ð¡ x )(15:t= ::t:1~!~ rn¡eJ! 'E 'E 'E 1=1'~ g' gl'~I'~ B B ~ 9 9 g>¡ g' 5 c:: ~ :; ~ :; ~ ~ 1: 1: "3 ~ -º 3: ~¡~ ~ ª.i j ~ ~ f§ ~I~I~ ~ ~I~~ ~ ~I~,~!~I~ f-¡_ .§Iu u u u a a a a.!!J > > E"c.!c.I-I- « w > > > > U ü U U "".!!J .!!J wEE á! á! ~':g ~!: ~ ~ :'- :'-~I6:;I:6: 6:!6: ~~ ~!;I¡!I¡!I § § 0::.°'-"1"100,: 'I' 01;, "1'."-1.00 ¡o CI) ,.... ,.... co to CD to ,..:.rèo CD -¡COI(O,U U I I i 1111I ! 11111: a:: W f- « s: <i! f- a f- ~I 101 10 IN iÑ IN I'" .... "- ;/ -1·- <iil o· ~I ~! r J_ u I I I r I I I I I ¡ I ¡ ,z' :01 i~i 1(91 joci 10::1 I~I '51 ¡f-I I I ¡ I , i I ,-r- /1 i I i I I . 10 U") L() CO 0 0 0 CO N 0 0 OOOaJ~OOCOC')OO t.ritÓ~lri""':u1N'¿'uioo N,-('I")C")'Q" CJ)..-rn C» ON VlOO)OtDCOC1.lCJ')NO(J) C"'; ll"i CO~ en- (lJ- ~ Ñ V~ en- (1')_ .,¡ --I.() M C") tR-4;flb9-b9-f:Ao&9-t.'7(;flEA-ta4tß I.()('I')T-(Of',,...,,....vr.c,-o NO'JCCaJ ,... V COL()..-,... en I·---·J I ,I b9Efl(;flf;,REfltß~iR-f;R-b9-b"t 00000000000 ~~~~~~~:~~~j N""C"')M~O)""C)O)ON ""'lC)Q)OlOCDcnmNOC» tri fri «j cri CD- ,...- C".¡ ~ CJ)- ~i ~ 10 '" '" Wt,9.~~Efl~Eflb9-Er.t~E;ß 101M,... <.c I"'- T""" ,..... "It" to,... a NO>tOro ,- "I:T COU1,-,... en ~ -- - OlOIO"'OOO"'NOOj OOOaJ cacomoo Iri cD . tri,....: iri N -.i tri ci 0 N-MMvm..-mmON '<:t'LO010 U1co CJ)mNOQ) riLO-w-aicri -Ñ..q--O)-ri..¢ -1.0 ("') ('I") tß~fI9ta4Eflf;ßof:ßf:lltEflt.9-f;ß (QLOl()CDOOONNOO "I;f'COOlOMOO,,"MOO ~..q:McDui~coajaioa;j NMVVP]O>MvvO,... mCD 0) NU':J 0 - . . . rri Eßå9f:ßblttß-tðfA.f;R.f:ßb9-&9 u. u.u.u. <I: <1:<1:<1: <l:enu. __ ...J ...J ...J ...J W W W W W ...J ...J U') ('I") ,... col"'" ..... ,...... V <0 ...... 0 NQ)COCX) T"'"" "I:T to ~ ~I~ m I I I I Il j I II i I~ ¡ OJ ¡OJ II I i~I'æ!i ¡I.flg 100:;; x wl~ ~! ¡ill¡W ~ ~ ~ 0lro "','0.. a. a. a.l!2ll~ 0 I: "113 Jj zuuuU..J..J >,.Q- Q) ~,;I~I~ ~ ~I~ ~ j ~ ~ ~ . r I I II '" OJ N r-- N OJ' r-- ~ 0000 O"'lt'OO LONe"""': NC\lOv CCooNO ci r--.- ~,...... ..--.::tT""'C'\ 000 "'lOa r-:,..q:..q: N~", mN~ tÕÑÑ "'NN o o o o 10 N N "" fr9.b9>f:ß&9&9-tI9b9-ErJ.tflb'T&9-tltE:R-Er'? t'--(CooaomoooU1000 ......L()No:::> COM..- 0:>0> co..-\/) LOOm L(')N co_~ ~v~ c.oN ~ . , ------ a o o a 10 N' N .... tA-yt.f:fl~f:flf:flfflU}f:flt:Ro&9fAb'7f:fl 0000 000 10 ~ '" OJ N r-- N a;j r-- 0000 000 OOJ O'li;fOO COI.()Q 0_ LONo""': ,...:..¡.~ ci~ NNOv N-M v_ COCONQ C'JN,.... """1.0 0"":':": ¡¡jNN aio" ""'V""'N CONN &9f009.ER>Eß-&9V9-f;A.f:fltflb'7f:fl~b9b9 "" """COOQ -lONCO OJ~IO OJ~N am a co",~ lOa", NVIl) o - OJ OJ N r-- N ",' r-- ~ 00000000000000 OVOOOCQl()QNOOOO_ LriC\id"":'~"":-.:i-.i-u:iciooo"': NNOvVN-M,,-ooov-r- (,0 CONOocnN......COl()oco,...,l() ci,..:......·,..:,....~r.&jÑÑri oM-m-o· ......V......C\NCONN(,O M ,-...... "" tßtl'J.b9"""fßtfl"""tfll:r'tf:flf:fltflf:hb"} OOOLllLl) 00000000) O<o:::ro CJ)L()'VC:OOOOOLO LriLrioNNcDLri~triodoM"¿' N ,.... '1-000 (CI 1.OLl)(p ~M tflf:flf:flf:fltR-tflEt'fotA-f:flf:flb":l-&90E:flEfl <l:u.u.>->->->->->-en<l:enu.u. w-'-,enenenenenen-,w-,-,-, ,....tCoooomo01......o_oo -IJ']NCOC:OCOMT-('I') N =0'1 OJ T-r.nI.()ll')O CX)0 anN CX)'-NNNvl()v I.QN ~ ~ ~ "" ;::::J .J-g__ ~8-g"2 en ü: cJ5 .~ .~ ~ == == a. a. 'x "aðað W enen'C'C .9 I~ I ~¡.~ ~ ~ ~ :g /0 t: t:: ~ ~ ~ I: '0. ÆÆ E E~ '2 ..-:::8 10 OJ () COra ~ (I) 1:3. t:. tJ tJ f¿. S¿ Q¡ ñi - I-C ~ I~ 55Q)Q)-§~~ Ig= ,,~ U ~ ~ ~ en '0 § 0. Iu!!! ::2€uuaJaJ"'Oü)cE ....en (1)3 ::J===~~ Q,) l1)ü~ ~O.5 5 ~ ~ .c~.ê g g ~ '§ oð c. ~ oð "''? Q) ~ '" '" :;; :;; -g u :;" :ë J: ~...=- <1:<1: E E- §u.~!: u.!!¡ >Q)roQ). .-.-enu;:'Co.cl: «=ffi? ~5:t~~;-1~. en æ:s e:; 0.'> N ~ M C") C01"'d" _ "'d" CJ) J: (I) I- u. III III I w (!J I~ '0 1-, <I: f- o f- NN ~~ 00 ùù 00 OJm ION tON 00 O~ 0"": v ~ r--IO 0)·0· ~ ~ 0/0 a 000 oot.O OlOtO IONtO c\i ui ~ o ~ ;:;¡ r-- 0" OJ N 0..- 0..- ci~ 010 mil) CX).oq: ~m N o 0 0 0 0 0 010 v ~;j~~d~~d ~ ,......mOMONOOO cnr.ooC:OO"""'COOcn cD 0 Lñ M~ CD~ oi cD ri lri --N'I-...... M ..- "" ~fflffltflfßtfl~~tfl~f:h~ffl~ffltfl f:fl (()COOooOOOOOI.{,)""'('I")ID_ ~~ ~~:: ~~g~ ~~ M T'"""'~ v""" N '" - '.- _ _c_ _ o o ci o 10 N N to ~ o '" 10 a' OJ 000 000 ooLri OOtO o 10 to I,().C\.~ o o 'tri r-- m cD to ~ o r-- to cD m "" ~~~~~~~~~~~~~~~~ ~ 00 ON r-- C;; 000 OO~ Il)IO~ 00000000 10 to ..- o ~ N N a;j 10 N "" -i- OOJ ON 0""': ON mo ¿oq: ~;:;¡ 00 00 do 010 lOr-- "':M- 0000000 co 00"""'00000) Lridr...:ciuiNO ci O'JOMONOO M <.cacoor-..COON o·lr'iricr::jm-uiM oi -.....N,...._ M '" b9-&9-Eß.&9W~f:fltß.tß.~f;R.f:R-tfltfl&9tß. LOCO 00 ~~ ~~ ..,. N OOU')_MCO...... (")0_ w- ;::M~ N~ o a tri OJ M '" '" "" 100 00 ON om mlO crJ· en· ~;;; 000000000000 000000000000 ciouidcidddcilriC\io Ol()r.oLOMLOOOoNoa I,()NteovlOomo,....CX)o N· cci ~ 0- ctJ- ,..,.- 0- ri te· oj cD M 1""" ..... -Mv,........... -i- - o co o v -.::t to to m '" to v· ,..... ~ co 10 ~ """" 6Roá'!ttfltRfA.EflfflfßEßotflf:llo9-&9t:ß ;; -i- - Olu or-- ciai o "! v aOOOOOOCDOooa OOl()l()U')l() 0"""0 000 olri,..;,...:~~da;jc;;jood ,.... t/) OI.()I.(}O 0"""010 «i ('1')- ~ tflEiFJ b9-~tfltfltfl~tfltfltfl~tßtfl 0>- <l:U lOa ~~ to '" lJ.u.>->->-u.u.>-enUOen -'-'enenen-'-'O-'<I:<I:-1 oOOOOOOO_MCD,.. ~~~~~~~g ~;:; '---(,01.{,)_ lJ') " z I> I~ ;:: o I- a< o 1* c: Q) I I ~ I I~ I ~ ~ I ~ i lio~1 ~ ~ ~ I·ê 5- ¡~ 'Š ~ tr I~I~~ I ~ I~ I~&! I~;;~~ ¡g 2c~ :=~CD~' IOI~ tV ~ ¡Z ~1'(!J ð I: OJ¡ g> 0 æ að ~ iJ.. g> g>1'~ ~ 0 0 ~I-g :: g ~'-õ TI 00 ~ B :s ~ ~ 1: a.. 0. ~ U ~ ~œ ~ ~ <3 Æ! .21 ~ ~,': ~ ð Æ ~ ~ I J: I: Q) E(!J ;..jenlJ.lc'0J:0 f-,'¡:: ;"'",- E Æ! ~~~=' =I~ 0>- e e I œrn 0 ro ~ ·-ro-~~~~ I <1:1 Q) :o!: U ~ ;: 15 0 -g en 0 ,.. 0 0> '" '" w ë3 ° Æ en enlen en N ü: So:: :J J: J: I I I 88/8 III 16A3 I~ ": ~ to ~ o ... ~ ai ;: "1 ~ ..,. r-- to' r-- "l "" '-- liJ '<;j1 '<;j1 0 If) L1ì Z « --' m m « ID rl rl 0 0 If) L1ì (V) (V) rl rl Z 0 0 0 ¡:: 0 0 0 ::J 0 liJ 0 I- Z '<:ji '<;j1 ::J 0 If) L1ì ~ « liJ m m 0 rl M ~ 0 0 ~ L1ì If) (V) M M rl OJ OJ rn H --' ¡:; ..c: ~ E-< z. OJ 0 en ¡:: 0. rö I---- ëf ..c: 0 ~ rn liJ en '" 0 H m 0 '<;j1 -n 1.0 rö ~ OJ ..c: E-< ¡--- ~a: oliJ liJlD I~ o::J Z Ö '<;j1 Z 0 - liJ 0 0 '" Õ I '<;j1 > 0 0 ~ '" I I 0 m '" -!< I m liJ '<:ji - ~ 0 0 I 0 OliJ '" liJ~ I ¡So m C\J 0') "'" (!) U -I -I I- Z ,¡J ~ a.. o -I I.L.I :> I.L.I o ::II:: U o I- en i ").peq va SI!etaa ·sam~ea ^'!Jn~E C\J 0') "'" (!) en .¡J '<;j1 s::: L1ì OJ I- Z U ::J m 0 rl '<;j1 ~ 0 « If) ~ 'Ö s::: rl rö -!< -!< en -!< H -!< rö Ö VI rl Z iJ rl ~ N 0 0 m ,..J liJ ~o.. "Ö I '<;j1 ziii 0 \.C s::: «0.. OJ ~~ .... OJ cY) II I,() .¡J "- OJ I,() I,() s::: '<;j1 <1' -rl C M I,() s::: C N "Ö s::: rö c :r: en C'\ f- ;j liJ 0 ~ ~ ..c: 0 Q; .¡J ..c E OJ Q; :> .t-: -rl ~ 4-4 Q; Uo I if. -10 >, -IcY) .¡J ~W H I- 5 cY) -rl Z (/)0 ..c: I.L.I :Ï;;; .¡J ~ f- cY) 'Ö a.. ~ C3 OJ OZëï:: H -I :::!o 'Ö ,¡J ~ w: s::: :> I- r.r¡ ;j I.L.I -w ..c: 0::2;.... «0.. -« OJ ~~z s::: ul- 0 08 -!< 1-11) -!< en <1' -!< -!< -!< -!< -!< -!< .¡.: .¡.: >, rö P-i ~t·\-\ ~,T 16A~ "A 16A4 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION and MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this !l!! day of ~.J- , 2004 between Stock Development. LLC, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board", RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: The Majors Phase Two. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: A 59 lot single-family residential subdivision which includes: Roadwork, Storm Drainage, Sanitary Sewer, Potable Water, Irrigation, Earthwork, Street Lighting, Permanent Reference Monument and Landscape Buffering. within 18 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $225.534.91 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 completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of , ':l ,. I - t i~ his preliminary approval of the improvements; or b) notify the Deveiope¡ 9ti~ 4 of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the even the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to 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 of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2 .r A IN WITNESS WHEREOF, the Board and the Developer have cause. t Agreement to be executed by their duly authorized representatives this ~ t~ .' . 4 .s,~ ' 2004. SIGNED, SEALED and DELIVERED IN THE PRESENCE OF: Stock Development, LLC C:c-::-; Witness .. o BY: ~4-~ ~ C~(.J N/Ite1J~ Printed Name Tom Masters, Vice President of Construction Printed Name and Title ~~/~ 'f'F-(/fi'É ¿¡kcf Printed Name ATTEST: """"" ,.,\' i"" ,.',.....f'"" ~G'.t:\~j~ 1",_ ' . L" '.~ - ,....,. ."J: . DWrG-H:t"E:'8R~,~r CLERK :~V:",{}\ .~J, \~::"'\ .. '.' ., S ~_~t.\~fd£;·and legal sufficiency: Ùl...~ - - ~~". . -.301~ '" {;d~^;¡;ty Attorney 1\ Ås>'IS~ Item # J loAi ~ Av::tJa 1-2.1·()<.{ I 0::::13 ___ ~ ~ Oat~ to' b . 0 t.f ~ Rec d --__ ~ 3 16A4 AFFIDA VIr WelL Tom Masters, P.E. beingfirst duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed site development application; that all the information provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and are honest and true to the best of our knowledge and belief ~~- Signature of Property Owner Tom Masters, P.E., Vice President of Development The fo/egoilJE.Jnstrument was acknowledged before me this J ~b.- day of ,~ ' 20!!L by -JDI""ì--. Vv\tts~v-s who is personally known to me or has pro uced IVI if- as identification. State of Florida County of Collier \,\\\Hit iii fllllll. ..,.'dO'" A. We""",,., k *' v......... \,..""l' ~ ~ ..·~~\SS'ON;··. ~ /. ciJ ~ ..:"c<>"'''''ð.¿«>'';.. ~. J~ ª :::t:4-Qj ~~~ §. . =*: .... .*::: ~5 \. #DD187211 j "S:'§(Signature of Notary Public - State of Florida) ~:;::.\. 1>_ . £5... ~ ~'~/'. ~<vndedl\ll'l <i' ..' &'.:'¡¡~ ~ r ·'7Fan-~.. N '-', 1 " ~~,¢(¡s.'I."'''''' O'Í:((,.,,~ . h i4 L1A:,bé,.- '11,'// Ie. STÞ.ít "c\'\ !I "!Ií ,,," \\\\. Notary Stamp '-.-'."--...,- The Majors Phases Two and Three Plat Submittal Fees 16A4 Phase Two Fees Plat Recordin!!: Fees Board of Commissioners ($17.00 x Total Sheets) Clerk of Courts ($30.00 for the 1st Sheet + $15.00 x Additional Sheets) $85.00 $90.00 Total Plat Recording Fee $175.00 Note: This Fee is not included within the Performance Securitity, and requires a separate fee check. Performance Security Total Contract Amount Total Constructed to Date Total Contract Remaining $1,181,877.14 $1,074,529.94 $107,347.20 The Bond Amount is: 100% of the Remaining Contract 10% of the Total Contract $107,347.20 $118,187.71 Total Bond Amount $225,534.91 Note: For the bonding, Collier County requires 100% of the remaining construction costs plus 10% of the total contract for the one year maintenance period. J:\100-30 (Lely) Majors Phase 2 & 3\Excel\Plat Fees revised 9-7-04.xls '~.~--"..~ THE MAJORS PHASE TWO PERFORMANCE SECURITY BREAKOUT l6A4 Estimated Total Quantity Current Amount Description Quantity Unit Unit Price Amount Constructed to Date to Date 6" PVC Sanitary Sewer Lateral 1,393 LF $10.69 $14,89Ll7 1,393 $14,89Ll7 6" PVC Double Service with Cleanout 21 EA $275.78 $5,791.38 21 $5,791.38 6" PVC Cleanout 17 EA $274.78 $4,671.26 17 $4,671.26 8" PVC Sanitary Sewer (0'-6') 1,878 LF $14.70 $27,606.60 1,878 $27,606.60 8" PVC Sanitary Sewer (6'-8') 929 LF $18.70 $17,372.30 929 $17,372.30 8" PVC Sanitary Sewer (8'-10') 181 LF $26.70 $4,832.70 181 $4,832.70 Manhole 4' Diameter (0'-6') 9 EA $2,945.66 $26,510.94 9 $26,510.94 Manhole 4' Diameter (6'-8') 6 EA $4,091.22 $24,54732 6 $24,54732 Manhole 4' Diameter (8'-10') 2 EA $4,550.54 $9,101.08 2 $9,101.08 Drop Manho]e Outside Connection I EA $606.00 $606.00 ] $606.00 Pump Station (Comolete) I LS $73,000.00 $73,000.00 I $73,000.00 4" PVC DR-I 8 Force Main 790 LF $10.18 $8,042.20 790 $8,042.20 4" P]lII! Valve wi Box I EA $560.00 $560.00 I $560.00 T e]evision Insoection 2,988 LF $1.50 $4,482.00 2,988 $4,482.00 Te]evision Insoection (One Year) 2,988 LF $1.25 $3,735.00 0 $0.00 Tie-into Existinl! Sanitary Sewer I EA $2,024.00 $2,024.00 I $2,024.00 Connect Force Main to Existing Force Main I LS $1,506.00 $1,506.00 I $1,506.00 Rock Excavation 2,988 LF $18.00 $53,784.00 2,988 $53 784.00 SUBTOTAL = $283,063.95 $279,328.95 Estimated Total Quantity Current Amount Description Quantity Unit Unit Price Amount Constructed to Date to Date I" Double Water Service w/4" PVC CasÌl1l! 26 EA $605.00 $15,730.00 26 $15730.00 I" Single Water Service w/4" PVC Casing 7 EA $428.00 $2,996.00 7 $2,996.00 8" PVC Water Main, C-900 DR-I 8 3,015 LF $14.42 $43.47630 3,015 $43,47630 8" PVC Water Main, C-900 DR-14 297 LF $16.84 $5,001.48 297 $5,001.48 8" Gate Valve wi Box 5 EA $752.00 $3,760.00 5 $3,760.00 Fire Hydrant 9 EA $2,340.00 $21,060.00 9 $21,060.00 Permanent Bacterial Samole Point 3 EA $827.00 $2,481.00 3 $2,481.00 6" Temoorarv Backf]ow Preventer Assemblv 2 EA $3,100.00 $6,200.00 I $3,100.00 Connect to Existinl! 8" PVC Water Main 2 EA $1,350.00 $2,700.00 I $1,350.00 SUBTOTAL - $103,404.78 $98,954.78 Estimated Total Quantity Current Amount Description Quantity Unit Unit Price Amount Constructed to Date to Date Double Irrigation Service w/4" PVC Casing 26 EA $944.00 $24,544.00 26 $24,544.00 Single lrrigation Service w/4" PVC Casing Comp]ete) 5 EA $565.00 $2,825.00 5 $2,825.00 12" PVC lrril!ationMain, C-900 DR-18 0 LF $21.44 $0.00 0 $0.00 12" PVC lrrigationMain, C-900 DR-14 0 LF $24.09 $0.00 0 $0.00 10" PVC Irrigation Main, C-900 DR-18 1,720 LF $17.22 $29,618.40 1,720 $29,618.40 10" PVC lrril!ation Main, C-900 DR-14 171 LF $1934 $3,307.14 171 $3,307.14 8" PVC lrril!ationMain, C-900 DR-18 747 LF $13.42 $10,024.74 747 $10024.74 8" PVC lrri!!ation Main, C-900 DR-14 17 LF $14.91 $253.47 17 $253.47 6" PVC Irrigation Main, C-900 DR-I 8 326 LF $12.47 $4,065.22 326 $4,065.22 6" PVC lrrigation Main, C-900 DR-14 106 LF $13.51 $1,432.06 106 $1,432.06 10" Gate Valve wi Box 2 EA $1,091.00 $2,182.00 2 $2,182.00 8" Gate Valve wi Box I EA $775.00 $775.00 I $775.00 6" Gate Valve wi Box I EA $577.00 $577.00 I $577.00 12" Temporarv lrril!ation Blow-off 0 EA $1,974.80 $0.00 0 $0.00 8" T emporarv lrril!ation Blow-off I EA $],245.00 $1,245.00 I $1,245.00 6" Temporary lrril!ation Blow-off 2 EA $1,092.00 $2,184.00 2 $2,184.00 Connect to Existinl! 12" PVC lrril!ation Main 0 LS $1,434.00 $0.00 0 $0.00 Connect to Existinl! 10" PVC Irrigation Main 2 LS $1,400.00 $2,800.00 2 $2,800.00 SUBTOTAL = $85,833.03 $85,83./.03 I 100-30-1 I-Performance Security Worksheet revised 9-7-04.xls .~'----,.,-" THE MAJORS PHASE lWO PERFORMANCE SECURITY BREAKOUT Estimated ToW Quantity CUtrent Amount Description Quantity Unit Unit Price Amount Constructed to Date to Date Estimated Total Quantity CUtrent Amount Description Quantity Unit Unit Price Amount Constructed to Date to Date 15"RCP 386 LF $21A8 $8,291.28 386 $8,291.28 18"RCP 1,043 LF $34.85 $36,348.55 1043 $36,348.55 24" RCP 0 LF $43.05 $0.00 0 $0.00 30" RCP 0 LF $48.58 $0.00 0 $0.00 18" Flared End 6 EA $935.30 $5,611.80 6 $5,61 L80 30" Flared End 0 EA $1,695.00 $0.00 0 $0.00 ValIev Gutter Inlet Œottom ()n\y) 12 EA $1,936.00 $23,232.00 12 $23,232.00 Junction Box 3 EA $1,248.72 $3,746.16 3 $3,746.16 Grate Inlet 2 EA $1,549.32 $3,098.64 2 $3,098.64 Connect to Existin¡¡; Box Culvert 1 LS $3,000.00 $3,000.00 1 $3,000.00 Rock Excavation 1043 LF $18.00 $18,774.00 1,043 $18,774.00 SUBTOTAL _ $102,102.43 $102,102.43 Estimated ToW Quantity CUtrent Amount DescriPtion Quantity Unit Unit Price Amount Constructed to Date to Date Valley Gutter Inlet (Top_Only) 12 EA $625.00 $7,500.00 12 $7,500.00 2' Valley Gutter 6,378 LF $5AO $34,441.20 6,378 $34,441.20 Type "A" Curb 793 LF $10.00 $7,930.00 793 $7,930.00 3/4" Asohaltic Concrete JType Sill) First Lift 8,956 Sy $2.15 $19,255AO 8,956 $19,255AO 3/4" Asphaltic Concrete (Type S-ill) Second Lift 8,956 Sy $2.15 $19,255AO 0 $0.00 8" Limerock Base (Compacted and Primed) 8,956 Sy $6.91 $61,885.96 8,956 $61,885.96 4" Limerock Base (COmoacted and Primed) 3,054 Sy $5.50 $16,797.00 3054 $16,797.00 12" Stabilized SUbgrade 11,252 Sy $IAO $15,752.80 11,252 $15,752.80 4" Concrete Sidewalk (Reinforced) 3,054 Sy $15.80 $48,253.20 0 $0.00 Saw Cut and Connect Sidewalk to Existing Sidewalk 1 LS $250.00 $250.00 0 $0.00 Handicao Ramo 14 EA $1,500.00 $21,000.00 14 $21,000.00 SiJ!:nini! and Strioing 1 LS $2,400.00 $2,400.00 0 $0.00 CO. # 2 Trenching of Conduit 4387 LF $3.00 $13,161.00 4,387 $13,161.00 CO. #2 Furnish and InstaJl4" Conduit 1527 LF $4.59 $7,008.93 1,527 $7,008.93 SUBTOTAL = $274,890.89 $204,732.29 Estimated ToW Quantity CUtrent Amount Description Quantity Unit Unit Price Amount Constructed to Date to Date C1earinJ:!: and GrubbinJ( 1.46 AC $4,200.00 $6132.00 1.46 $6 132.00 Off-site Fill for fuftastructure Improvements 24,267 Cy $8.78 $213,064.26 24,267.00 $213,064.26 (40% Compaction Factor) Benn Grading 0 LF $10.00 $0.00 0 $0.00 Swale Grading 0 LF $5.00 $0.00 0 $0.00 Sod (I' Back of Curb) 790 SY $1.50 $1,185.00 790 $1,185.00 Sod (Lake Bank) 4,700 Sy $1.50 $7,050.00 0 $0.00 Sod (Swales and Benns) 0 Sy $1.50 $0.00 0 $0.00 2' Silt Fence 7,800 LF $1.50 $11,700.00 4,777 $7,165.50 Floating Turbidity Barrier 500 LF $50.00 $25,000.00 300 $15,000.00 Utility Offsite Fill ifR,,-quired 3560 Cy $8.78 $31,256.80 2,715 $23,837.70 Rou1!hC,,-aciíng I LS $10,667.00 $10,667.00 1 $10,667.00 CO. #1 Li!;ht Clearin!; of ROW 26.3 AC $750.00 $19,725.00 26 $19,725.00 CO. #1 HYdro Ax Phase 2 Lots 7.16 AC $950.00 $6,802.00 7 $6,802.00 C.O. #1 Selective Cleann!; of Preserve 0 LS $3,000.00 $0.00 0 $0.00 SUBTOTAL = $3.12,582,06 $303,578.46 t' 6. tJ .f, ç ;í CURRENT TOTAL $1,181,877.14 $1,074,529.94 100-30-1 1-Pedonnance Security Worksheet revised 9-7-04.xIs "'"-"'~-,- 2 .' -...----...- o:¡ 0000 000 o OJ 0 Oo:¡ 00 OOOOOOr ~ o:¡ 0"1:1'00 co",O O~ ~ ON 00 aO"""'Oooam "1 N lONa""': ,....:..q:~ o~ N 0"": dd t.rJO""':OLriNQ d ;;: r- NNO,,¢ N~,., V ~ ON 0", mOC')ONOO (") "! CDCX)NO mN """1t1 N 0'>0 ll>,..... teOaJOf'-..CQON r- o:¡ ò"':~r-- uiN·Ñ OJ· 0 a:i co~~ "·ri O·uiMCÖcricD~im. u:; :::: ""'V'-N CONN ...-..- '" ,....,.... N,.... M r- N N M ~ ... &")b9-t.lJfa09-f:009tR-609-fAt:Rb'Ÿ4fl~b9tß ... t.9b9-f:009&9Wb9-&9b'i).&9ffl....bI'Jotl'tfflMUJ. ;;; "'-COCO 0"'0 0 00 f--f-- "'''' 00 OOlOT-MCO...... 1-- ""'U')NCC O:¡M~ "'''' . r- "'''' MO~ r.ci~ o:¡~'" "'Oo:¡ "'N V,., r-r- ~Mr- Nr- CO~N Nv", "'N V r- N ~ N ;:;: ~~ ...Je__ I!! 8 a¡ a¡ .~ ü: cJ5.§.§ ;;; =11. 11. ;B ch;hoðoð 0 'C"C _ 1% I!!! ~~~ ~ ~ 10 -,- a. '" c:: I' E} $ ~ § § ~.>2 ,:= 8 I- f!:! ~uu ~=U) J~: Ii ~ § U~§ ¥I¥ I A! a. I,IÆ ~ .....2-eUUCDaJ'CU)oE ......UI "':¡ ::iEiE",,,, '" ",U& 0.5 '5CD~£!£! g g£lQjoð a. g'oð CDiCD ~~Ig.", è¡; è¡;.g D:¡ ~ 0>;E= ~ ~~ ""a, ~ ~ .ê .ê ü5 5 U 'ë .ð. I:! -E ~ro? ~~~;-';-'¡..,,~ ~ iã:s ~ 5 II (rN~(T'rurii I~ ~I§I~ : ~ ~ § ~ ~ ~i:¡/ ~ N......ro')M"="'O)..-Q')O'JON '" VU")C")Otf.)(OQ)O)NOCD C\{ ,.."j I.l')- t£i m- C!J" - N ~- en- M" ~ a:) or- LO C'1 M ~ EA-&q.bq.I,oI7&9~Eftt:f9.fJ7b9&9 b't L()M......Wf'-.,.,....,.....'VW..-O &~"r - ~ L~~~~~~~.~j 00000000000 O"'I/)O:¡OOO"'NOO! OOOaJ"-OOCOQ100 lr)"(c" ·&.rir--:lriN...¡.uiod N"-MM"'::t(]),....mmON ~I.()O>Oll)t.Om(»NOm C'r) c.n- w- aj co- ......- N- "':t'- C1)- ('0')- ..¡ ......1.{) M CO) t:Rb9-609~'"""b4b'}~69fflb'J '" MI~I<Dr- N(TI<DCO CDLO......,.... I I~~§~:~~:~~~¡ N'-C"')('O")"'(f'Q)..-mmON '<;tU"lC10U1c.ommNom M-ariu:im-u:J~ -Ñ~ajc?-.:i T""'"t/') C"") M b'9oEflt.'rffl&')fa9ffltr't6Rtr9&9 aJlOl.OCCOOONNOO '<:TCOOI.O MOO"""'M OQ ·~McDlrillicDa:ia)orri NMVVC")Q')MvvO_ ID(Q 0) Nlr.J 0 - - ·~M- ..-t-VlC_Q ~ V '" b9fa9t:R&9-(fl>&'9f:ß.fa9b1tb9-ffl u.. u..lu.. u.. ex: ex: « « « CfJ u.. ....J ....J ....J ....J W W W W W ....J ....J 1.0 M .... tOfr--. .... ...... "I::t' to ..-- 0 NQ}CJ:)CO or- V tOll1..-..- 0> ~ ~ -1~Tr ¡I' f I I ; ¡II/I; I: ¡' i i I I I; I ¡; I ! f I i~I!!!IXII~11 W¡, I !IUJ/W = 0 _ 01"' CD, a:: a:: :: CJ '" - u <:..'r~ ¡Go/il. Go «/' <í ø 5 Ë ü Jj 2:.'-',U U U ..J ..J >-._ '" ~':~I~I~ d~i~ ~I~ ~/§ g O¡~'r N MI~IM > ~ CDUIa:: i II I I -- ~I~~~ §§§, ~'â~r ~ NNO...,. Nor-C') 0 ~_ C\I tea:>NO O'>Ny- ll) /"--1.() t-- o· ,.....- y-- ......- ui Ñ r,; Ñ ",- ci 0- ""'VT""'"N a;)NN N co N f:r9tß.b9&9t.1ttflt:.9-b'?6R-b9-&9-f:R&9b'? f:R ,......CCooaomooo~ooo T"""Il1Na:> aJM__ T""'" rom CO_IJ") l(}Oco 1.l)C'\I COT""'"N NVU1 tON ~ "" - 1-1--1- ~~~~~~~~~~!~J 0000 000 I/) ~ ~ '" co N r- N co- r- ~ 00000000000000) OVOOOaJI.OONOOOOT- triNo"":""':""':"¡'''¡'cDOOOO'''': NNO'V"'=1'N M.....OOOv..- CDCONOOmN a::)U'JO<D"""l() ó,.....·<r-·:,.....-,.....-(£)·ÑÑM O-M-(])-O- "'--V-NNCONNCQ M T"""...- b9""6Rf:r'J-&9tflf:fltfltr'ttr'tb9f:Rb9-~ ... OOOl{')U') 00000000} ovo.........CJ)U')VCIJoaooUJ uitriONNcciLri '..nociori-q: N .... -000 to l(')l,()tQ ~M- b9fa9t4EA-tR-tr't~tr't&9b9f:R.E:Rá't6R «u..u..>->->->->->-CfJ«Cf.)u..u.. W..J..JCf.)CfJCf.)CfJCf.)CfJ..JW-,-,-, ,.....coaooomcO'J..--O.....cc T""'"U'JNCOCOCOM.....M N CClO1 COT-I.()l{"Jt[)ocoo tON C:O'--~~~VL()V CDN W CD 1« I~ '0 1-, <í I- o I- ø z I> I~ ~ o I- ._~-,~--~.__.. â: . ~ â ~ ' ~ ~ ~ ~ â ~ ~I~r¡' : OU'J OtOcc ,,"O')OMONOOO O)t() LnNtC C1tCOCOO,,"cooO'J r:o~ ~. N f.!)~ ~ u:i å u-i M- CD· aj cD M· tti roO') ro roN ro M ~:.~~~~~~~.~.~~~ lnCCOOOOOOOOIO<r--MCC,-- ~¡g ~æ;: ~~g;: :::1;= r<) ro,...,.... ~"" N M ... - o o o o '" N N - -,--.- - -. ; 000 ~ j'" ~~.::~.:.~~.~~.~ ! ~ ~ ~I--. '" ~ o ,... '" "" 00 ON r- èñ 00000000 '" to V II> f-f- 000 OO~ I/)",~ o o I/) co ~ """ '" M "" 00 00 ON 0", "'''' ctJ· O'j ,., OOOOOOOOOOOO¡O co 0000000000000 v ciotridoOOOOr.riNO-ci cO OU"')CCIl')('I')lt)OOONOOc.o m I,()NUJO~ll)OIJ)O"""QJOM ~ N~fD"~Ottir--:o·McDQ')·CD-M"¡ """ M V 0:> I/) "! ~ E!9f=ß.(ß'fl&ltb9-f::R.tr.J.'flf:ß.....,.."I,'J tIJ -I- - II> ... 00:> Or- oed o <'oJ. v OOOOOOOQJOOOO OOU':lt/')tOLl)O,....OOOQ oLri,... , . 'OcDoood """" Ll) OU'Jll)O ~,....O>~ <D M ~ tflt,q. tR-fflL'ttR-t.96R&'7f:R.&It&'7tR-fß U>- u..u..>->->-u..u..>-CfJUUUJ «U -'-'CfJCf.)Cf.)-'-,U-,««-, l/)O OOOOOCOO""MCQ,... -cia tOll) ONOOO céT"" ;g NN,...rD:ß~CD~ N"": M ~ o V ìi) ë Q I ~ I 2 a. I~ I "C :3 ~ u aï '5 ~ È '- - 'û) 'E:? /0 0 ~ <{ u ¡:ßltHJ ~ I§ I~ 9: I~;; ~ ~ ¡g g -g ~ g ~''ë 13 CD gj ~ ~ .4J! 'f¡¡ 1: Q.1Q. I- U ~ ~~ ~00~~~æ~ð(;~~~ I I-"--E "'~-'Cf.) "'1,= 00 I . '- .- E - - - - = =I.::!!:' OJ -= "" ~ a:: ro ~ 0 '- co"'t:l"C'C'- t'tI::::' :J-"C'C ex: ~ it: U '" ;1'0 0 0 Cf.) 12 := 0 ,9' >. >. I I W:U 0 CJ uj/CfJUJ CfJ N u.. :::> a:: .J :r :r III fig gig II -,,'!',--- 16A4 r- ~ ~ èñ iñ '" ": ~ 16A4 r-VVOOONCCCOOOOOO (00;)0'10 a:)c>r-OOONOll1 ~ 'mMM~~o)~crioNOO ON ""'(XJT"""Q"NOOOoq-W,..... ""'I'-MOtCl(]Mr--. CDOOll1D mr..:CJ;J-r:rjÑLÖLIiN-m nhoj r.6 ,.... MN MM t- 000 000 criwcri ....0.... 0"",,,, .q-·~Ñ I'- I ~ ~ ~ ;:;I~ ~ ~ ~ ~ ~ ~ ~ ~ ~II~I~ q ~ ~~NtC~"""VMMNN~V~~tCvO m~~CC ON~tDO~r--.~~~r-MO ON~cx)~MON~N~r-~O>NNVCO Ñ~ÒÑmMÒ aNN ~~~ri~Ñ M T"" N ,.... T""" OOvtCOOOOO OONL()OaOoa dcri",,:w...roajoo r-oC>t.O(!)CX)oot/) It)r-cnvNOMNM o· ..:f ,.....- CD- Ll"J- ai C":Î cD ,..: N ""' N f- Z ::J o :E <t -' <t f- a f- o '" '" .... CJ1 ri '" ~ I~I Igl IN ¡~ I~ I~ I -- 'J. I, ~. to ~ I'- eo. .... .... <'"J ~~~~~~~~~~~~~~~~~~ M~MOMvNcx)NT""""'OT"""""ONT"""r- vNNO>T"""vT"" 0> v v ~ ll1NN r- 0 a T""" NT""" V ~ ~ &9-tflViVi&oCr&l7f:ß-Et9-Et9- ... ~~~~~~W~~~ViEt9-~~Vi~~~~ I'- Z 0 '" <t ~ ::J ... 0 §: -' <t lU f- > 0 ü: f- V--NVI'-NvN-r- M"-NCX) ....... 0'" .... O"d'T""~O>OT""",.....r-~MNT"""N,....T"""~T"""N M,....cn"-Nr-v-r-..-CO 'I:1",....r-,....,..... a:JT""" ö .. z§i! f-w Uf- LU<t -':E 0>= g:1ff¡ -- f- :E <:: c:: c:: ::J U , , ~~~~Vi~~~~Vi~~~~~~~~ ~ b9tfltßf::ßb'9-~tRtflfrt 000000000 ... Vifrt~tß~~~tß~~~~~ViVi~~tß~ 00000000000000 z < ::J o c:: II: ::J U -- -1'--1- 000 000000000000000000 1---1 OOOT""OVVr-~Moaoooooo ~ oo~r-v""'r-~o""'oao~oaoo N ID~NID~~~~MNN~V~~ID~O d m~-W-ON~WO~~~~~~MO 0 ONwroWMON_N~~_mNN~~ N Ñ(J::jo"N~01-Mc:i O·ÑÑ - ·M<r>-Ñ Ñ M_N~,- N I- OO~WOOOOO OONl.OOOOOO oa:i"":cD~oa::ioci tñ ~ ~¡~ æ ~ g ~ ~ ci ~ "':IW- 1('; a::; M CD· ~ N I.t)I N ~ t:r9 b91t:r9- ER &ft tA- fA ER ;; :;: gji~ ,.... N ~ N .- 01'" v' r-VVOOONWcnooOOO c.cromOy-CD01"""'OOONOU1 . 'oiMM~,....:ai~cDONOO aN-r-CO,-~NOOOVCD~ f'.f'-MOtDU')C"')~_tOOOIJ")O oi,,·cticÖÑco·I[)-Ñai ricå a:i ,- MN C"')M ,.... 000 000 ecitDcD vo.... 0""'" "¡~Ñ I'- ° '" '" .... CJ1 ri '" ~ "'f- :::>z Q:::> >0 lU:E [< "'! I'- '" ..¡ .... '" I I 1- >- -;1-;: ::Jf- 0>= >~ W::J [0 t --1-- ~I ~I N ~! ~~~~~~~~~~~~~~~~~~ ... "" ~~~~~~~~~~~~~~~~~~~ (",)CDMOMVNIXJN,-_O..-~ vNNCÐ.-"I:t_ 0)...,. CD ll1NN ~ 0 ..... N..- V N ~I'- V o .... v"-~mO""'~r-I[)MN~N_<r>M_N M-cn......Nr-v.-_CD .q-,.....-~ IXJ,- f'-VVOOONID~OOOOO~OOO IDQjcnO-Qjcn~OOONOll1"""OOO . 'ai~~~~~~u:id~6d~a::i~~ ON......,....CO......VNOOO...,.tDf'-~vO~ f'-~MOWl.{)M"-WOOl[)oaOI.t)CX] m~wroÑw~Ñm M~ w~~~Ñ ,- MN MM r- r- '" Ll) ci '" CJ1 ei v '" ... OOvtOOOOOO OON1l10aOOo da::i,....:u:i~oa;joo r-OO'1CDtCCOOOlt) LO.......O>"'I:t"NO("')C')o o--q:~-(¡j~rOM·a>~ N ""' N f- U-' ;?< f-f- zO of- U o CX) '" ... I'- ei <'"J OOO-OVVr-I[)MOOOOOOOO aoco~v r-vo......ooo~oooo W~NWa:i"'-~~MNN~~~~u:i~o m..........tC.-ONll1Woror-I.t)"'-Vr-MO ONCDaJCDMON......N ~~cnNNva:t Ñ~åÑmriå OÑN ~~M~Ñ M ..... N ..... ,... ~~~~~~~~~~~~~w~~~~ fzß~iR~tr9tß.tßtß.~ ~ ~~~~~~~~~~~~~~~~~~-J~- OO~~N~N "'- 00000000 oa~ONMvœ~~oooaJOOOO ~~ ·~~œ~~NM~~~~~N~d ~IDNN~ ~ ,...m"~"'-vmMa m~ q~l.{)~~q~~ ~~~~~~~~~~~~tß~~~~~ ë- mro~oooØNvOOrooo~ooO tC~~~~~tCN~OO~O~NOOO o~~vøu:i~~owooo~~~woo ,...r-~~.....N~m~OO~CD NO~ NN C101.t)tØQ l() al() Ñ"'I:t"·v- ri N~ I'- ~~~~~~~~~~~~~~~~~~ OONvQOOOO OOVCDoaooo aricr:iV~NO~OO ON~r"U")VNOLO lDv ~Ma:t"""M N ri~ W u æ Q. tðtß.~iß.tß~f;I9vctvct W I ~ ~~~ TI!I 1""1 ro" .' .' 0 c: Q) U) = -' - - £¡!£ ~ U ro c: i- Ô UJ ã;ðSÒ3è3w _~ ID*::E ~ruo (f) ;:C:c:;:;:;::--, "'''-OJxC:C:2L1. 1<:: I I Q) m ra aJ QJ W "? or "'7 :§ Eo. ~ 0 .2 .Q CO OJ I:t: I U) - Q) (/) (/) U) 0 to ëo:::J 0 ~ ë3 13 CI) c: 1'0.. æ,2:'UÕ 2:'2:' ~-O°lJ..-OJQ)o>:;::C: (J) W: CU ~ aJ ctI ro Ct1 .~ .9!.~ QJ ~ CO : U) ¿;.. 5 .~ g 1011 0 ~ c:/:J c: c: c: c:. . . .c:'- a:: _ - - _ > i~ lit I'~'~ 8 èi5 ~ ~ ~ :; :; :; ~ š 0 ~ a ã öj ~ ~ '[' I:E æ ~ U U U ü U/u õ õ Õ :2 aU) U ~;>:¡1!:ê .9 g LU U len > > > > > > .c: .c: .c: Co > _ > > c: c:.>< -ri I i~1 i~l~ ~I ~¡~ ~,UiHI ð ~ ~ ~ H Æ H 1 I I -r , I i I I i I ¡ôl ¡¡::I i(§1 joc ¡ ¡ft;/ Id! /51 If-¡ ¡ ! lJ..<~lJ..lJ..lJ..<::<::~<::U)lJ..~L1.lJ..~(f)lJ.. ~ww~~~wwww~~w~~w~~ «L1.L1.lJ..lJ..lJ..L1.lJ..lJ..<::~~~~~(f)U)1 LULU-'-'-'-'~-'-'~LU~WLULU~~_ .... ""' '" 0 I'- I'- Ll) ""N ~INI~ <'"J N t""),....m Nf'o-"\1" CD '¢" ~.....r-- co t1it1i~~t1it1it1it1it1i ~""N"I:t"""NVMM M......NCO ..- 0'" .... MCOMOMvNCDN,.........a~"'-~N.....~ ~NN~......v,... m ~v v co ~NN "'- 00 a ,.... N..... VV '¢" g'g ·00 1;; c Ct1 Ct1 'm U ü :2 Ou ë >...... ».5£ 'õ:;sE 0..0...... o..E" ~;,.~~ Q)Q¡Š: ~~~* ~~~ .!,!ôš:š: ~;:o.. 2: '¡: "'.... x - g ¡" ~ð)~~B .~~.~ ~ã;003 üÆÆ ~ õí g g ~ _I~I ~ tlJ >~~~ëõC:-~o .E1<1>UU>~i3o:: Iffi¡¡gl.~ ~ ~ ~ ¥¡~' ~ ~ ~:o en a.. a.. ø Q) ê.§Ic: ¡~ ;.... ;.. ëo '" ëc IT:lcEl¡" 8 II II I Ig OJ iñ .5: "' U) c: c:: ~g I~I~ 5: 5: .5 .s .s .s 0: c: c: c: ~,~ ::t :,. III III .. .. - - .- ,- lulu ;:~~~~:21~~~~ 1>:>1 Ô <1> a a a 5 0: ceo: I I~I~ I - u == ;: ::::; :;::J 0 0 0 0 Nib 2: '¡: .. .. .. ..:::::;:::::::::: x :::: ~ ~ I QJ Q)·g'·~·g·gl~~·~~.]lð ð 9:g~I01JQ) enjU) ~ ~ ~ ~ '-/'- .- '-I~ .c .c ;= , , c:1 c: 5 c: ;;; :; ;;; :; 1: 1: .!: ~ ~ ~ .9 =: ~;~ ~ .;::: 0 ..... or- ,... ,.... co 'Ct co "Ct' ~ (1) Q) CD .9 .21';;:/>< ºI.g.~~ ~ ~ ~I;¡I;¡;¡ ;¡I~I-æ ~ .:~~I~I;; I;; .!:: I::/ü ü ü U 0 0 0 0 Q¡ > > E oJ 0.,-1- .... ..!!! - > > > > U U UIU rolE E OJ E Egg I, ~¡.cog en,~i~ ~ ~ ~i~ ~ ~¡I~ ~I~ ~I~I~¡~IU~ U~ I ¡I ! -j 51~ or- ~ ?k (XJ (0 to "':ãJ to rCDrCOI ¡ , I I I II III 11111 : I! ! c: o a:: LU f- < š: LU f- (f) « š: -' « f- o f- a:: LU f- ~ š: -' ~ f- o f- ...._~_.._"'--- '~ .g] ! ~ ~ ü : z .! ~~ ::,:::::f,'~ ! ¿~ i ~.. I ~ ¡ W "g ,< g"" I:; ¡" .EO ,Q u::: !e:: 1,z< ¡ 0 -'" ~ 0 ~ E .,' ¡... ~ 1: «I I<. .::..., 7.Ri fI () 0.9 e", -<; ¡",.!..j; '.- ~ § ! Q È: ~ < ~ ¡ ¡... .~ 1(, .~ UJ E 2: ' ~ 0 0 Z I- ¡ ~ o I,"! ~ ~ ~a :E '0 ~~ «'VJ U,3 ~"~a~~<~~~«II-~~~ t~w~-~~~~ f-O f- J~ VJ~I-VJ ~I<.~~ .~~ 10~ U Z U ¡¡ "" ¡..."E 2!i ~ ¡:: Q'" "'§ ~ '1",,"- Wf- < ~~ uo Q ~~I-X ¿ 1\ ~u ~ ..u <~0«l «I«IZ~ Uo~ :r:!:!:! f- "'¡;¡ ~ ~I-I- "¡U«I'-" 0 \ Uo Zo aC ¡.....:E«I QVJ:E~ ,- ~ ~~ ~o Z~~~ «I~~~ e < '" U .g'g 0 C; VJ ~ .. '-1_ ~ 0 < 0 0 ..~ U~I-~~ ~ >"'¡"', ..~_~ :;'g ~ ~ U 8 < Š ¡,¡ ¡... «I :g -g D '-0 Zc< Z g«l~zu 0.. = cu _..~..¡..., u~...«IZ~"", ~ ~~ ~~~~~ ~~~~j ~~ ~ ,~g 2.00¡,¡~~~0¡,¡~< oE 'i ']: c 0 Z U ¡... ~ f- ¡... ...¡ U C1 !¡.2 I g I_~f--~-t- ,_~8 "':NM~ui ~~~o\ ~~ I ~ '" i' I I~I~ 17/< I~ tA 1" I~ ::è- W > _I_G: ...... .. ,. 0 ~ UJ ~~f-~~ 6 ~'~~ ~ ¡::g zU f"'J <- r::::: ~ ~s¿~ WE- 1-0;;: '" ~ Z... f-~ 089. z w;- UJ VJ < ::!E <, ::J :r: on U U N ° ~ J~ ~ - ,~I---. Ö f- a ° ë2 UJ '" --- ~ - --1- o Z ë2 UJ - UJ - -1- ~I__I- ~ ~ ; ~~~ ~ UJt:~ .I;; o..lj '" a.. 0, ¡i In 0::: ~ .~ ~ ~ 'ª :2 ;;::~z - -~ ¡:.; U UJ 10 I~ 10.. c¿ UJ L1J Z G Z UJ I I --r~'-- ¡... Z «I I- 2 Z ~ ¡,¡ 00( :E I~ I I S Ig Zð¡1 I Ji~ i ¡I§ UJ ~ ~ ~ ::: It Z N U ..: t:¡ /011:: 0 .. 0..,. ::¡ :f c ~ u ~1151= ~Ut~ :..~:;~ "0 I::: >u..,. O~LU'" ...;:¡~~ u I~ Ë51,-gI~ t;1~ r: ð '. ~I~ ~~ ~I ~ - gL:.. <1-",_ c::: ~UJe:'<>0<:j i Z ~",.r ~"'~~ 0 OCl"'~::!E..: :~ u N ~, ;r- ~ I.lJ 0 Lt. !- ¿ ~ ~ In CJ If- ~~I¡;.¡ 16-'-J¡i t; UO.gõ:.§;; -Jé - ~U üJ¡I::¡vJr- <I- ;? W 0 s 13 a I' 1:¡ i 1;;1 I ,I I-I Ii 0 ~::J r: ~ ~ ~, § 1;] It öl~ 11~~õ~ 6 o$~'~'~§ '00( IH 8, . L:.. ::!E1:5 Z u u Ü Ü 0< Z -----~" u -5 - f- U ~ ~ ::!E ~ 0 =:;: 15 ~ E ~hl:t- ~ -- 5 0:::; to) ..:: 0 0 "~ "5! fi ü~8:2~ µ,~ u ~ ¡¡ow ~I~ ü ~ ~f-_I~ E E ~, !' ~ ¡¡: ~__ g<~~.~~ ~ ~~ c~u~u~u ~.~g~~~ ~ .~~~~~~~ ~~Uo~~ Z 6<]~g~¡:: ~~~~co Uo~....... ~~~~~f-~ 0"c oS '"" !! C I r. .... ... ... .... _ ....... ~u5¿E·~ ~1~þ~¡"'oJ~~!ZU ~~'~~Ig·~ ~ ~~'ª~;cgo ~8uü~~ ~ ~a~~~o¿~ :~ug;~ VJ ~ ~~~~~~~z =s~§~~ ~ ~ <~eu~~u ~~suas ~ 0 ~5~~~~~Q ";:I !:! tf !!.~ üi ü3 ~ ~ > 0 S·~ 0 ~ ~-~~ - æ ~g]E~..~ëU ~'::c:I:-~"íj U - r.¡- uu- ~ IE - ~ ,..Qu~~cIS-' 5~]~~~ ~ <__u~~I~~ ~~~~'2~a ~ ~£I~~a]a~ "2 .9 ã ê c ~:: c¿' I :: 15'¡;¡ : ~ t! .9 * O~coH~~ 0 ~U'E~~~~~ R~OU~o..~ f- ~".-~.=_~ ~§¡5~SU u ~~gþ.~.~~o ¡¡U-e"¡¡"'E < U5u~"¡j~íj,.. -~ ~-n~ ~ ~·_~~~~~z U !!I¿ ~ ~ .:: "'" I- '- ~ '" 0 "" ;> ._ w ;> Ëi,I c ~ § ï: c Z I \. r- u "0 " c ~ ~ ¿ ~'~'~!ou~ O!\ ~~~~:~§~ . ~ ¡; .~ ~ S U ::;~ \_ I-.g.;:; .9.2,- g U~ -ª § ] 1 ~ ~ g ~ I I\:t 8 ¡¡,g ~'~ 15 g ~~~~;.~~ ~I ~~~~~~~< z ¡::: 12.g -5 0.-5 Ic51 <,..: 0= t: .51 c--;S < CCI 0 cor--- CCI\Q'OI:I'\D r-1Ñ~"": -QOO\_ "":::/"N\OO\ .....ör-:.,.¡ "I:I"'OI:I'CIOO\ 'q, ~~ .... - t"'-oQ\Q~CIO -lI"IM_~ "":c::ir--:roi..n O\N'-ClI'If"-o tI'!., r:.. C...N... f'"'}. C\\OC"If'_ '":f'~MO~ - "1. N..._ M C>o '" ~ .". - ""~.."" ... ~~""''''''-''J - --- 1- ~ ---'00-'0- 0'00 o ~ ¡:: DO u "! :::> '" o .... w a I~ I~ I .... 000 on _ ~,...¡ "'.". v·j ..: 1" N 000 '" N DO N ..; ..,. .... .... ... II II~ ...... 00 00 ~~ "'on ~~ .... VI N II l~§~ ~ ¡; ~~ ~~ ~¡ t~~i ~~~ - ~ IJ ~f ~ )1;" "Ÿ,ó; ~ \.:" ~r~;': 15 ~~;,..: K\~" f-'-- 16A~ ~ J Ii ~ ~ . stîã ~ == I,~rf;i~ I..~ ~ ~ ..: -", .... ~:) ~ ~ u.!o!--- -"'" I~~l~ I.... .~ :; ~~~æ~ ¡:: ~~I-'- ,.......¡-...J, f¡J ~ i u ~ ; f- >- ¡ ....1- ~ Z '" : ::>~ ¡ "",,,-@ ~ . ""\< t,.I_ ¡ '",,~ ~ g :--- f f: 6/- '-j I-i- ji ~ c; :'" ~~~ .. Q I ~ .... QJ iJ "'1\ 'jj'g""'§ .¡¡ ii:~ - ~ Jj~f=~ 8S.9 c f;f ~.. .~ ~ ~ .~ U /" -; c S '~~ 1-... ~ ~ u ;z:r- 1:: V) '- o :::> I~ u - 0 U Ol-J'- U.5 b >. :;. >.:.2~~ ::!E 00( OOf--O -- ..,- 00 C>o - u :.: :;;: z g- 5 UJ .., DO '" - ~ <- ¿ . INVOICE NO. DESCRIPTION INVOICE AMOUNT 6491 STOCK DEVELOPMENT, LLC DATE BALANCE 9-20-04 *9-20-04 TheMajorsPhaseTwoPl 225534.91 .00 225534.91 CHECK DATE 9-20-04 6491 TOTALS 225534.91 .00 225534.91 '._. __. _ ,__n. ..__ _.,.,.... c. ._.. .__..m._ _." _. .,.__... ... _.,.._.___.,,_~__~.._..___.,._.' -_ _.. ---. -- ...",,_....' ,~-_...,,~-. .. .'. ~.___~_~.. '._" '.'_"n .."_.~,,. '."' nH _, .._. '0' -""'_ ...AMSc:J.mt. BANK THE RELATIONSHIP PEOPLE 6491 STOCK DEVELOPMENT, LLC 4501 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 :~ay: *******Two hundred twenty-five thousand five hundred thirty-four dollars ************************************************************and 91 cents 63-466/631 DATE CHECK NO. AMOUNT .... ó September 20, 2004 PAY TO THE ORDER OF Collier County Board of Corom ...... .-.... -.-.,..............-'...." III 0 0 b L. 9 1111 I: 0 b :1 1 0 L. b b a I: L. b L. 0 2 7 a L. a L. III ... £.X"',~ 1T A 16A6 MEMORANDUM Date: January 28, 2004 To: Thomas E. Kuck, PE Engineering Services Director From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-177 Revision of a portion of the Fee Schedule of Development, Relating to Well Drilling and Abandonment, Superseding Resolution No. 2003-340 Enclosed please find one (l) copy of the Resolution as referenced above, (Agenda Item #16A6), as approved by the Board of County Commissioners on January 27, 2004. If you should have any questions, please call me at 732-2646, ext 7240. Thank you. Enclosures (l) 16A6 "'~ ...,. MEMORANDUM Date: January 29, 2004 To: Patrick G. White Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-17, Revision of a portion of the Fee Schedule of Development, Relating to Well Drilling and Abandonment, Superseding Resolution No. 2003-340 Enclosed please find one (1) copy of the Resolution as referenced above, (Agenda Item #16A6), as approved by the Board of County Commissioners on January 27, 2004. If you should have any questions, please call me at 732-2646, ext 7240. Thank you. Enclosures (1) 16A6 RESOLUTION NO. 2004-~ A RESOLUTION OF THE BOARD OF COUNTRY COMMISSIONERS OF COLLIER COUNTY REVISING A PORTION OF THE FEE SCHEDULE OF DEVELOPMENT RELATED TO WELL DRILLING AND ABANDONMENT SUPERSEDING RESOLUTION NO. 2003-340, AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 2004. WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and WHEREAS, the Board of County Commissioners approved Resolution No. 2003-340, establishing a revised fee schedule of development related review and processing fees on October 14,2003; and WHEREAS, many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, the new or revised fees fully comply with all relevant Florida Statutes relating to Public Records. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the revised fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. BE IT FURTHER RESOLVED that this Resolution relating to fees in the Land Development Code be recorded in the minutes of this Board, and that Resolution numbered Page 1 of2 16A6 2003-340, is hereby superseded by the adoption of this Resolution which will become effective February 1,2004. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK , . ""''''\''~''\ '. , -;..~......" , \, \', .. "..,~ "",,"". M,¡r¡ II " .. '..';'- ,"". \vv' ':--\..,!,-!~I-h t·, _- ,"'¿\'., - . . . '. -<£{;:þ I., ,~- ....\... ,. -'. "'..... JJt¡t', , ... ~ . .' . _,0 I, :,' ~ ~~',~ ,-"."... ...,-\.- 'I ..' . (f } -~.: .' '\ . , ,- ", . . '- hoC Uß~'>' " ." ~J, '~ -J~: ; - ': :' 'b~ êl~r'k: .. ~ """'Ii.. . _' ~ '.. ':~~ _,t4tt.... .'I~"rS ,$ 1M.-...... .OiI1)-;:, ,': '. 1J'?¡., ~. ,. I . e r .' t~~ Ul/::'rfr~\:~)~' Approved as tô, Þórm and Legal Sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DL. r¿~ cl~ DO A FIALA, CHAIRMAN \¡~~~i .~i1J~ Patrick G. Whi e Assistant County Attorney Page 2 of2 J 1ry~y:t± : I ú> A lo ~ [;:aft.: \-a,l-200l Da.:\·~- últ'L 'd: 1.- d5s - ððD 'f ~ ~,\J.L }6A" .6 REVISIONS TO FEE SCHEDULE EFFECTIVE FEBRUARY 1,2004 J) WELL PERMITS/INSPECTIONS Underlined text reflects newly added text, strike thraugh relfects deleted text I) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including -1st six holes) $300.00, each additional hole $20.00 3) Well penn it (abandonment) $50.00 4) Well penn it (construction or repair or combined construction and abandonment on one site) $300.00 5) Well penn it (monitoring) $150.00 6) Well Pennit (modification of monitor/test weB to a production well) $75.00 7) Well Reinspections a. First Reinspection b. Second Reinspection c. Third Reinspection $75.00 $ I 00.00 $ I 50.00 8) After the fact well permits 4x nonnal tèe per violation. NOTE: Multiple wells may be allowed on one pennit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. ~AGëf")ffç JAN 2 7 200~ pg. J I , 16A6 c (~: e r c {) It n t )' {) -- - COLLIER COUNTY COMMUNITY ENVIRONMENTAL SERVICES DEVELOPMENT AND FEE SCHEDULE BCC Revised & effective- February 1, 2004 Contents: A) ADMINISTRATION ....,..... ....... ......' ........., ......... ....... ......' ,......... ...... ... ....... .......,.... '..... ......... ......... .... ......... .... "'" '......... ...... ........ ...... ... ......... .... ...... 2 ß) BLASTING PERMITS & INSPECTION .....,......................................n....n....n.........................·.'..n...............,.....,.....................n...n.....'........... 2 C) ENVIRONMENT ALlLANDSCAPING .... n........ .............., ........,..... ....... .,...... .......... ............ ............ .......,. ..... "."",." ....... ,.. .............. .................... 2 D) EXCAVATION PERtvOTS....n.n............'.......n.................,...................,..................... .................,.. .................,...........,.,.........................................3 E) FIRE CODE REVIEW ..FEES............,..........,......................,.......,...................,..... ,. n......................................................'n............,......... 3 F) SITE DEVELOPMENT PLANS........ n....·....... ................................... ..........., ..n... n. n·.....n.... ..n...... n. .n....n....... ........... ............. ...... ......n......, n.... 4 G) SUBDlVIS ION, ....... ................, ..... ..... .......... .,........... ................,... ......,...,........ .... ....,.,.., n. n n.. n.,. . '.n ........,., '''..nn,.. n......... n' n. n. .... ............. 5 H) Engineering InspectIOn Fees '.n....·......n ., ..... ..,...,. ,............... .'..n.'.........n........·.....'....n......n........................,........, n'..n......',. ..,.........,..,...,............ 6 I) TEMPORARY USE PERMITS.. ...........,....... ,.. ,............... n........ ,......,... ..... ...... ....... .....,....... ......n.... ............,..,......., ..,................... .................. ..... 6 J) WELL PERMITS/INSPECTIONS ".n.... n' ...... ............ '''''''''' ........,.. ......... ....... ,................... ........ ......... ...n.....'................. .....n.... ...... ....,..,...... ..... 6 K) ZONING/LAND USE PETITIONS. ...... n..·...... .................,.... ......,......,..... .,..,..,. ..n...... ,..... .......n. n.... '''''''' "","n ...........,.................... ............ ...... 7 L) MISCELLANEOUS... ......... .........' n·,· n...' . n..",,,,,, n. n.n... ..n.........·.... .......... .n'.... ....n......,...... ....... .............. ...n.....'................, .. ...... .... ............ n ..... 8 M) BUILDING PERMIT APPLICATION FEE ........n..........n...........................,........,.......................................n...........,........................................... 9 N) BUILDING PERMIT FEES ..... .................. ............. n' ..... .n..............n......... ............ ........, ...... .............. ,.....,.. ...... ............ ..... ............ ........ ....... ........ 10 0) ELECTRICAL PERMIT FEES ...... n.... ....... ................ ..n""""" ...... ......... ......... ...... .........,.... ..... ..... .......... ...... ........... .......... ......... ............ ........ 10 P) PLUMBING PER1\1IT FEES................. ........ ................ ,..... ............ .... .............. ................, ....... ......... .......n.... ........ ........ ............,.. ..... '"'' ........... n.. 11 Q) MECHANICAL PERMIT FEES ....n.............n..............,................,...............n.............n.....................n......n..........n.........n..................n............ 11 R) FIRE PREVENTION AND CONTROL PERl'vIlT FEES.......,...........,.............,..............n........'....n.................n......'....................n.....n......'..n... 12 S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ........n..n......n.....................nn................n............................. 12 T) CHICKEES AND SIMILAR STRUCTURES, ......... ..... .......'..'...n............., ..'..n...·'..'........n...................................n.' ,.........'...n'.. .,.,............... 12 U) POOL OR SPA PERMIT FEES...........n.n..... n...................,........... ,.......,......' ·...n..............'n' ...n.....n...n..n..nn.n................... ......n..................... 12 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES......n......n.................nn.................................n....n.......................n.......n............... 12 W) SIGN PERMIT FEES ...... ................. n....... ..... .......... ....n.............. ......, ....."......... .....,., ....................... ........n...... ................ '........... 'n..,"" ........... 13 X) CONVENIENCE PERMIT FEES....... "..n n." "....n'" n' ...... ........... ............,. ..... '''n.. .'..n............ ...... n.. ...... n......... .......................... .... ......... ....... n,. 13 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ...·......................n..n......................n..........n.nn.........n...n 13 Z) PERMIT EXTENSION ..............., ........ n ........... ....... .n...n.....,'.... ,..... ...... ........,....... ....... ....n..... n n.. ................. .....n.. .............. "n.. n. ............. nn. 13 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES....................n.......................................n.,........................n................... 13 . BB) PRE-MOVING INSPECTION FEES n....... ......... .............. .n..... ....... ........... n.. .........' ....... ..... .....n........... n..... ....n.... ...............n..'.... .......... .... .n. 13 CC) INSPECTION FEES. ...nn... .... nn n..,," ...... n .n.......... .......... ..... '....·....·n ............. ... ..........,............. ..... ......... ........,....... ....... ............. .... .................. 14 DO) REINSPECTION FEES,.... .... ............' ..... ..... ............. ................. .... ............... ....... .... ......... ........... ............... ............. .................. ...... ......... ........ 14 EE) FAILURE TO OBTAIN A PERMIT .....,........................,.............................,................,..................................................,......,...................,......... 14 FF) LICENSING, ....,'... ........ '..... ........... ..... ...... ............... ............. ........ ...... ...... ........... h... ......... .............. .......................... ........... .......... ...............'.. 14 GG) DUPLICATE PERMIT CARDS.....,.........., .................. .................. .............. ...... ........... ................. ........... ......... .......'... .......... .......... .................. 14 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ................................................................ ........,....,....,....... ,............................... 14 II) PERMIT FEE REFUNDS.....,............ ..................,....,...................,..........................................................,......'................'.. ..,.............,................. 14 JJ)-RECORD RETRlEV AL ,...., ............ ...... ,...............................h.....,....... ........h'..............,... ,.,........... ......... , ................ .'.'h......... ................... 15 KK) COPY FEES .....,.......... . .. ........,................................'h'....................... ,............,......,.......... ,.... ....... ..........".....'......h.h...... ., ..., ...,................... 15 LL) RESEARCH..... .......... ....... .... ....... ........... h', ..... ,.......... .h...... ................. ............ .................. ......... .......... .......h.........' ..... ....... .....'.., ..........."...... ] 5 MM) SUBSCRIPTION SERVICE.,... h ,..... ......... ......,....... ....... .............. .........................,..... .................., ......... ........ ............ ................. ..... .......... ....,... 15 NN) ELECTRONlC DATA CONVERSION SURCHARGE..,...................................................................,................,.,.............................................15 00) REGISTRATION OF RENTAL DWELLINGS ..................,..................,............... ....."...,......................................, ..,............,........ .................. 15 PP) FEE WAIVER PROCEDURES. ..................................................,............. ....h...........,........................................... ..........h,..., .............. 15 QQ) ADDmONAL FEE REFUND PROVISIONS......,..".,...................,..... ,..,......,.......... ...........................................,.........."...............................]6 No. fÚ A- to JAil.] CDES Financial Administration, rev 2/1/04 ---------.. ----~- p~gel (p .---.---"---- I ltr-A 6 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED W1THOUT AN ACTION BY THE BOARD OF COUNTY COivIMISSIONERS. ANY QUESTIONS CONCERi"J'ING TIIE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERNIINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. A) ADMINISTRA TION ¡) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Codè (Administrative Code). Based on staff hours: Less than 20 hours $1.500.00,20 to 40 hours $3.000.00, more than 40 hours $5,000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during an application review process. $250.00 3) Determination of Vested Rights. $100,00 (plus the County's out-of.·pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3.000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Co1lier County Administrative Code or the LDC). $500.00 (non-refundable) B) BLASTING PERMITS & INSPECTION I) 30 day permit fee, non-refundabJe payable upon application. $250.00 2) 90 day penn it fee, non-refundable payable upon application. ~600.00 3) Yearly pennit fee, non-refundable payable upon application. $1.500.00 4) Renewal permit fee, non-refundable payable upon application. $200.00 5) After-the-fact fee, due to blasting without a penn it. $10,000.00 6) Fine fee, per detonated shot with after-the-fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number ofbiasts. C) ENVIRONMENT AL/LANDSCAPING I) Site Clearing Pennit, tirst acre or ftaction of an acre. $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximwn) 2) Environmental Impact Statement (EIS) $1600.00 3) Landscape Re-inspection 1 ,[ $50.00, 2nd $75.00, every inspection afterward $100.00 r\jD.~.A- tp Ji~f.~·~ ~ CDES Financial Administration, rev 2/1/04 pg, 'J 4) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be waived for public and non-profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 5) Reserved 6) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum) 7) Coastal Construction Setback Line (CCSL): . a. Permit- Dune Walkover. $150.00 b. Permit- Dune Restoration. $200.00 c. Variance- Petition. $1000.00 8) Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 9) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum) 10) After-the-fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x .normal fee D) EXCAVATION PERMITS 1) Annual Renewal. $300.00 2) Application (Private). $400.00 3) Application (Commercial). $2,000.00 4) Application (Development). $400.00 5) Monthly inspection fee (commercial, development & private) $200.00 per month 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Fee: $200.00 first 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000.00 8) Time Extension. $150,00 plus $100.00 per month inspection tee 9) After-the-l'act Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES l) Fire Code Review fees associated with each of the following processes: a. SDP- Site Development Plan b. SDPA - Site Development Plan, Amendment c. SDPI- Site Development Plan, Insubstantial d. SIP - Site Improvement Plan e. SIPI - Site Improvement Plan, Insubstantial f. PSP - Preliminary Subdivision Plans g. PSPA - Preliminary Subdivision Plans, Amendment h. PPL - Plans & Plat, Subdivision i. FP - Final Plat j. CONSTR- Construction Plans, Subdivision/Utilities $200.00 $150.0Q $100.00 $150.00 $100.00 $150.00 $100.00 $100.00 $100.00 $100.00 CDES Financial Administration, rev 2/l/04 page 3 k. ICP - Construction Plans, Insubstantial l. DRI - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ- Planned Unit Development, Rezone o. PUDA- Planned Unit Development, Amendment p. PDI - Planned Unit Development, Insubstantial q. RZ- Rezone, Regular Zoning r. CU - Conditional Use $100.00 $200.00 $150.00 $!5o.oQ $150.00 $100.00 ~loo.oo $150.00 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per D/U b. plus $100.00 per residential building structure; c. plus .$.10 per square foot for non-residential d. plus $200.00 per building fbr non-residential. e. Additional fees for 3~a review $t,000,00, 4th review $1,500.00, 5t~ review $2,000.00, 6th and subsequent reviews $2.500.00 2) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. d. GMP pre-app meetings $250.00, refund previsions outlined in sub-sections a, b, and c apply. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) ..$.100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for fin:st sheet, $ [ 00.00 for each and every additional sheet submitted. b. Additional fees for ? review $1,000.00, 4m Review $1,500.00, 5th and subsequent review $2,000.00 5) Site Development Plan Conceptual Review $750.00 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, ~;75.00 for each additional sheet CDES Financial Administration, rev 2/1/04 8) Engineering Site Plan Review Fee a. Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system b. Construction Inspection 2.25% of probable cost of construction of roadway, drainage & stormwater management system ~ N°'~il -i~/'/~ J'~//9 9) Site Development Plan Amendment $2.500.00, a. Plus $40.00 per D/U plus $100.00 per residential building structure b. plus $. 10 per square foot c. plus $200.00 per building for non-residential d. Additional fees for 3rd review $1,000.00, 4th Review $l,500.00, 5th and subsequent review $2,000.00 10) SBR Fees a) b) c) Pre-Acquisition Meeting $500.00 (no refunds or credits) Pre-application fee. $500.00 (tO I~e credited toward application fee upon submittal.) (all normal pre- application provisions apply) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation ~eater than 10%, f'mal project charges at $100.00 per hour for all associated staffhours I 1) Violation of the conditions of approval bf the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4~x the SIP/SDP application fee G) SUBDIVISION 1) Lot Line Adjustment $250.00 2) Subdivision Review Fees- a. Construction Document $0.75% of probable cost of construction b. Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 lbr each additional sheet c. Subdivisions - 3rd and subsequent additional reviews and substantial deviations fi.om approval construction documents $500.00 d. Subdivision Inspection Fee 2.25% of probable cost of construction for construction inspection. 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $.5..00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat $1000.00 plus $5.00 per acre (or fraction thereof) for residential, $1000.00 plus $10. 00 per acre (or fraction thereon for nonresidential; (mixed use is residential) 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two-year Extension $150.00_ 7) Water and Sewer Facilities Construction Document Review 0 75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs - 3rd and subsequent resubmittals $500.00 9) Construction Inspection 2.25% of probable water and/or sewer construction costs construction plans or permit. 4_~x the PSP or Final Plat Review Fee. Administrative Amendment $250.00 CDES Financial Administration, rev 2/1/04 10) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved 11) page 5 16 46 H) ENGINEERING INSPECTION FEES I) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 1st re-inspection $75.00, 2"a re-inspection $100.00, 3'a and thereafter re- inspection $125.00 Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 a. A deposit of $500.00 will be posted by political campaigns at the time of securing a Political Sign permit. Forfeiture from this deposit will be in the amount orS100.00 per written notice of violation of applicable sign ordinance requirements for the 3'a and following such notices of violation. Such forfeiture shall be based on notices of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit, will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requirements. 10) Fees tbr Temporary Use permits issued After the Fact, ATF: 2x normal fee 1) TEMPORARY USE PERMITS 1) Beach Events Permits- a. Individual Permit $100.00 b. Block of 25 calendar days $2,250.00 c. Block of 50 calendar days $4,500.00 d. Block of 75 calendar days $6,750.00 e. Block of 100 calendar days $9,000.00 Block of 125 calendar days $11,250.00 g. Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & Events. 5200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $100.00 7) Renewals or extensions requested after the expiration date $200.00 8) WELL PERMITS/INSPECTIONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Wetlpernfit (abandonment) $50.00 4) Well permit (construction or repair or combined construction and abandonment on one site) $300.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor/test well to a production well) $75.00 7) Well Reinspections a. First Reinspection $75.00 CDES Financial Administration, rev 2/1/04 JAi 2 ' page 6 b. Second Reinspection $100.00 c. Third Reinspection S150.00 8) After the fact well permits 4~x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre-application fee $500.00 (to be credited toward application fee upon submittal.) 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Permit $4,000.00 ($__1=500.00_) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DRI Review (In addition to cost of rezone)$10,000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/DO Amendment $6,000.00.plus $25.0.0 per acre (or fi.action thereof) 9) DRiABN- DRI Abandonment $1,500.00 10) Flood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 12) Non-Conforming Use Change/Alteration $1500.00 13) Parking Exemption $1500.00 14) PUD Amendments (PUD to PUD): _$8,000.00 plus $25.00 an acre (or fraction thereof) 15) Property owner notifications: $ [.00 non-certified mail, _$3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendment (Insubstantial) $1500.00 17) Rezone Petition (Regular) $6~00.0.00 plus $25.00 an acre (or fraction thereof) 18) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereoI) 19) Street Name Change (Platted) $500.00 plus $1.00 for each property owner street name change. 20) Street Name (unplatted) or Project Name Change $500.00 21) Variance petition: $2,000.00 residential, $5,000.00 non- residential 22) Variance (Administrative) $1,000.00 CDES Financial Adminisn'ation, rev Wl/04 requiring notification of proposed No.... page 23) Zoning Certificate: Residential: $50.00, Commerciah$125.00 24) PUD Extension - Sun Setting: $I000.00 25) Sign Variance Petition: $2000.00 26) Stewardship Receiving Area Petition (SPA): $7000.00 plus $25.00 per acre (or fraction thereof) Stewardship Sending Area Petition (SSA): $7000.00 plus $25.00 per stewardship credit applied fbr. 27) After-the-Fact Zoning/Land Use Petitions 2. x the normal petition fee 28) Land Use Petition Continuances a. Two days or less prior to meeting $500.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. 29) PUD Monitoring (fee charged at time of building permit review) a. $50.00 per dwelling unit within PUD b. $0.05 per square tbot commercial or industrial construction within PUD L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. $.50 as set forth in Resolution 98-498, as amended. 4) Requests for formal written zoning/land use verification or similar such request for written staff responses. $100.00 per property 5) The tee tbr researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staffmember conducting the service for time in excess of 1 hour. 6) The fee Ibr creating and designing special computer generated reports that are not a part o£regular standard reports shall be at no charge fbr the ih'st hour, then at the base salary hourly rate of the staff member conducting the service fbr time in excess of 1 hour. 7)CD Burning: $1.00~_floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $t 00.0_0 per set. 9)Photocopies o£documents less than 1 lx17 inches: $0.15 one sided, $0,.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc _$70.00 b. Print out on Paper $75.00 + 0.05 for every record over t500 c. Mailing Labels $8.0.00 ~- _0~06 for every record over 1500 ~ d. Print out on Paper + Mailing Labels $85.00 + 0.11 for every record oi CDES Financial Administration, rev 2/1/04 2 p~gc ~ 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings $750.00 c, Pud's or PUD Amendments: $2250.00 12) Plan Review Fee (for planning review of all building pe~xnit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings a. Meetings with Planning. Dept Project Manager per applicant request, site plan reviews and land use petitions in progress, $_150.00 per one hour minimum, $75.00 per V2 hour thereafter. Additional Planning Department staff attending meeting per applicant request $75.00 per ¼ hour per staff me~nber. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $.2.50.00 per ½ hour thereat~er. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requir/ng COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $I00.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000,00 b. Chapter 189 Special District, Independent or Dependent, $ ! 5,000,00 18) GMP a. Small Scale $9000.00 b. General $16,700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review, The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1,1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex $.05 persq ~with minimum orS100.00 b. Multi-Family & Commercial $.05 per sq ft up to 10,000 sq ft, $.025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $..5,000.00. CDES Financial Administration, rev 2/1/04 page 9 lC{ I6 6 4) Minimum fee of $__5~0.00_ for each of the following: plumbing; mechanical (A/C); eiectrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $_50.0o. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES , 1) The fee for a building permit shall be comt~uted as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit C), whichever is greater. Valuation of construction costs of less than $750.00.. - No permit or tee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. * SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of $750.00 through $4,999.99 - With one or no inspections $50.00_, With multiple inspections ~$100.0~) b. Valuation of construction costs of $5000.00 through $49,999.99- With one or no inspections - $._}30.00 plus _$6..00_ per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $.8Q,0_.0- plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00 - $2_5.0.00 plus _$2..4..0. per thousand dollars, or fraction thereof; of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00 - $2800.00. plus _$2,4.0 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. O) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. $0.4____Q per ampere rating or' all single-phase panel boards. b. ~$0.15. per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $_50.00 per unit or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. CDES Financial Administration, rev UI/04 EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10,00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof:, or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate ors1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of 50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fi.action thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is ~eater. 3) The minimum mechanical permit fee shall be $50.00 4) A permit for the change out of components shall be calculated at the above CDES Financial Administration, rev 2/1/04 page 11 mechanical permit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and ContrOl Permits for both the independent and dependent fire districts. S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $__50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be 37.5..0__0_0 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection tees as applicable. T) CltlCKEES AND SIMILAR STRUCTURES 1) The permit fee will be based upon a calculated cost of construction of 5;;4.00 per square foot under roof or the contractor~s estimated cost of construction, whichever is greater. The tee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be - a. Valuation of construction costs of up to $4,999.99. _$100.00_ b. Valuation of construction costs of $5000.00 through $49,999.99:$80.0.__Q0 plus $7.0_____0- per thousand dollars, or ~raction thereo~', of building valuation in excess of $2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00:$3~33.0~0 plus $3.0_____Q per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over 5;1,000,000.00:~_~474.0~00 plus $3.O0 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spa the fee shall be: $10_0.0~0 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES l) Construction costs shall be calculated as ~bllows: a. Screen Roof: $.._2.00_ per sq. ft. of floor area. (Screen Walls Only) b. pan Roof. $3.0_____Q per sq. ft. of floor area. (Screen Walls Only) c. Existing Root: $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. c~q Financi',fl Administration, rev 2/1/04 ,:, ,. page ~2 W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $_75.00. 2) Multiple signs of the same type (i.e, wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of l 0 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of I0 convenience permits is $_~400.00. y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $_50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (j0°/..q) percent of the original building permit fee or $150.0______0_0, whichever is greater, but shall not exceed _$500.00. The tee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and f'n:e codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded". c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No~ b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $_J_100.00. .Z) PERMIT EXTENSION 1) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $._!100,0__Q0, whichever is greater, but shall not exceed $~500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILD lNG OR STRUCTURE PERMIT FEES 1) The permit fee shall be _$_50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The tee shall be $_150.0_____9_0 for the pre-moving inspection of any building or structure. CDES Financial Administration, rev 2/I/04 page 13 CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of $40.00 per inspection shall be assessed lbr inspections on a time specified basis. 3) A user fee of $120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspect/on for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DD) REINSPECTION FEES I) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of $~75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and S 125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and tess. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b, Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. II) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the reft.md is applied for prior to the cancellation of the permit. CDES Financial Administration, rev 2/I/04 jJ)-RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than i lxl 7 inches: $__0.15_ other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 ~ per page 30 X 36 $2__~.5__Q0 per page 30 X 42 $3.25 per page 34 X 44 $5.0. 0 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCIt 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated repons that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of l hour. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.0_ 0 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE l) A surcharge in the amount of 3% of the building permit application tee, with the minimum surcharge being $3 0~._0 and the maximum being 5;150_.00_, will be applied to every building permit application submitted. A flat fee of $3.O0 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. OO) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.0_ 0 c. Late Fee- $10.0_ 0 pp) FEE WAIVER PROCEDURES l) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests development review and building permit fees shall be submitted in writing directly to the ap rop.~ate · i onmental Services Division Staff, who will prepare an ~xecuti~( Commumty Develop .me~ & E,n~r ........... hall include a statement indicating the reason for consideratmn by the estm the fee waiver waiver request and, if applicable, the nature ot the orgamzatmn requ g page 15 CDES Financial Administration, rev 2/1/04 QQ) ADDITIONAL FEE REFUND PROVISIONS l) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Plann/~g, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees. 3) In no cases will there be refunds for pre-application fees, data con3ersion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of ['ees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. 5) In those cases where alternative methods or timing of payments for CDES services and or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall f'mal C.O. or such certifications of project completeness be issued until payments due CDES are received in full. 6) All hourly fees are computed and charged from actual Divisional time tracking records. 7) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 8) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 9) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff. CDES Financial Administration, rev 2/1/04 / page 16 Dwight E. Brock Clerk of Courts '~ouo~. ty 9f COllier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 16,47 Clerk Of Courts Accountant Auditor Custodian of County Funds Date: January 28, 2004 To: Jennifer Fritchey City of Naples From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Supplemental Amendment to Inter-local Agreement Enclosed please find one document as referenced above, (Agenda Item #16A7), approved by the Board of County Commissioners on Tuesday, January 28, 2004. Please forward on to the appropriate parties for signature. Please return a fully executed original back to the Minutes & Records Department for the official file. If you should have any questions, please contact me at 774-8399. Thank you, Trish Morgan Deputy Clerk Collier County Clerk of Courts Enclosure Phone- (239) 732-2646 Website- www. clerk, collier.fl.us Fax- (239) 775-2755 Email- collierclerk(~_,clerk, collier.fl, us SUPPLEMENTAL Amendment to INTER-LOCAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 2004, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the City of Naples, Florida hereinafter called the "CITY." WITNESSETH WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the CITY, in cooperation with the COUNTY has engaged the services of Tomasello Consulting Engineers (TCE), hereinafter called the "CONSULTANT" to further the appeals resolution process and to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER COUNTY, hereinafter referred to as "PROJECT," and WHEREAS, the COUNTY proposes to supplement and amend said AGREEMENT pursuant to the provisions of paragraph 4.02 of the original Agreement in regard to CONSULTANT services pertaining solely to work to be performed for the COUNTY; and WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf of the COUNTY, compensate said CONSULTANT for the additional PROJECT WORK pertaining solely to the COUNTY; and WHEREAS, the CITY is agreeable to and desirous and capable of performing, providing, or otherwise undertaking such services for COUNTY in conf~ection with the proposed amendment to the PROJECT WORK. NOW, THEREFORE, in consideration of the promises and mulual covenants hereinafter contained, the CITY and COUNTY hereby agree to supplei~ent and amend the existing Inter-local Agreement as follows in "underline" to reflect n~t'ly added text and by "str~k~.thr.~', to reflect deleted text: SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to the CITY by the COUNTY under the terms of this SUPPLEMENTAL AGREEMENT, the services are deemed to include but shall not necessarily be limited to the following items: 4.02 In the event that the COUNTY should require additional services as necessary and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and which would exceed the contract sum of $235,000 292,007, a sum of $57,007 above the oriqinally authorized amount, Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY'S representative and the CITY. 4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and including the sum of $245,007, with the sum of $57,007 funded totally by Collier County above the oriqinally authorized amount of $188,000 pertainin.q solely to work to be performed by CONSULTANT for the COUNTY with the understanding that the CITY shall share in the cost of the PROJECT only in the amount of $47,000. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their appropriate officials, as of the date first above written. Dated: ..... '~' '- "~ '" ' · DWIGHT E..BROCK; Cle~ ' ~ "...:':,~D~~e~ By: ~rove~Aa~to ~t~"~nd legal sufficiency: ~atrick O. ~ssistant Gounty ~ttomoy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTEST: TARA A. NORMAN, Clerk CITY OF NAPLES By: By: Bonnie P. MacKenzie, Mayor Date: Approved as to form and legality: By:. Robert D. Pritt, City Attorney March 4, 2004 OFFICE OF CITY CLERK Trish Morgan Deputy Clerk Minutes and Records Collier County Clerk of Courts 3301 Tamiami Trail East P.O. Box 413044 Naples, FL 34112 Dear Ms. Morgan, Per your request, I am returning the original supplemental amendment to the interlocal agreement for the FEMA flood insurance study. I have also included a copy of the City's resolution approving the amendment. If I can be of further assistance, please call me at the number listed below. Sincerely, FACSIMILE (239) 213-1025 TELEPHONE (239) 213-1015 SUNCOM 717-1015 735 EIGHTH STREET, SOUTH · NAPLES, FLORIDA 34102-6796 OR: 3508 PO: 0290 THIS SUPPLEMENTAL AGREEMENT, made and entered into this /~ day of.. ~'~/~., 2004, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the City of Naples, Florida hereinafter called the "CITY." WITNESSETH WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the CITY, in cooperation with the COUNTY has engaged the services of Tomasello Consulting Engineers (TCE), hereinafter called the "CONSULTANT" to further the appeals resolution process and to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER COUNTY, hereinafter referred to as "PROJECT," and WHEREAS, the COUNTY proposes to supplement and amend said AGREEMENT pursuant to the provisions of paragraph 4.02 of the original Agreement in regard to CONSULTANT services pertaining solely to work to be performed for the COUNTY; and WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf of the COUNTY, compensate said CONSULTANT for the additional PROJECT WORK pertaining solely to the COUNTY; and WHEREAS, the CITY is agreeable to and desirous and capable of performing, providing, or otherwise undertaking such services for COUNTY in connection with the proposed amendment to the PROJECT WORK. NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the CITY and COUNTY hereby agree to supplement and amend the existing Inter-local Agreement as follows in ".underline" to reflect newly added text and by "s~;k~,-thr. eu~h" to reflect deleted text: SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to the CITY by the COUNTY under the terms of this SUPPLEMENTAL AGREEMENT, the services are deemed to include but shall not necessarily be limited to the following items: OR: 3508 ?G: 0291 and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and which would exceed the contract sum of $235,000 292,007, a sum of $57,007 abovo the originally authorized amount~ Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY'S representative and the CITY. 4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and including the sum of 245 007 with the sum of 57 007 funded totall b Collier Count above the ori inall authorized amount of $188,000 pertaininq solely to work to bo performed by CONSULTANT for the COUNTY with the understanding that the CITY sha~l share in the cost of the PROJECT on_..qJy_in the amount of $47,000. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their appropriate officials, as of the date first above written. Dated: ATTEST;, .':", DWIGHT' E.. BS, QC~; '~. "i~D,ep'u,,ty,.~e~k By' \~rove¢^as,'to ~ '~nd legal sufficiency: Patrick G. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA b6nn'a;=Fial~, ATTEST: TARA A. NORMAN, Clerk Approved as to form and legality: Robert D. Pritt, City Attorney CITY OF NAPLES _ J~t~ ~ie~ Mayor ~ill Barnett Date: Book 124 . Page - = ..,. ....... - .... .... .... It..> .... - .... - c::::r. ~ cot:¡ C"'.J => <:::> 8 :000; - -- -- -.... ~:::::u ø... :ã..;¡ Uc...> co..... ~ <:::> <>!XI LC"') ~ ...; cY') ~ too u= -- = ~ a:: ...:¡ iš C>S;:¡ C"'.J :;:: ~ ~--- '-C) 0::: c::::r. jg ..... ~ ....... ... C"W"') c- C"W"') .- ~ =....... -- =....... -....... 0- u....... =- c:> - - !XI IZ: .... CI:I ~ ....... - - """- _.. -" ""-: -. ø.. ..... ::=t:.:... .... .- ...:::_= 0'" "'" .. -- =- ...... ....... ............ "... CI> ..... ..... ...::: - <:';>.r- ... RESOLUTION 04-10360 Agenda Item 7-i Meeting of 2/18/04 AGREF.MENT B~EN TJc6 A 7 A RESOLUTION APPROVING .AN AMENDMENT TO THE INTERLOCAL OF NAPLES AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO COMPLETE THE FLOOD INSURANCE STUDY FOR THE GOLDEN GATE ESTATES AREA, KNOWN AS THE SHEET :2D STUDY; AUTHOR:IZJ:NG THE MAYOR TO EXECUTE THE AMENDM:I!:NT TO THE J:NTERLOCAL AGREEMENT; AND PROVJ:DING.AN EFFECTIVE DATE. .:'" I.. .---. .----..----- . the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved might exercise separately; and the County and the City have engaged the services of Tomasello Consulting Engineer's Inc., to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study to improve the accuracy of the proposed maps for the coastal areas of Collier County and the City of Naples; and it is the desire of the County and the City to amend the Interlocal Agreement to allow Tomasello Consulting Engineer's Inc., to complete the flood insurance study of the Golden Gate Estates Area, known as the Sheet 2D study; and it was mutually agreed that the City of Naples would oversee the administration and payment thereof to Tomasello Consulting Engineer's Inc.; and the County is responsible to compensate the City for all services provided by the Flood Study Contractor, Tomasello Consulting Service's Inc., relating to the Golden Gate Estates area (Sheet 2D) study; and it is in the best interests of the citizens of the City qf Naples to amend the Interlocal Agreement; Section 1. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: That the amended Interlocal Agreement between the City of ~aples and the Board of County Commissioners of Collier County with regard to engaging the services of Tomasello Consulting Engineer's Inc., to complete the Flood Insurance Study for the Golden Gate Estates area, known as the Sheet 2D study, for Collier County is hereby approved, a copy of which is on file in the City Clerk's Office. That the Mayor is hereby authorized to execute the Interlocal Agreement. This resolution shall take effect immediately upon adoption. PASSÈD.IN' OPEN AND REGULAR SESSION OF THE CI . FL9~ÏJ:),A:¡ TIUS 18th DAY OF FEBRUARY, :2004. WHEREAS, WHEREAS , 'WBEJŒAS , WHEREAS , WHEREAS , WHEREAS, Section 2. Section 3. OF NAPLES, l}.t.t.e. st:. U; .k .~ K.Æ - f .'. ~a A. Normah~r# ~f°,:e~Î~S'~ .form and legality: . ~¿ 1(\~ \)., \"' rAiW Rob~rt' D.' '~ri1t't,tity Attorney M:\REF\COUNCIL\RES\2004\O4-10360 Date filed with City Clerk: ;/-as-o,/ ------------.---------. - -- ------ -- -- . -------------------- MEMORANDUM 1682 Date: January 28, 2004 To: Jill M. Brown Public Transportation Planner From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-18, Authorizing the Transportation Services Division to apply for and accept a Federal Transit Agency Section 5310 Grant. Enclosed please find one {l)original of the above referenced item (Agenda item # 16B2) approved by the Board of County Commissioners on Tuesday, January 27, 2004. The second original is being retained in our office for the official record. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you, Enclosure Jlj ,:J L_.. RESOLUTION NO. 2004--1JL A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE TRANSPORTATION SERVICES DIVISION ADMINISTRATOR OR HIS DESIGNEE TO APPL Y FOR A FEDERAL TRANSIT AGENCY SECTION 5310 GRANT, TO REVISE AND EXECUTE ANY REQUIRED DOCUMENTATION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED. WHEREAS, 49 US.C. 5310 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide mass transportation services to meet the special needs of elderly individuals and individuals with disabilities; and WHEREAS, each year, through an application process administered by the Florida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for the purchase of vehicles and for the provision of transportation services to the elderly and disabled residents of Collier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for Ff A 49 US.c. 5310 funds in order to purchase vehicles to transport the elderly and disabled residents of Collier County; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County, Florida, that: 1. The Collier County Transportation Services Division Administrator, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5310 Grant, including executing the Certification and Assurance to FDOT document, a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. 2. Any decision to terminate or otherwise not accept the Grant shall fIrst require approval by the Board of County Commissioners as an agenda item. 3. This Resolution shall be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this - day of , 2004. ""....,s"""',,,,\,\ ,-mo;,-- "'tì) ~¡¡Ci;^'~\\\\¡ ATJ.D~1"-' ,....,,"t;.' if DWI,$T^ Ê:.ijR,OéK-,,6ièrki,. :;-~~): ", ",Il', : "::\/i,',. \\;:':. ". '. .."" , . "":: : .G. BOARD OF COUNTY COMMISSIONERS COLLŒ~TY' FLORID A . By ~ ~~ , Chairman I~ ~ \682- 4J.rOo.. tn!a. { {2. ~ {o 4 Re.c..~ l JlB{~ ~~~Ibe. ",-- 1683 MEMORANDUM Date: January 28, 2004 To: Jill M. Brown Public Transportation Planner From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-197 Authorizing the Transportation Services Division to Execute the Federal Transit Administrations Section 5311 Grant Application Enclosed please find one (l}original of the above referenced item (Agenda item # 16B3) approved by the Board of County Commissioners on Tuesday, January 27, 2004. The second original is being retained in our office for the official record. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you, Enclosure Tk~ --j::t- : \ (, B '3 ~O( ~te: ¡"dì--o~ [X¡k u~~é'd.. 1--2'ð-'-D4- ~~,D.( MEMORANDUM 1684 Date: January 28, 2004 To: Jill M. Brown Public Transportation Planner From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Vehicle Lease Agreement between the Collier County Board of County Commissioners and ATC paratransit Enclosed please find two original documents of the above referenced item (Agenda item # 16B4) approved by the Board of County Commissioners on Tuesday, January 27, 2004. Kindly forward the documents to the appropriate parties for their signatures and return one executed copy to our office for the official public record. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you, Enclosure(s) 1684- LEASE AGREEMENT THIS AGREEMENT, made and entered into this _day of ,2004, by and between Collier County, a political subdivision of the State of Florida, hereinafter called the "LESSOR," and COMSIS Mobility Services, Inc., d/b/a Intelitran and A TC Paratransit, hereinafter called "LESSEE." WITNESSETH WHEREAS, in furtherance of the parties' Agreement dated October 1,2002, the Lessee has agreed to lease passenger vehicles described in Exhibit "A" from the Lessor and Lessor is desirous of leasing said vehicles to Lessee (the "Vehicles"); and WHEREAS, the Vehicles are the titled property of the Lessor; and WHEREAS, the Florida Department of Transportation is the lien holder of thirteen (13) of the eighteen (18) Vehicles; and WHEREAS, Lessor has agreed to maintain the Vehicles as evidenced by Exhibit "C"; and WHEREAS, the Lessee has agreed to perform Daily Vehicle Inspection Sheets as shown in Exhibit "B" and provide these sheets to the Lessor daily. NOW, THEREFORE, in consideration of the premises and covenants contained herein, it is agreed as follows: 1. PRE-EXISTING LEASE As of the effective date of this Agreement, any prior lease agreement by and between the parties is hereby superseded, including the lease agreement dated April 22, 2003. 2. LEASE TERM AND RENEWAL The Vehicles are leased to the Lessee as of the date first set forth above. This Agreement shall remain in effect for a period of one year, and shall be automatically renewed for an additional year for up to three (3) annual extensions, unless either party gives notice to the other to the contrary at least ten (10) days prior to the anniversary date, or unless this Agreement is otherwise terminated as set forth below. An extension may be for any or all of the Vehicles. A supplemental Exhibit "A", with a revised payment schedule, may be issued as a condition of renewal. 3. LESSEE COSTS --1-- 1684 The Lessee will pay to the Lessor the annual sum of $1.00 as rent for the Vehicles. 4. DELIVERY The Vehicles will be delivered to the Lessee at a mutually agreed upon time and place. Proof of Insurance coverage by the Lessee, as provided in paragraph 8 herein, must be provided to the Lessor prior to acceptance of delivery. 5. TITLE Title to the Vehicles is in and shall remain in the name of Collier County. The Lessee will not loan, lend, sell, sublet, assign, mortgage or otherwise encumber any of the Vehicles, or permit them to be subject to any legal process, without first obtaining the Lessor's prior written consent. The Lessee has no authority to place, or permit to be placed, any lien, encumbrance or charge on any Vehicle for any repairs, replacements or any other reason without the prior written consent ofthe County. Lessee agrees to keep the Vehicles free from all liens, encumbrances and charges of any nature whatsoever, whether voluntary or involuntary. 6. MAINTEN AN CEIFUEL The Lessor shall maintain and make all repairs to the Vehicles during the Term of this Agreement. Lessee will be invoiced for said repairs and maintenance as well as any fuel obtained from a County facility. The amount of any invoice remaining unpaid after 30 days shall be deducted from the amount of the Lessee's invoice for services pursuant to the October 1, 2002 Agreement. 7. RETURN OF VEHICLE At the termination or expiration of this Agreement, the Lessee shall return the Vehicles to the Lessor in good condition, ordinary wear and tear accepted, and shall execute any and all papers necessary to effect the transfer of possession of any Vehicle back to the Lessor free of all liens and claims. Tires shall be maintained in good condition with a minimum average of no less than 7/32" of tread. Lessee shall be responsible for the cost of repairing, replacing or restoring any Vehicle, equipment or parts, delivered in substandard condition. 8. INSURANCE The Lessee at its sole cost and expense will obtain and maintain any and all insurance required by Lessor during the term of this Agreement, naming both the Lessor and the --2-- °'--0__._0- 1684 Florida Department of Transportation as an additional named insured. Presently, the following minimum insurance is required: $1,000,000.00 in liability coverage and $1,000,000.00 in comprehensive coverage for each Vehicle. 9. 10. B. C. A. Lessee shall inform the insurance carrier that a policy is required that obligates the insurance company to notify the named added insured, Collier County and the Florida Department of Transportation, prior to any proposed cancellation of coverage of the leased Vehicles. The Florida Department of Transportation shall be named as certificate holder, and shall remain named as such on the insurance policy throughout the time period of this Agreement. B. The Lessee shall provide a copy of the policies and endorsements, and any notices of proposed cancellation of coverage shall be sent to the Lessor at the following address: 2705 South Horseshoe Drive, Naples, Florida 34104, with a copy to the Office of the County Attorney. Notice of cancellation should also be sent to FDOT, P.O. Box 1249, M.S. 1-39, Bartow FL 33831 and/or Public Transit Coordinator, FDOT, P.O. Box 1030, Fort Myers, FL 33902. OPERATING EXPENSES License plates used on the Vehicles shall be issued in the name of the County. If a certificate of title is issued with respect to any Vehicle, it shall be delivered to the County or its assignee. A certificate of title will only be delivered to the County after FDOT releases its lien. The Lessee shall bear the cost of all operating expenses incidental to the use of the Vehicles, and in the operation of the Vehicles the Lessee shall comply with all legal requirements. OPERATIONS In the operation of any Vehicle leased by this Agreement, Lessee agrees: A. To limit use of the Vehicle to approved transit services as provided to carriers under contract with the Lessee. This information shall be provided to Lessee by Lessor. Lessee shall implement no changes in use of the Vehicles unless written authorization is first received from Lessor. Not to make any alterations or modifications to any Vehicle except with the prior written consent of the Lessor and the Florida Department of Transportation. To precisely follow the Lessor's guidelines for affixing or painting any designs or marking signs on the Vehicles. Neither commercial nor political campaign advertising shall appear on leased equipment. Public service posters or announcements may be placed in pre-existing advertising racks, if any. --3-- 1684 D. Not to use the equipment in violation of Federal, State or Municipal statute, law, regulation, administrative ruling, order or ordinance. E. To hold Lessor harmless from all fines, forfeitures or penalties for traffic violations or other violations incurring in connection with the operation of the vehicles or equipment by Lessee. F. To cause each Vehicle to be operated only by a fully qualified, competent, properly licensed driver. Lessee shall require each driver to have a good driving record and to operate with all due care and diligence to prevent injuries, loss or damage of any nature. G. To protect the Vehicles from theft and other hazards while under Lessee's control. H. To be responsible for damages or loss to the Vehicles in the event of disaster, fire, theft, flood, riot, strikes, conversion, collision or other particular total destruction except to the extent Lessor may be reimbursed by payment of insurance proceeds. I. To verbally notify the Lessor immediately of any theft, fire, improper performance, damage, accidents or collision, injury or death of a persons in which a Vehicle has been involved and, refrain from operation of such Vehicle so involved until permission is obtained from the Lessor; to supply a copy of any report required to be filed with any administrative body or government unit, to supply a written report within seven (7) days of any theft, fire, accident or collision, injury or death of a person or persons involving any Vehicle. In the event of failure to so notify Lessor, Lessee will be responsible for any loss to Lessor as a result of such failure; to cooperate fully with the Lessor in any reasonable way to prevent loss; to aid in every reasonable way in the defense of suits or other proceedings which may be brought as a result of the operation of the Vehicle, to notify the Lessor promptly of any papers, notices or documents served upon the lessee, its agents, servants or employees, arising out of the Vehicle. J. In addition, the Lessor and the Florida Department of Transportation shall be notified by telephone or in person, regarding each incident or accident involving an injury or fatality of any person or persons as a result of the use of any Vehicle no later than the end of regular working hours on the next regular working day following such occurrence. Notification and reporting shall consist of a written report containing the following: l. 2. 3. 4. Name and address of drivers involved; Date and Location of accident; Number of Injuries; Number of fatalities; --4-- -------'--"""---'-""""-.--...., 11. 1684 t 5. 6. Brief description of accident; and Written copy of police report and any subsequent investigations (within 30 days). K. In accordance with Chapter 14-90 FA.C, additional notification to the Lessor and the Florida Department of Transportation, in writing, is required if a person dies within 30 days after an accident. Notification shall be submitted within 24 hours after death. L. Lessee shall not initiate any actions for recovery of damages to any Vehicle without the prior written consent of Lessor. Lessee shall take no steps, which would affect the Lessor's claim for damages including the filing of any reports or statements, without the prior written consent of Lessor. REQUIRED REPORTS A. In addition to special reports, as necessary, previously cited in paragraph 10 above, certain regular operating reports are required by the Lessor, of the Lessee. 1. Preventive Maintenance I Inspection Forms and Reports a. Records of inspection, including vehicle mileage, shall be recorded on work order forms by the Lessor. The work orders identify failures, if any, where detected, whether by regular inspection, driver report, vehicle breakdown, or other. The work order forms shall be accumulated and submitted monthly, with inspection check lists (as applicable), to the Florida Department of Transportation. b. Individual vehicle Record Files shall be kept current by the Lessor. Records shall be available for The Florida Department of Transportation's review during periodic compliance inspections. c. Reports shall be performed by the Lessor for each Vehicle with completed work orders and preventive maintenance checklists, as applicable, attached thereto. Reports shall be maintained monthly, within 15 days following the month covered by the report and all reports, including attachments, shall be legible. 2. Daily Vehicle Inspection a. Daily vehicle inspections are crucial to the success of a Preventative Maintenance Program. Investing a short time on a daily basis to inspect each Vehicle will help detect problems early thereby improving safety and decreasing vehicle repair costs. --5-- 1684 b. Each driver will inspect his or her Vehicle before departure by completing the Daily Vehicle Inspection Checklist. The completed checklist is submitted to the transportation manager at the end of the driver's shift so that necessary maintenance can be noted and scheduled accordingly. The transportation manager must fax the Daily Vehicle Inspection sheets to Fleet Management daily. B. Report forms are attached as Exhibit B. 12. AUDITS AND INSPECTIONS Lessee agrees to permit the Lessor or the Lessor's designated representative and The Florida Department of Transportation, to audit all books, records and files relati ve to the operation and maintenance of the leased Vehicles, equipment and parts (as applicable); to assist in providing said documents and information and to permit inspection of the Vehicles, equipment and parts. 13. NOTICES All notices should be sent to the following person or their designee: Collier County: Diane B. Flagg Traffic Operations and Alternative Transportation Modes Director 2705 South Horseshoe Drive Naples, FI 34104 Phone:(941) 403-2310 Fax: (941) 213-5899 Florida Department of Transportation: Richard P. Shine Transit Project Coordinator P. O. Box 1030 Fort Myers FL 33902 Phone: (941) 461-4300 Fax: (941)338-2353 --6-- 14. 15. 1684 COMSIS Mobility Services, Inc. d/b/a intelitranl A TC Paratransit: Jim Van Pelt General Manager 3584 Exchange Ave Naples, Fl. 34104 Phone: (941) 649-4439 Fax: (941) 649-0464 STANDARD ASSURANCE The Lessee assures that it will comply with all applicable Federal statutes, regulations, executive orders, FfA circulars, and other Federal administrative requirements in carrying out any project supported by the Ff A grant or cooperative agreement. The Lessee agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative agreement issued for its project with Ff A. The Lessee recognizes that Federal laws, regulations, policies, and administrative practices might be modified from time to time and they may affect the implementation of the project. The Lessee agrees that the most recent Federal requirements will apply to the project, unless Ff A issues a written determination otherwise. Copies of these regulations are available upon request from the Collier County Transportation Division. DRUG-FREE WORKPLACE AGREEMENT 1. Lessee shall publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against its employees for violation of that prohibition; 2. Lessee shall establish an ongoing drug-free awareness program to inform its employees about: a. The dangers of drug abuse in the workplace; b. Its policy of maintaining a drug-fee workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; d. The penalties that may be imposed upon its employees for drug abuse violations occurring in the workplace; 3. Lessee shall make it a requirement that each of its employees engaged in the performance of this Agreement will be given a copy of the statement required by paragraph (1) of this certification; 4. Lessee shall notify each of its employees in the statement required by paragraph --7-- 16. 1684 (1) that, as a condition of employment for matters financed by this Agreement, the employee will be required to: a. Abide by the terms of the statement; and b. Notify the Lessor in writing of any conviction by an employee for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction; 5. Lessee shall take one of the following actions and notify Lessor of any said action taken within thirty (30) calendar days of receiving notice of a drug conviction by an employee: a. Take appropriate personnel action against that employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require that employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; and 6. Lessee shall make a good faith effort to continue to maintain a drug-fee workplace through implementation of subparagraphs (1), (2), (3), (4), and (5) above. The Lessee agrees to maintain a list identifying its headquarters' location and each workplace it maintains in which project activities supported by Lessor are conducted, and make that list readily accessible to Lessor. NONDISCRIMINATION ASSURANCE As required by 49 u.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and u.s. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Lessee assures that it will comply with all requirements of 49 CFR part 21;FfA Circular 4702.1, "Title VI Program Guidelines for Federal Transit Administration Recipients", and other applicable directives, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the Lessee receives Federal assistance awarded by the u.s. DOT or Ff A as follows: 1. The Lessee assures that each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements of 49 u.s.c. 5332 and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. --8-- 17. 18. 1684 J 2. The Lessee assures that it will take appropriate action to ensure that any transferee receiving property financed with Federal assistance derived from Ff A will comply with the applicable requirements of 49 U.S.C. 5332 and 49 CPR part 21. 3. The Lessee assures that it will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with u.S. DOT or FfA. Upon request by U.S. DOT or FfA, the Lessee assures that it will submit the required information pertaining to its compliance with these requirements. 4. The Lessee assures that it will make any changes in its implementing procedures as u.s. DOT or Ff A may request. 5. The Lessee will include in each third party contract or sub-agreement provisions to non-discrimination requirements. ASSURANCE OF NONDISCRIMINATION ON THE BASIS OF DISABJLITY As required by U.S. DOT regulations, "Nondiscrimination on the basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Lessee assures that, as a condition of this Agreement, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination. PROCUREMENTCOMPUANCE Lessee will comply with applicable Federal and State statutes relating to nondiscrimination. Copies of any such requirements shall be furnished to Lessee upon request. 19. DEMAND RESPONSIVENESS CERTIFICATION The Lessee certifies that its demand responsive service offered to persons with disabilities, including persons who use wheelchairs, is equivalent to the level and quality of service offered to persons without disabilities. When viewed in its entirety, the Lessee's service for persons with disabilities is provided in the most integrated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area, (4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. 20. INDEMNIFICATION --9-- 21. 22. 23. 24. 1684 The Lessee shall fully hold harmless and defend Lessor and its agents and employees from all claims, demands, suits and actions of any nature whatsoever, including attorney's fees and all costs of litigation, concerning in any way Lessee's perfonnance of this Agreement, including perfonnance by Lessee's agents, employees, subcontractors or assigns. This provision shall also pertain to any claims brought against the Lessor by any agent, employee subcontractor or assign of the Lessee, or anyone directly or indirectly employed by any of them, concerning in any way this Agreement. Lessee agrees that its obligation to indemnify the Lessor extends to and includes liability for the contributory, or concurrent negligence of the Lessor, its employees or agents. This responsibility shall include, but shall not be limited to, liability for damages resulting from injury or damage to any employee of the Lessee or Lessor, regardless of whether the Lessee or Lessor have paid the employee under the provisions of any workmen's compensation laws or similar legislation. Lessee's obligation to defend and hold hannless Lessor is a substantial consideration for Lessor's entering into this Agreement, and as such Lessee's liability under this provision is unlimited. It is specifically understood and agreed that this indemnification does not cover or indemnify the Lessor for its sole negligence. GOVERNING LAW This Agreement is executed in the State of Florida and shall be construed in accordance with the laws of the State of Florida. ASSIGNMENT BY LESSEE Lessee may assign, transfer or sublet any of its rights under this Agreement or in any Vehicle covered hereby only with the prior written consent of the Lessor, which consent may be withheld by Lessor with or without good cause. Such assignment, transfer or subletting shall not relieve the Lessee of any of its obligations hereunder. EARLY TERMIN A TI 0 N This is an "at-will" Agreement. Accordingly, either party may freely cancel or terminate this Agreement at any time, with or without cause, effective upon thirty (30) days written notice to the other party, and upon completion of all post-tennination requirements set forth herein, shall have no further obligation or liability to the other party arising out of this Agreement. INDEPENDENT CONTRACTOR STATUS AND RULE OF CONSTRUCTION The parties to this Agreement are independent contractors, each responsible for its own behavior, and neither responsible for the behavior of the other. This Agreement shall be governed by the following Rule of Construction: Where tenns are silent or ambiguous regarding the relationship between the parties to this Agreement, such tenns shall be --iO-- -------.-- - -----------.-...-.,-,.---- ..--..----------...--- --- ---------,_.. 1684 construed in a way which is consistent with the parties' intended independent contractor status. 25. COMœLETENESSOFAGREEMENT This Agreement sets forth all the agreements, terms conditions and understandings, between Lessor and Lessee with respect to the subject matter herein, and there are no agreements, customs, usage's, terms, conditions or understandings either oral or written, expressed or implied, between the Lessor and the Lessee, as Lessor and Lessee, other than are herein set forth. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. COMSIS MOBll..ITY SERVICES, Inc., d/b/a Intelitranl A TC :~~ Kenneth Westbrook Regional Vice - President Date: -- " "'" \, ", .>',' . I , I ~,- '¡ ."\ "(, II ATTEST:~<r.-..-""',,~- I( '. . . ", I DWIGHtE...BROCK~ CLEijK -'_I. .- .!.!, ). :.-': ' By: ~~¿'~G . ':~ f~~ . ~~~~-. , " to fóffi1 ~~d legal sufficiency: BOARD OF OUNTY COMMISSIONERS COLLIER UNTY, FLOR~A - By: ~~ , CHAIRMAN --11-- \l'? i~" ~~~ -.}> \.,~ ~. tJ' ~ T-k M t:t- I (p B 'f Aq~ th~: ,-~ )-Dtf ~~ A~c~ : I-a~-Df ~~.P'c. ..--------- ---.,.. Exhibit "A" VEHICLE INVENTORY County Current Est. Vehicle Property Year/make V# VIN miles Condition of Where Is vehicle Value # FDOT # /model (Odometer) vehicle garaged 181048 1996 Ford Star Tran Poor Supreme 48 1FDLE40F1THB62053 186265 Checker Cab 1,500.00 990090 181047 1996 Ford Star Tran 1 FDLE40FXTHB62052 177529 Fair 2,500.00 990089 Supreme 47 Checker Cab 181049 1996 Ford Star Tran 1 FDLE40F3THB62054 144936 Fair 3,000.00 990091 Supreme 49 Checker Cab 1996 Ford Star Tran Fair Checker Cab 990092 181050 50 1 FDLE40F5THB62055 174101 2,500.00 181061 1996 Ford Star Trans 1FDLE40F5THB62086 1,500.00 990094 Senator 61 178240 Poor Checker Cab --12-- I--A 0\ O::J -Þ:- County Current Property Year/make miles Condition of Est. Vehicle # /model V# VIN (Odometer) vehicle Vehicle location Value 93148 2001 Ford 148 Converted Van 1 FTSS94F61 HB37627 83,368 New Checker Cab 41,508.00 010147 2001 Ford 149 93149 Converted 1 FTSS34F81 HB37628 86,877 New Checker Cab Van 41,508.00 010148 2001 Ford Converted 150 93150 Van 1 FTSS34F91 HB34558 90,924 New Checker Cab 41,508.00 010168 2001 Ford Converted 151 93151 Van 1FTSS34FO1HB34559 91,280 New Checker Cab 010149 41,508.00 --13-- ....... Q-\ La .f::::-- County Current Where is vehicle Est. Vehicle Property Year/make VIN miles Condition of Value # V# (Odometer) vehicle garaged FDOT # /model 4UZAACBV43CK40002 Collier 2002 Champion Bus 34,719 Fleet in Imm. 100,000.00 CTS New 94142 2002 Ford Converted 030036 1FTSS34F63HA63581 25,373 New Checker Cab 43,000.00 Van 2002 Ford Converted 030035 94141 1FTSS34F43HA63580 24,772 New Checker Cab 43,000.00 Van 2003 Ford F-450 1FDXE45FX3HBOO063 17,252 New Checker Cab 64,000 2003 Ford F-450 1FDXE45F43HB84963 New Checker Cab 64,000 2003 Ford F-450 1 FDXE45F03HB84961 Checker Cab 64,000 New --14-- ....... '" C1:1 ..~ Current County FOOT # Year/make V# VIN miles Condition of Where Is vehicle Est Vehicle Property /model (Odometer) vehicle garaged Value # 2003 Ford Converted 1FTSS34F83HB83849 Checker Cab 50,000 Van New 2003 Ford Converted 1FTSS34F43HB83850 Van New Checker Cab 50,000 2003 Ford Converted 1FTSS34F43HB83851 Van New 50,000 Checker Cab 2003 Ford Converted 1 FTSS34F43HB83852 Van New 50,000 Checker Cab --15-- -..;¡ '" CO -Þ- ."... Exhibit "8" MINIMUM DAILY VEHICLE PRE-TRIP INSPECTION REPORT --16-- .._----~^ 1684 1684 ~ MINIMUM DAILY VEIDCLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Service Provider: Date: Vehicle#: -------------___..--m" -----__.--n.u__- .n__.__- ____no-- __.--_n__- Inspected by: Mileage: OK Service Brakes Parking Brakes Tires and Wheels Steering Horn Instrument Lights Interior Lights Exterior Lights Windshield Wipers Rear Vision MÏITOrs Passenger Doors Exhaust System Equipment for Transporting Wheelchairs Safety and. Emergency Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Needs Repair 0 0 0 0 0 0 0 0 0 0 0 0 0 0 See Connnenœ Comment 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Connnents: Inspector's Signature: ,. - This manual was developed by the Florida Department ofTI1IDSportation Public TI1IDSit Office Page 12 of24 1684 VEIllCLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS ---_._-_.- --- ------- --------------- ---------------- '=6 =6 ~ ~ . -'. -- . This manual was developed by the Florida Department ofTransportatÎon Public Transit Office Page 13 of24 1684 Exhibit "C" PREVENTIVE MAINTENANCE PLAN --17-- 1684 -~---_....--_.._- - ----- .. ---.. __-_n___.__- PREVENTIVE MAINTENANCE PLAN FOR SMALL BUSES, VANS AND SEDANS ~ This manual was developed by the Florida Department of Transportation Public Transportation. 1684 INTRODUCTION Preventive maintenance: a tenn used to describe the performance of regularly scheduled maintenance activities on a vehicle in order to prevent the possibility of malfunctions, to extend vehicle life and to reduce- maintenance and operating- eosts-. If the-maj ority- ofyour-vehicIe-repairs-are-made-aftertheveJ:llele experiences a mechanical failure, you do not have a functioning preventive maintenance program. A well-established comprehensive preventive maintenance program is as important to a successful transportation system as the actual purchase of the vehicles. The Preventive Maintenance Plan proposed herein consists of: . making preventive maintenance arrangements; . adhering to a preventive maintenance schedule; . establishing a vehicle inspection checklist; . conducting daily vehicle inspections; . completing corresponding inspection checklists, and; . keeping a comprehensive maintenance record on file for each vehicle. PREVENTIVE MAINTENANCE ARRANGEMENTS It is preferred to make maintenance arrangements in the initial planning stages of any transportation program. If you already have a program in place it is wise to review it in order to insure it meets your current needs. Maintenance can be arranged in a variety of ways to fit your system needs: 1. Contract maintenance out to commercial mechanics. 2. Arrange for other agencies such as city or county, or school bus garages to maintain vehicles. 3. Set up an in-house maintenance program. The major advantages to an in-house program: . vehicles will be routinely checked for problems . mechanics will be familiar with the vehicles This manual was developed by the Florida Department of Transportation Public Transit Office Page I of24 1684 . and most importantly the mechanics will be your employees. 4. A combination program: in-house routine maintenance combined with other work , contracted- out. ~ ~ ~~, ---~ ---, -------~--- ---~-~,~-,~--,- ~--~- --- - Examples: Potential in house work: routine and scheduled maintenance, i.e.; oil and oil filter changes, air filter changes and PCV valve changes. Jobs to contract out: those requiring special expertise, tools or machinery. Note: If you choose to have your own mechanics and allow them to perform the preventive maintenance inspections they should meet the following requirements: . have knowledge of and have mastered the methods, procedures, tools and equipment used when perfonning inspections . have at least one year of training and/or experience as a mechanic or inspector in a vehicle maintenance program and have sufficient general knowledge of the vehicles owned and operated by your company in order to recognize deficiencies or mechanical defects. In addition to the above, you may have your inspections satisfy your annual safety certification as required by Florida Department of Transportation Safety Regulations. Your mechanics must be knowledgeable of the requirements set forth in Rules 14-90.007, 14-90.008 and 14-90.009, Florida Administrative Code. Important: For an effective in-house preventive maintenance program, the following minimal facilities are necessary: . a garage or building for vehicles to be brought under cover to be serviced . proper drainage for washing vehicles in your garage . a recycling method for motor oil and other wastes >, . equipment for lifting or jacking vehicles . a complete set of hand tools - wrenches, sockets, pliers etc. This manual was developed by the FJorida Department of Transportation Public Transit Office Page 2 of24 ~ u_, --, ~ ~ -'~-'--- - ---- 1684 PREVENTIVE MAINTENANCE INSPECTION After you have made the arrangements for your maintenance program by considering your system's - ~__n_. ------fa(Ûlities-and-personnel-strengths--and-limitations, workwith-yourdrlvers-mrd-m-ecnamcs-órreþáÌt shop-- . to develop a basic maintenance schedule. Mechanics or repair shops must be made aware of and become familiar with the minimum maintenance requirements for each vehicle along with all State and Federal requirements. With each vehicle, maintenance must be performed either at a specific mileage increment or within a specified period of time. If routine and proper preventive maintenance is not performed, the vehicle's reliability will suffer, its worklife will be shortened and its warranty provisions may be violated. A sample preventive maintenance program has been provided herein to act as a guide in setting up your program. The attached program sets forth specific requirements and preferred mileage schedules. This program will meet the needs of most companies however, as a general role, you should compare this vehicle preventive maintenance schedule with the schedule provided in the owners manual for your vehicles. Always go with the most stringent requirements. >- This manual was developed by the Florida Department of Transportation Public Transit Office Page3 of24 --..., ,- ., - ..,.-----.,-..-----'- 1684 PREVENTIVE MAINTENANCE INSPECTION MILES / INTERVALS SMALL BUS, VAN AND WAGON .. -Mileage----'-, Type- Inspection- - ,-----.. '... -- ---,------ .-- - 6,000 A 12,000 B 18,000 A 24,000 C 30,000 A 36,000 B 42,000 A 48,000 C 54,000 A 60,000 B 66,000 A 72,000 C 78,000 A 84,000 B 90,000 A , 96,000 C This manual was developed by the Florida Department of Transportation Public Transit Office Page 4 of24 .-..-., ,..." _.- - -----,.---,----- 1684 PREVENTIVE MAINTENANCE INSPECTIONS The preventive maintenance inspection is a program of routine checks and procedures perfonned on a scheduled and recuning basis to avoid breakdowns and prolong equipment life. -~-- - , ---. - .. ,,- ~- ------,-,------ - - - . The "An Inspection is performed every 6,000 miles. It is designed for the inspection, service and replacement of certain items at predetermined times and to make minor adjustments as necessary. The "B" Inspection is performed every 12,000 miles. This inspection repeats the "A" inspection items and includes certain additional items which should be inspected and serviced as indicated. The "c" Inspection is a technical and performance inspection and is accomplished each 24,000 miles. The "A" and "B" inspection items are repeated and additional scheduled items are required to be accomplished which were not part of the other inspection intervals. A. 6,000 Mll-E SERVICE AND MAINTENANCE CHECK INTERIOR INSPECTION 1. All Seats / Seat Belts Seat covering for the driver and passenger seats should be inspected for rips, tears, gouges, exposed springs and security of floor mounting. Seat belts should be inspected for proper retraction mechanisms. Arm rests should be inspected for proper securement to seats. Any folding seats should be checked for proper operation of adjustment controls. Driver seat should be checked for proper fore and aft movement and tracks should be lubricated as necessary. 2. Doors / Hinges / Latches Lubricate door hinges and latches, check operation of windows, doors, and the condition of the glass. Check condition of exit signs. Check emergency exit to insure it functions and that it is properly identified. 3. Flooring / Headliner / Side Panels Inspect floor covering for tears, rips or gouges. Inspect headliner for damage, sag or dirt. Inspect the condition of side panels. On vehicles designed to allow standees check the condition of the standee line and sign. The line must be of contrasting color at least two inches wide and the sign, prohibiting anyone from' occupying a space forward of the line, must be posted at or near the front of the vehicle. Inspect condition of the grab rails for the standee passengers. 4. Mirrors This manual was developed by the Florida Department of Transportation Public Transit Office Page 5 of24 "'--'" "-"---"-'-'- --- 1684 Check inside rear view mÎITor(s) for proper securement, adjustment and the condition of the glass. Also check the right and left exterior mirrors for adequate field of vision. ------5..----InterioF-:bightg----~_____n- .. un,- ,_.... _nn, ,------- - -- -- Inspect the interior lights and the stepwelllights, if applicable, for operation by operating door opening switches, dome light switch, rheostat and the turn signal as well as the high-low beam indicator switch. 6. Exterior Lights / Horn Outside assistance may be required when making this check. Check parking, low and high beam headlights, turn signal operation front and rear, and hazard flashers. Turn on all outside clearance lights and check operation. At this time also check lièenseplate lights, back-up lights and brake lights. All lighting must comply with the minimum requirements set forth in Florida Statutes 316.220,316.221,316.224,316.225,316.226, 316.234 and 316.235. Checkhom. Thehommust be capable of emitting a sound audible under nonnal conditions from a distance of not less than 200 feet. 7. Warning Svstem Activate ignition switch and check "trouble" lights for proper operation. If the vehicle is equipped with gauges, check proper readings after the engine has been started. Check all switches for proper and complete knobs, levers, etc. 8. Starter System / Automatic Choke /Back-up Alann When starting engine cold, detennine proper activation of automatic choke. Listen for starter drag or grind and for any belt squeal or other unusual noises during initial start. As engine warms, monitor all gauges. While depressing the brakes, shift the vehicle into reverse and check the audible back-up alann. 9. Windshield / Windshield Wipers / Washers / Blades Inspect windshield for cracks, scratches and any visible damage. Operate windshield wipers through all ranges on wet glass. Inspect condition of windshield wiper blades and arms. Replace if needed. Check washer fluid level. .. 10. Windows Inspect side and rear windows for cracks, scratches and proper operation of opening mechanisms. This manual was developed by the Florida Department of Transportation Public Transit Office Page 6 of24 ---.' 1684 11. Comfort System Operate and check heater and air conditioning controls through all selector ranges and check ---varying-fan speeds for proper-operation-.€heck-rear-unitoutput,- asapplicable:- EXTERIOR INSPECTION 12. Exterior Body and Components Inspect exterior of vehicle for signs of body damage, missing trim, decals, paint condition and any signs of developing rust. Inspect the outside of all windows for cracks, blemishes or other damage. Inspect bumpers for secure attachment or signs of damage. Inspect mirrors and mirror brackets for secure mounting, rusting or broken glass. 13. Tires and Wheels Inspect all tires for signs of uneven wear due to imbalance or improper front end alignment, check for exposed cord or steel belts, inspect valve cores, check for scrubbing or sidewall damage. Determine tread depth. Tread group pattern depth shall not be anyless than 4/32 (1/8) inch, measured at any point on a major tread groove for tires on the steering axle and no less than 2/32 (1/16) of an inch, measured at any point on a major tread groove for all other tires. Check air pressure in all tires including spare. Check condition of spare tire and mounting. Check tires for cuts, nails or other embedded foreign objects. Check wheel lugs for proper torque. Check all wheels, including spare, for any damage or improper bead seating of tire, or for any missing balance weights. Check hubcaps for secure mounting. 14. Access Doors Inspect exterior access doors and lubricate hinges or spring latches as necessary. Check fuel cap for proper fit and any signs of damage to fuel servicing pipinglhose. Check hood latch and lubricate, check retainer bar for proper operation. Secure hood open. SERVICE AND OPERATION INSPECTION .. 15. Engine Oil and Filter Under normal operating conditions, change oil and filter at every 6,000 mile interval. Check transmission fluid level and condition of fluid. This manual was developed by the Florida Department of Transportation Public Transit Office Page 7 of24 .-..-- -.'- --.",.. 1684 16. Ball Joints / Steering / Drive Line (Lubricate) Lubricate and inspect all ball joints, steering and drive lines and all other points with zerk 'fittings;-eheck-powersteering-furvisible"1;rgns'ðffhûd'lëakS~CB.ecKllie drive line UDlversar----~- joints and yokes for wear. Replace any broken or damaged zerk fittings. 17. Battery Check battery mounting tray condition (rusting or wear) and battery holddowns. Check battery case for cracking or damage. Check post and fasteners for corrosion - clean and cover with protectant. Check cables for fraying or signs of deterioration. If applicable, check and service water levels of individual cells or inspect "green" indicator. 18. Cooling System Visually check cooling system for leaks. Check the overflow tank for adequate coolant and inspect the cleanliness of coolant. Inspect the condition of the upper and lower radiator hoses and check the security of the fasteners. Check butterfly drain for snugness. Inspect water pump and engine intake at the thennostat housing for signs of leaks. Inspect radiator cap for signs of leaks or pressure loss. Before removing the cap, allow the engine to cool down. Relieve any built-up pressure in the system. Remove and inspect the radiator cap. At this time, the radiator core and the interior of the radiator housing may be visually inspected for corrosion or clogging. Also, if circulation problems are suspected, operation of the water pump and circulation of the coolant may be verified with the engine running. 19. Air Cleaner / Filters Remove air filter and inspect. Inspect air intake hoses and clamps. Visually inspect all vacuum hoses and connections. Inspect fuel line for leaks or damaged lines. 20. Belts / Hoses / Wiring Inspect all belts for signs of wear, fray, cracks, glazing and proper tension. Inspect heater hoses and connections. Inspect wiring for signs of chafing, corrosion, loss of insulation and crimping. Insure wiring does not come in contact with moving parts or heated surfaces. 21. Under Hood / Exhaust System Check transmission fluid level with the fluid warm and the engine running. Check color of fluid. for any signs of overheating. Visually inspect the transmission pan, front and rear seals, speedometer drive and dipstick tube for any signs of leakage. Visually check the transmission oil cooler, lines and connections for signs of a leak This manual was developed by the Florida Department of Transportation Public Transit Office Page 8 of24 0___"_000 0""'_'--' - 1684 Inspect exhaust system, fÌ'om the exhaust manifold to the tailpipe, for proper securement and for any signs of an exhaust leak. - B:-1-2;OO&-MII:£ -SERVICE-AND' MAINTENANCE-CHECK --_._----_.__~__mm'-_- -. '-~-"- ---.- 22. Brakes Remove wheels and inspect front brake pads and rotors for wear. Check calipers and brake lines for signs of wear or leaks. Inspect rear brake linings and drums for wear, scoring and warping. Check for any dirt or grease accumulation on the brake system. Replace or repair as necessary. 23. Operational Check Check for smoothness of acceleration, centering of steering wheel and the proper tracking of the vehicle, smoothness of turns, balance of tires and fÌ'ont end alignment. Also check for looseness in steering. 24. Transmission Check operation of the shift lever and indicator and the smoothness of shift and operation in each gear. Check for proper acceleration through gear ranges in Drive position. C. 24,000 MILE SERVICE AND MAINTENANCE CHECK 25. Wheel Bearings / Drive Shaft Remove and inspect front wheel bearings, clean and lubricate or replace if necessary. Inspect drive shaft, u-joints and slip joints. Lubricate as necessary. 26. Shocks I Springs Inspect shock absorber cylinders for signs ofleakage. Check bushings for signs of wear and the mounting brackets for secure mounting. Inspect coil and/or leaf springs for signs of damage or wear. Inspect tie rod ends, upper and lower ball joints and drag links for signs of wear. Lubricate all points equipped with zerk fittings. 27. Rear Differential Inspect rear axles and axle housing for signs of stress, wear and leaks. Check differential fluid level. (Note: Change differential fluid every other "C" inspection). 28. Engine Tune-up See vehicle service manual for details. This manual was developed by the Florida Department of Transportation Public Transit Office Page 9 of24 -...,--" -.-..-'. .,--, -. '-,'" ..------.... --"-'---'--" 16£34 29. Chan~e Transmission Fluid and Filter Remove transmission p~~~,~ fluid. If the transmission_torque.converteris equipped-with adfaiil-pfu&âiäiii fluid from it as well. Inspect debris in the bottom of pan for signs of internal transmission damage. Check the color of fluid for signs of overheating. Remove and replace filter screen. Not any abnonnalities on the check off sheet. ACCESSORIES 30: Fire Extinguisher / First Aid Kit / Safety Triangl§ Inspect the above mentioned safety equipment to insure it is in proper working order, securely mounted and easily accessible. Fire extinguisher must be fully charged, with a dry chemical or carbon dioxide, having at least a IA:BC rating and bearing the label of Underwriters Laboratory, Inc. 31. Wheelchair Lift / Tiedowns Inspect wheelchair tiedowns for secure mounting and anchoring to floor. Safety belts should be clean and properly installed. Check retracting assembly. If four point tiedowns are used, check security of floor fasteners, connectors and belts. Operate lift through all ranges and functions. Check padding and labels. Check emergency back- up system if equipped. Check interlock system. Lubricate appropriate lube points. 32. License Plates / Registration / Operators Manual Check condition and cUlTency of license plate and registration and appropriate manuals. Insure accident report forms and other appropriate documents are up to date and available in the vehicle. Check for operating manual for the wheelchair lift. 33. Air Conditioning Systems Check Each spring, prior to the season for constant air conditioning use, the air conditioning system should be scheduled for a thorough operational check. The system should be checked with the appropriate air conditioning service equipment and gauges. Check the entire system for leaks. Note: The fteon level should be checked and service as necessary. -, If the system is to be serviced with the opening of a closed system, the complete system should be evacuated, the receiver dryer replaced and the system must be completely recharged, including remgerant oil. This manual was developed by the Florida Department of Transportation Public Transit Office Page 10 of24 <--- -' --- J68;~ Note: All air conditioning work must be perfonned by a licensed and certified technician. DAILY VEHICLE INSPECTION Daily vehicle inspections are crucial to the success of a Preventive Maintenance Program. Investing a short time on a daily basis to inspect each vehicle will help detect problems early thereby improving safety and decreasing vehicle repair costs. Each driver will inspect his or her vehicle before departure by completing the Daily Vehicle Inspection Checklist. The completed checklist is submitted to the transportation manager at the end of the driver's shift so that necessary maintenance can be noted and scheduled accordingly. This manual was developed by the Florida Department of Transportation Public Transit Office Page II of24 - ..-,- -------- 1694 .' MINIMUM DAILY VEIDCLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Service Provider: , -------- ____n_..- -----,-~- ----~--~---,--- --, ------ Date: Vehicle#: Mileage: Inspected by: OK Needs See Comments Repair Comment Service Brakes 0 0 0 Parking Brakes 0 0 0 Tires and Wheels 0 0 0 Steering 0 0 0 Horn 0 0 0 Instrument Lights 0 0 0 Interior Lights 0 0 0 Exterior Lights 0 0 0 Windshield Wipers 0 0 0 Rear Vision Mirrors 0 0 0 Passenger Doors 0 0 0 ~ Exhaust System 0 0 0 Equipment for Transporting Wheelchairs 0 0 0 Safety and Emergency Equipment 0 0 0 Additional Comments: Inspector's Signature: ,. This manual was developed by the Florida Department of Transportation Public Transit Office Page 12 of24 --,-----..-,--.- ,-' ------..-....--.-.'..---------. 1684 VEillCLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS .._~~-~~- ...._-~._--,---,_.~ -.--. . --.- n ._._-~._- - . ~ E:~ ~ . -,. This manual was developed by the Florida Department of Transportation Public Transit Office Page 13 of24 . -,.,-._-- ----,._.._,-_..,~---" -' 1684 DAILY VEIDCLE INSPECTION CHECKLIST Inspect each item below. If there is not a problem, place a (I) in the box to the left of the item. If there is a problem, an item needs maintenance or if damage is found, place an (X) in- the- box-to-the-Ieft of the - item.lJ se the-box-to-tlreright-forc~mments-.--- -- ---,--,- Under Hood Comments Oil level Radiator level Battery level Windshield Washer level Engine / Hoses I Belts Interior Comments Gauges / Instruments Windshield Wipers Passenger Doors Horn Steering Brakes Blower Fans Interior Lights Cleanliness Safety Equipment Comments Flares I Triangles First Aid Kit Fire Extinguisher Back-up Alarm Accessibility Equipment Comments Fully Operable Wheelchair Lift / Ramp Proper Number of Belts / Securement Belts / Securement Devices in Good Exterior Comments Headlights Tail/Brake Lights Turn Signals Clearance Lights Windshield Wipers Body Damage Exhaust System Tires / Wheels Cleanliness This manual was developed by the Florida Department of Transportation Public Transit Office Page 140f24 "--"---"-'- -.---.-, -, 1684 NOTES TO DRIVERS ABOUT THE DAILY VEIDCLE INSPECTION The vehicle inspection checklists provided on pages 14-16 will help you remember all of the important things that must be inspected on a daily basis, and it provides an easy to follow ---~----- -- ---,sequence for perfonnÏng-your-inspection-ÌIra-!ogical'm3I1Iler. Read- tlftõfign pages xx-xx ror------- general information and to clarify any of the parts of the inspection process. Then do a dry run inspection while completing the checklist. Ask your manager if you have any questions at all about the procedure. Under the Hood Check for problems under the hood at the beginning of your inspection before starting the engine. It is easier and safer when the engine is cool. Check the engine, radiator and battery fluids. If low, make a note of it on your inspection checklist. If any fluids are below the safe level, see the mechanic for assistance. Also, check hoses for cracks or possible leaks and belts for any visible damage. Report any wear on the checklist as soon as ít begins to show. Vehicle Interior Since you will need to leave the vehicle compartment while the vehicle is running, it is a good idea to put chocks behind the wheels before starting the motor. Begin while seated behind the steering wheel. First, put on the parking brake, then turn on the ignition. Check the oil pressure, fuel and alternator gauges. If the oil pressure light stays on or the gauge shows the oil pressure to be dangerously low, turn the motor offuntil the problem can be colTected. If the alternator or generator light stays on or the gauge indicates a discharge, the battery may not be charging. To guard against the possibility of becoming stranded along the route by a dead battery, have the problem located and corrected right away. Check the windshield wipers to make sure they are working and not worn or stripped. Check the passenger door for proper operation. Adjust your mirrors so that you can see what you need to see ftom your normal driving position. When you are adjusting your mirrors, keep in mind what you want to be able to see within your. safety zone. Test your horn to make sure it works. This manual was developed by the Florida Department of Transportation Public Transit Office Page 15 of24 - -------- ._-,-----,-- - -------,--- 1684 Turn the steering wheel gently to make sure it is not loose or there is no abnormal play or stiffness in the steering assembly. Push on the brake pedal. If the tension feels spongy or soft, note this on your checklist. Your -, ---m., , , ,. ----brakes-may-need-to-be-adjusted:------_mu ". ----------- Check the blower fan to see if it works so you will be able to use the heater, defroster or air conditioner. Check the interior lights. If any lights are not working, note this on your checklist. Note on your checklist anything in the interior of the vehicle that needs attention. Safety Equipment Check your emergency equipment to make sure it is in the right location and in working order. Emergency equipment should include: . a properly charged fire extinguisher . warning devices such as cones, triangles or flares . a first aid kit Look around your vehicle to make sure it is clean and clear of trash, debris or loose items. Trash or debris left in the vehicle can be tossed about by careless passengers and can cause slips, falls and fires. A clean vehicle presents a professional image. Check any special accessibility equipment if your vehicle is so equipped. Examine any tie-downs for signs of damage or excessive wear. Make sure they can be properly secured to the floor. Check all lifts and ramps by operating them through one complete cycle. Make sure they are functioning properly. (You may have to move the vehicle to ensure proper clearance while performing this part of the inspection. This is also a good time to check the interlock system.) Make sure all doors and emergency exits are functional and unobstructed. >, Vehicle Exterior Turn on all exterior lights. With the vehicle in park and the emergency brakes still on, begin the exterior check from the ftont of the vehicle. This manual was developed by the Florida Department of Transportation Public Transit Office Page 16 of24 --, ----,,-.,,---. - 1.684 During the exterior inspection, be sure to note and report any fÌesh damage to the vehicle. Reporting such damage now may save you a lengthy and difficult explanation or report later. Space is provided for you on the Daily Vehicle Inspection Checklist to note and describe any exteriordamage;---- -- ---- --------_.,--- u_---.-..--., Check the headlights, signal lights, emergency flashers and clearance lights to make sure they are working. Check the left front tire for any signs of road damage, underintlation or missing or loose lug nuts. Check the condition of the side marker light. Check the air pressure with an air pressure gauge. Take care to maintain your tires at the recommended pressure. A soft tire is very susceptible to severe road damage. An overinflated tire causes a bumpier and less comfortable ride, especially for the elderly or disabled. Move to the back of the vehicle and inspect the left rear tire for obvious damage. Check the air pressure with an air pressure gauge. While at the back of the vehicle, check the tail lights, brake lights, turn signals, emergency flashers and any other clearance lights, reflectors or signs. Make sure they are free fÌom mud or dirt buildup. Carry a rag with you to clean any dirty lights which may be hard to see even after dark. Check the right rear tire. If there are any other lights or outside signs for your boarding doors or lift, make sure they are in place and clean. Next, look under the vehicle. Make sure there are no foreign or unfamiliar objects hanging down or wedged underneath. Listen and check for any signs of an exhaust leak. Also, visually check for puddles of fluid under the vehicle. If the vehicle is leaking fluid, report it to your supervisor. Move to the front of the vehicle and examine the right front tire in the same manner as the left 'tire and check the condition of the side marker light. Now that the engine has reached operating temperature, check the transmission fluid level. Vehicle should be on a level surface in park. Final Preparations Now, turn off all the lights and the engine and remove the wheel chocks. If your vehicle is safe and in good condition, you are finished with your daily inspection. This manual was developed by the Florida Department of Transportation Public Transit Office Page 170f24 --'---- ",".. -- .,"--"._'U",-"-- 1 6 B Lt, , . If you are not sure or not satisfied with the condition of the vehicle, check with a supervisor before driving the vehicle. Remember that any problems you experience with the vehicle during your shift should be reported so that-repairs- or-ad j ustm entg- can- be- made-as-qui cklyas-possi b Ie. -- --,-- At the end of your shift, turn in the Daily Vehicle Inspection Checklist to the maintenance manager or your supervisor. GENERAL NOTES ABOUT THE DAILY VEIDCLE INSPECTION CHECKLIST An important part of preventive maintenance is the establishment of strong communication ties between drivers, mechanics/repair garages and management. An easy way to ensure and document this communication link is by way of the driver's Daily Vehicle Inspection Checklist. Drivers should be given blank copies of the check/ist to keep on a clipboard in their vehicle. Each driver will need to conduct the inspection and fill out the check/ist before beginning their. route. Safety problems should be reported immediately before you start your route. Drivers should add comments to the checklist if a problems arises during the shift. The person designated responsible for the maintenance of the vehicles should monitor these checklists daily and schedule maintenance accordingly. The check/ist provided is a sample and you may choose to add or delete items at your discretion, provided it meets or exceeds the minimum requirements in Rule 14-90.006(7)(a) Florida Administrative Code. In any case, documented daily inspections must be. included in the permanent vehicle file. COMPREHENSIVE MAINTENANCE RECORD A Comprehensive Maintenance Record should be kept on file for each vehicle. This record should be filled out every time any maintenance is performed on that vehicle. Benefits of keeping a Comprehensive Maintenance Record on file are as follows: . provides quick reference to the vehicle . provides a complete history of repairs . identifies chronic problems . shows trends in mileage and fuel consumption This manual was developed by the Florida Department ofTransportatíon Public Transit Office Page 18 of24 .,_.,-- - -., ..----...'-..... . 1684 . track responsibility for repairs . records the amount of time vehicle is not available for service .-.-------.-,..-,..-, ---~--~_....._., "'_.__..~'.._.._-~' COMPREHENSIVE MAINTENANCE RECORD FORMS There are three basic forms commonly used for proper maintenance records. They are the Work Order, Monthly Summary and the Maintenance Log. Used properly they are a valuable tool in recognizing and correcting problems before they become costly. They are also a valuable tool for monitoring the quality of service you receive ftom a repair shop. Below is a brief description of the forms found in this manual. Work Order- This is a detailed description of a specific repair performed on your vehicle. This form should be used for either in-house or private garage repairs. It can be very helpful when you are trying to identify a chronic problem or research maintenance history. Monthlv Summary This form provides a monthly summary of the vehicles use. It will show trends in mileage and fuel consumption, provides a quick reference to the vehicle and records the amount of time the vehicle was not available for service. Maintenance Log This form provides a complete history of repairs, identifies chronic problems and tracks responsibility for repairs. The entire fleet is usually maintained in one book which will provide a quick reference to the vehicle without having to pull the file. >, This manual was developed by the Florida Department of Transportation Public Transit Office Page 19 of24 ........ -. . .,--,-- .------ ._-,.,-.,.,. -....--,-,..,.--'.. WORK ORDER 1684- Carrier Name: CHECK HERE IF ROAD CALL D WORK. ORDER # I I Vehicle No. Car --- ---- - Make - -----,- -,- Model- ----,-' YIN_-----.,.- Odometer. Reading.. - Van Bus ~ Date Date Location Shopped Released REPAIR. INSTRUCTIONS MATERIAL USED OUTSIDE REPAIRS Quan. Part No. Description Unit Price Description Unit Price $ $ $ $ COST SUMMARY Total Labor $ Total Materials $ Total Outside $ Repairs Job Total $ MECHANIC LABOR HOURS ,. This manual was developed by the Florida Department of Transportatìon Public Transit Office Page 20 of24 ---"-'---' 1684 --- ---- - '-ÿ- _.'.- ! -- 1 -- --.-- - f-- - f-- - - - f-- - I--- - ~- - ..-. ,. - - -- -- --I - -- - --- p.. ... 0 0 ~ ~ ~ > 6 Þò¡:: .5 u "O~ "'p.. ØÆ~ I) \:) ¡:;¡ 0 üO 6 e ~s 0 0 - "0 .. 00 ã "å~ ~ ";j' ~~ ~ ~ -8 ...:z .g :::a ë 00 p.. - q ]~ 5 .s IXó I Cf:I .., ~~;i~ § t >~ i!~ ~ ä :> ... 0 U ¡;.. 0 p.. C) :z ... :::a 0 ~ p.. ¡:: =~ rI) );¡ C) ë~ ¡;.¡¡ Z ~ 1:: 0 U ~ g.Ñ Z ::;13 i?i ð~ -< ;50 ::E os'" Z.. :I: ø.. :g ø.. ¡;.¡¡ I;¡ ~ 0 ~ I) 0 ~ ~>- >- u t5 ~ C) J; ..101 ~ §ê ~ ::;.8 < go ::: ... :I: û 0 ~ .s 0 '" ::E ~ .ë 0 ... ~ ~ ~ ~ < 0 ~ ~ ¡5 ~ ~ - ~ 0 ø.. gj .. ~ ~ 0 = ~ ~ ûd ~ ... => ~ 0 ~Cf:I 0 æ ~. '(; ~ >, "0 < ~ ø.. ~ ..~ gj ~ ~~ a os ::Eo -< ~ ~ .. 2 -< ... u .. ~ e ~ ~~~ E'" ~ os -NM~~~~~~O~NM~~~~~~O-NM~~~~~~o-o=~o C) Õ 0 ----------MMMMNNNNNNMM:::a~Z --_.._-----...- - - ..-...--..---.,.,.-' - MAINTENANCE LOG 1 6 B }, Vehide No. Tag#: VIN: Date Description of Repair Mileage Repaired by -- -- .--.. I ..., - -----.. --, --------. Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by >, This manual was developed by the Florida Department of Transportation Public Transit Office Page 22 of 24 . ,-,---,---.....-'- ,. ","'- -,. ----.-' MAINTENANCE LOG 1684 Vehicle No. Tag#: VIN: Date Description of Repair Mileage Repaired by . -., . -., . ., -..._----- - ,..-,,-.. Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by >, This manual was developed by the Florida Department of Transportation Public Transit Office Page 23 of24 -,'------.'-.,---' -- ..,........-..-",- ___n_" ""'------ -_.."- --'" "--.., MAINTENANCE LOG 1684 Vehicle No. Tag#: VIN: Date Description of Repair Mileage Repaired by '. ..... ... .. ,.- Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by .. This manual was developed by the Florida Department of Transportation PubIíc Transit Office Page 24 of24 '...-.---- ....-.., """"",""-"-'-""""--'-"---""""" 1688 MEMORANDUM Date: January 29, 2004 To: Robert Tipton Traffic Operations From: Ann J ennej ohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-20 School Zone Speed Limit Reduction Enclosed please find one (1) copy of the document referenced above (Agenda Item #16B8), as approved by the Board of County Commissioners on Tuesday, January 27, 2004. If you should have any questions, please call me at 732-2646, ext 7240. Thank you, Enclosure --_.._---" ,----,,"--' "'----- , ,.,'.' " ) MEMORANDUM Date: January 29, 2004 To: Sheriff"s Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-20; School Zone Spped Limit Reduction Enclosed please find a copy of Resolution 2004-20 (Agenda Item #1688) as referenced above, approved by the Board of County Commissioners on Tuesday, January 27, 2004. The original is in the Minutes and Records Department for the official file. If you should have any questions, please feel free to contact me at 732-2646, ext. 7240. Thank you. Enclosure -----'--.-.,......-.. ..-.----.-'----...--.., -- RESOLUTION NO. 2004- 20 lAB8 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING IMPLEMENTATION OF A SCHOOL ZONE SPEED LIMIT REDUCTION TO 20 MPH DURING SCHOOL ARRIV AL AND DISMISSAL HOURS, AS POSTED ON SITE ON COUNTY ROADS ADJACENT TO GOLDEN GATE INTERMEDIATE CENTER NORTH AND GOLDEN GATE INTERMEDIATE CENTER SOUTH. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, all roadways adjacent to the Golden Gate Intermediate Center North and the Golden Gate Intermediate Center South fall under the jurisdiction of the BCC and have a normal speed limit in excess of twenty miles per hour (20 mph); and WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits within school zones as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of the County's engineering and traffic investigation indicate that a reduction of the existing school zone speed limits to twenty miles per hour (20 mph) is reasonable and safer under the conditions found to exist during the times that students are traveling to and from the schools served by the subject school zones; and WHEREAS, in accordance with Section 316.1895, Florida Statutes, a school zone speed limit "may be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a scheduled school session and leaving a regularly scheduled school session." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION 1: The BCC does hereby establish a twenty miles per hour (20 mph) school zone speed limit on 20th Place SW, 50th Terrace SW, 22nd Avenue SW, and 51st Street SW adjacent to the ","_., ------, " . 1688 Golden Gate Intennediate Center North and on 44th Terrace SW, 29th Avenue SW, 45th Street SW, and 30th A venue SW adjacent to Golden Gate Intennediate Center South, and does hereby direct the Collìer County Traffic Operations and Alternative Transportation Modes Department to install and maintain appropriate school zone speed limit signs, SECTION 2: A copy of the Resolution shall be forwarded to the Collìer County Sheriff's Office for proper enforcement of the established school zone speed limit of twenty miles per hour (20 mph) at the referenced locations. SECTION 3: The effective date of the reduced school zone speed limit shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of ,2004. , :-'--"~"'3" '" .: ,',~.&l¡l'~/)"" BOARD OF COUNTY COMMISSIONERS ATIES,T,,_- ,,'\~ ¡:';"~".~,'~' 6;-.~ ' DWIGIF j>")~Q;~-~'".9!èT.~ '-() " COLLIER CO Y,FLORIDA :::; ~: ;' > :"-J '. (,:',' d :(é'§:.";""II;,,,~.. ".~.', - , ,~ ';':: -':' " ",; .,":-, : ~ Dc.. ~ By::/~:' '" ": ':'; BY: At~~"'t..' 'C'í" "~~lèrk COMMISSIONER DONNA FIALA, Chainnan 1~*} ..' c~j~ , S 'I,"" \A'>~d ""';'l,!,.Il!"lt..J ,':"" ", .. , , " " '" ' .. I~1t IbOO ~ 1:nk- l{Z'l{O4 ~d t!213{CY ~~~I~ - ----, 16812 MEMORANDUM Date: January 29, 2004 To: Barbara Lee Transportation/Road Maintenance From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Adopt-A-Road Program AgreementlGoodletteFrank Road to Golden Gate Parkway. Enclosed please find one original document as referenced above (Agenda Item #16812), as approved by the Board of County Commissioners on Tuesday, January 27 , 2004. If you should have any questions, please call me at 732-2646, ext. 7240 Thank you. Enclosure ""--' - --" -.-, . - - . ,- 163 1 ~ ..1. ,,¡jv/ ~ COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this £day of y.-"J...",~ooj,fby and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, LORI YOUNG, REAL TOR(hereinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as RADIO ROAD from AIRPORT ROAD to LIVINGSTON ROADand acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side ofthe road at a time. 9. Remove litter during daylight hours only. 16B12 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Radio Road from Airport Road to Livingston Road and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning February 1, 2004 and ending January 31 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DW~T',.I~.~pROCK,. ~ ... ~ .~ , Clerk OF COLLIER~OUNTY, FLORIDA }~ ~ 'q: '; P t!i~' ~ , DONNA 5IALA ,,Chairman GROUP: GROUP: LOR1 YOUNG, REALTOR BY: t'~~~~~7 ...... \! ,President Group's Pre~.ent (pr~J~ Group's Adopt-A-Road'~hairman (print) Group's Adopt-A-Road Cl~frman's AddreSs Phone # (day) Phone # (night) Approved as to form and legal sufficiency: ~.a~:quel~e Hubbm'd 3,.~sistant County Attorney COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COI~LIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this /~"day of tge_57' ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, PILOT CLUB OF NAPLES, INC. (hereinafter called the "GROUP"). WlTNESSETH: WHEREAS, the COUNTY and the GROLIP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as GOODLETTE-FRANK ROAD from US41 to GOLDEN GATE PARKWAYand acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perfbrm litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 tbr interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor fbr every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a satbty meeting conducted by the GROUP belbre participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times tbr their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall pertbrm litter-pick-up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one xveek prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereatter. 21. Alter each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two xvorkdays tbllowing cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is fbund that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to lneet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as GOODLETTE-FRANK ROAD from US41 to GOLDEN GATE PARKWAY and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community fbr a period beginning November 1, 2003 and ending October 31, 2005 (lninimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision fbr damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement tbr any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATT E S.T..--- "~",~, %~ ~ DWI~~; ~~i,Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA GROUP: GROU/~ PlkO~ ~LUB/~)~jNAPLF~S, INC. BY: /~/~4~,'U..~ ~'J.~~ roup'~ ~resident ~print) , Group's AdoptJA-g~d Chairman ' Group's Adopt-A-Road Chairman's Address Phone ~ (day) Phone ~ (night) Approved as to form and legal sufficiency: ~c~.uel[ine ~HubCard ' AJ~sistant County Attorney RESOLUTION NO. 2004- 2]_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES ".-3 SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000~236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 11824 This Resolution adopted second and majority vote. ATTEST; ~.i" -,. ~.., . DWIG~'i~'E; BI~©CK,, (~LERK Approged as to'~orm ano County Attorney this day of , 2004, after motion, BOARD OF COMMISSIONERS COLLIER 7~NTY, FLORIDA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 37170360009 OR' 3492 PG: 1374 *** SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hagedorn, John W=& Sharon 630 1 st St SW Naples FL 341175106 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 12 TR 136 Folio No. 37170360009 Project No. 65000 Account No. 11824 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2004. D~rf~HT E. BROCK, and,le~a~~~hCy." ROBERT ZACHARY BOARD OF COUNTY COMMISSIONERS COLLIER/~NTY, FLORIDA/ .. By: ~/./...~;~...., , ~"~'~,,~ ~ CHAII:~A~,I .... ~ RESOLUTION NO. 2004- 2.2 16C A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for th~.~ following account numbered below, subsequent to the adoption of Resolution No. 2000? 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 17462 This Resolution adopted after this major ty vote~ DWIght ~':'BROCK,, CE~K A~¢~¢m and David C~eigel County Attorney day of ., 2004 after motion, second and BOARD OF COMMISSIONERS COLLIER~fi~NTY, FLORIDA BY:cHAi~~ J~~" This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41822880001 *** OR: 3492 PG: I 9 *** SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Cangiano, Andimo K=& Helen 19055 Middlebelt Rd Livonia MI 481523543 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 95 E150FT OF TR 39 OR 827 PG 829 - 30 Folio No. 41822880001 Project No. 66000 Account No. 17462 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. [~W~GF~,'F E~. BROCK~';(~LERK COLLIER/~yNTY, FLORIDA/ .. ROBERT ZKCHARY 16C4 RESOLUTION NO. 2004-23 RESOLUTION NO. CWS-2004- 01 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL UTILITY AND MAINTENANCE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, AND ACCESS EASEMENTS FOR THE CONSTRUCTION OF A SEWER FORCE MAIN, RAW WATER MAINS AND WELL SITES REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT'S SOUTH COUNTY REGIONAL WATER (SCRWTP) 12-MGD REVERSE OSMOSIS (RO) WELLFIELD EXPANSION PROJECT, PROJECT NUMBER 70892. WHEREAS, the Board of County Commissioners, as the Governing Body of Collier and as Ex- Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as "Board"), on February 25, 2003, adopted the 2002 Water Master Plan Update for the County's Water Service area in order to establish priorities for the design, acquisition, and construction of the various water capital improvement projects; WHEREAS, the SCRWTP 12-MGD RO Wellfield Expansion Project, hereinafter referred to as "Project" is one of the capital improvement projects required under the 2002 Water Master Plan Update for the County's Water Service area; and WHEREAS, the Project involves the construction of the sewer force main, raw water mains and wells that will provide water and sewer to be treated by the SCRWTP; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said utility improvements, it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to construct the sewer force main, raw water mains and wells as part of the "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said utility improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the utility improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety, and welfare of the citizens of Collier County by allowing the construction of the raw water mains and the wells. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF 16C4 COLLIER AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the utility improvements and related facilities. 2. The utility and maintenance easements, access easements, and temporary construction easements acquisitions identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the utility improvements and related facilities for the Project. 3. The Board has determined that the construction and maintenance of the Project and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the utility improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the interests by non-exclusive, perpetual, utility and maintenance easements, temporary construction easements, and access easements as identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the non-exclusive, perpetual, utility and maintenance easements, temporary construction easements and access easements on the properties identified in Exhibit "A". 6. the appraisal The Chairman of the Board is hereby authorized to execute Appraisal Agreements with firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 7. The Board hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 16C4 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Estate Services' staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates), in return for the immediate and proper execution of the respective easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquired utility and maintenance easements, temporary construction easements, and access easements. 9. In those instances where negotiated settlements may be obtained via the "Donation Agreement" or "Easement Agreement" mechanism, the Director of the Public Utilities Engineering Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 10. That the settlement approval authority is delegated by the Board in accordance with the provisions of Chapter 88-499, Laws of Florida. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Donation Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by sworn affidavit or agreement ("Donation Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be 16 4 specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution, and the provisions of Chapter 88-499, Laws of Florida. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the Governing Board of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. This Resolution adopted on this day of ,2004, after motion, second and majority vote. ,D.C. By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CHAIRMAN Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney /' SOUTH COUNTY REGIONAl.. WATER TREAntENT PLANT (SCRWTP) A /' Œ /,; /' ¡tiP' ,/ / /1 PROPOSED 30- RA WATER TRANSMISSION MAIN . ~. / EXHIBIT 'A" Page) of .< 3QO 20' UßUlY EASEMENT FOR PROPOSED 4- PVC FORCE MAIN A ';'; EXISTING 4- SANITARY FORCE MAIN >Þ .,/ . '~7t 75 " ",; ,¡t> .,.¡þ .,,</, .,' """ .,; <II' ,,' .,,</, , ",; ," .,<!i' .,' MATCH LINE (SEE FIGURE 2) GlRIiIiLIiV ANC HANSIiN ....a FIGURE 1 4 t Q 3QOFT .,/ COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD EXHIBIT \'A;/ Page 2- of 4 FIGU MATCH LINE (SEE FIGURE 1) ) t Q 3QOFT iñ GO /' <11',,"#" PROPOSED 24- RAW WATER TRANSMISSION MAIN 5' <11"/ <11""" <11"/ . PROPOSED Œ 15' lmUTY EASEMENT- 1 <11"" ",A <11' ~~ <11"/ --+ . <11',,/ ".øØ' <11' PROPOSED 24- RAW WATER TRANSMISSION MAIN <11"'/ <11"/ "~ <11' PROPOSED 12- RAW WATER MAIN PROPOSED 8- RAW WATER MAIN / \ <11',/, / ", <11' z MATCH LINE (SEE FIGURE 3) GlRIiIiLIiV ANC HANSIiN ....a COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD EXHIBIT ''A <, Page ,3 of 5 4 MATCH LINE (SEE FIGURE 2) ", <11' ~ .. ~ ( iñ GO ", õI' t ;<C> PROPOSED WEll. SITE No.10 EXISTING 170' FPL EASEMENT 3QO Q 3QOFT "~ õI' ~PRDPDSED VELL LDCATIDN ENVELDPE (TYP) ", õI' ~ <11"" <1I"'';p ROPOSED 18- RAW.)f'TER MAIN <11" PROPOSED PROPOSED 12- ~~ -..... RAW WATER MAIN <11"/ ",; õI' .pI',<C> J <11"/ PROPOSED 20- RAW WATER TRANSMISSION MAIN <11"/ <11"" <11"/ ED 8- RA WATER MAIN <11"/ <11"/ <11'" <11"/ <11'",,; <11"/ ATER <11"/ <11',/, 5' ED /15' lmUTY EASEMENT .sI" ~PROPOSED No.23 .sI',,ø <11"/ .sI"/ .sI"/' <11"/ .sI"/ ; .sI"# <11',<#1 NG POW POLE ) <11"/ PROPOSED 18- RAW WATER TRANSMISSION MAIN ISTING 170' FPL EASEMENT iñ GO ; <11"/ PROPOSED 15' lmUTY EASEMENT ./ ./ MATCH LINE (SEE FIGURE 4) GlRIiIiLIiV ANa HANSIiN ....a 1fJÞ COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD EXHIBIT ~ 6 Page 4 of~ C 4 #> iñ GO ~ (' ~ ( / A / MATCH LINE (SEE FIGURE 3) .sI"./' ~ No.8 FIGURE 4 I '-PRDPDSED VELL LDCATIDN ENVELDPE (TYP) .sI"/ PROPOSED 18- RAW WATER TRANSMISSION MAIN ISTlNG 170' FPL EASEMENT /' t 3QO Q 3Q FT .; <11',0(1 TEMPORARY MONITORING WEll. SITE No.21 ~,.; /' ~,; ..PØ" LEGEND . SINGLE POWER POLE · · DOUBLE POWER POLE ( <l I.. 40' (TYP) "I . ) I SINGLE POLE EAST BOUNDARY OF <l FPL EASEMENT 42' 55' _~ I _. 7' I 170' ) DOUBLE POLE DETAIL COPIED FROM FPL AS-BUILT DRAWING DATED 2-24-83 ER No. 7159 PROVIDED BY: FPL NOTES: 1. POWER POLES LOCATED FROM AERIAL PHOTOGRAPH 2. THIS MAP WAS PREPARED TO SHOW PROPOSED RAW WATER TRANSMISSION MAIN IN RELATIONSHIP TO THE FLORIDA POWER AND LIGHT EASEMENT AND IS NOT FOR CONSTRUCTION OR PROPERTY RECORDING PURPOSES. 3. PROPOSED WELL LOCATIONS ARE APPROXIMATE. PROPOSED WELLS WILL BE LOCATED IN EASEMENTS OUTSIDE OF THE FPL EASEMENT AND SHALL BE A MINIMUM OF 100 FEET FROM FPL POLES. GlRIiIiLIiV ANa HANSIiN ....a COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD EXHIBIT ~') \I Page ::) of S FIGURE 5 16C w z :J I- Z W ~ W (I) L5 I--.J a.. IlL. I- ~ 15' UTILITY 3: EXISTING POWER POLE c.o PROPOSED 16"-30" RAW WATER MAIN I I'I")~PROPOSED ELECTRICAL, INSTRUMENTATION I ~ lAND CONTROL CABLES ~ I . LJ 40' 115' , I SECTION A-A (TYPICAL SECTION FOR RAW WATER MAIN) NOT TO SCALE GRIiIiLIiV ANa HANSIiN ....a COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD 16C4 COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT MEMORANDUM DATE: January 8, 2004 TO: James W. Delony, P.E., Utilities Administrator Roy B. Anderson, P.E., Director - PUED FROM: Mohan Thampi, P.E., Senior Project Manager f~ RE: SCRWTP Well field Expansion for 12-MGD Reverse Osmosis Expansion Alignment Analysis and Recommendation, PUED Project 70892 The well field design and permitting project for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis expansion to 20 million gallons per day (MGD) was identified in the 2002 Water Master Plan and adopted by the Board of County Commissioners on February 25, 2003 as Agenda Item lO(B). The purpose of this memorandum is to summarize the investigations conducted to establish, evaluate, and compare a~ternative routes for the well transmission mains and alternative sites for the wells intended to convey water to the SCRWTP. The project will increase the raw water reliable capacity available to the SCRWTP by approximately 16 MGD yielding an increase in finished potable water of approximately 12 MGD. Greeley and Hansen LLC is the consultant charged with the completion of the pipeline route study and well site investigation. Water Resource Solutions (WRS) is advising on the apparent suitability of the well sites from a water production and water use permitting purview. The investigations consist of the following principle elements: · Acquire and develop basic data needed for the pipeline route and well site selection process; · Develop alternative configurations; · Evaluate and compare the alternatives; · Prepare recommendations for the raw water pipeline alignment and well site locations based on the results of these investigations. The methodology employed to identify the recommendations for the well transmission mains and well sites consists of the following major elements: · Focus on area of apparent advantageous hydrogeologic conditions; · Identify potential pipeline route and well site alternatives; · Develop engineering, regulatory and non-cost identifiable criteria against which the alternative pipeline routes and well sites are evaluated and compared; · Evaluate the permitability and constructability of the alternatives in the field; · Prepare preliminary opinions of project cost for purposes of comparing the alternatives; Page 1 of2 IhC4 . Select and prioritize the non-cost-identifiable criteria for this project; and . Prepare recommendations for pipeline routes and well sites, considering all of the above. Greeley and Hansen LLC conducted a feasibility evaluation of this project in August 2001. Each route and well site identified considers a maximum 30-inch diameter pipeline and 23 wells capable of producing a raw water reliable capacity of 16 million gallons per day. Hydraulic modeling was performed to size the raw water transmission mains based on a maximum flow from individual wells of 700 gallons per minute (1 MGD). Three pipeline route alternatives and 49 well site alternatives were identified and evaluated. In order to compare alternatives, it was necessary to acquire information on the various factors that affect the suitability and cost of each alternative. Comparative evaluations of the alternatives included the development of probable construction costs, wetland mitigation, and land acquisition costs. Pertinent criteria, including safety, environmental, long range planning, and other criteria, which are not readily cost identifiable, were also assessed. These factors were evaluated with respect to each alternative alignment in order to rank the alternative sites and alignments. The selection of the pipeline routes and well site alternatives included consideration of roads, utility corridors and environmentally sensitive lands. Alternative routes were identified based on field observation and review of collected data. Pipeline routes and well sites were identified to minimize acquisition of easements. Many easements have been identified and will be required prior to construction of the project. In general, easements required for pipelines and well sites have been identified along property lines and in the comers of properties to minimize impacts to the property owners. Figure 1 shows the proposed pipeline route and recommended well sites. Nearly all of the backbone of the raw water transmission pipeline is within the Florida Power and Light (FPL) utility easement. A Mutual Use Agreement has been negotiated with FPL for use of this easement corridor. The recommended pipeline route and well sites are the least costly, have minimal general public and traffic impacts, and avoid environmentally sensitive lands. Estimated construction costs for this project were developed from bids for recent similar projects. The total estimated construction cost for the major portions of the project are as follows: Description Wells and Pipeline 1-75 Pipeline Crossing Generators Total Project Estimated Costs Cost $17,250,000 $1,750,000 $2,000,000 $21,000,000 Page 2 of2 16C4 MEMORANDUM Date: January 29, 2004 To: Cindy M. Erb Sr. Property Acquisition Specialist From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No. 2004-23/ Resolution No. CWS 2004-01 Enclosed please find one (1) copy of the document as referenced above (Agenda Item #16C4), as approved by the Board of County Commissioners on Tuesday, January 27, 2004. If you should have any questions, please call me at 732-2646, ext 7240. Thank you. Enclosure (1) 1-------·· ......... ............------ --. - .,.^..._~.,-~-~"".___.,-1'"_... m~··,,,,... .....r........... -nV"TLmut:.:" LVVoJ, R 26 E II II ..-.-....-...----.....-............- -SOUTH- COUNlY REGIONAL _~_~T[R "'fATN"fSC~ i;' ~;~,~?~,l, --",",-'--',~-';_,_::,'.""'..''" ./-/'/~ /:/ i ¡// I ;/ ¡ /í ~Jf ~//I pi! ¡ ~I/ ;; // 'l ;::/ 16- TRANSMISSION t.AAlN ~~ [I , ~~Ii ~ 1 ~Ii ~:!J1E~~,ILI;!~~:tt.!ß~c,,ßº~.;;""''"'''''',''''''''''·?''--''i,.'''2''·'1 ' '1 ,,0(- r I, II Ii il II I! II " "jL"""","",", il Ii :1 :i I' . ....···-f·_..--~_·- (1).\ 01 "'" I- 4 (I) o It') I- ¡ ..........~j_..,-" -~~~~ , Ii ..-...j ! \, I " ",-- ,,'-..... ~_Jj' [: '--'1' ~<¡'('--- .tv,! I ~~r ~3~) 5': 30- TRANSMISSION -~/Nrêp --_~srA1"ë --"---JS I I - [I ~!I ði ~I ::)'1. 8/11 , 2'4-TRANSf,flSSïb¡.r..4ÄfN1II !II ,I, ,II ill I'¡I .I Ii! 1 ~I ~, EXISTING 170' FPL EASEMENT ,'" .tv ') ~' -- j 10 20' TRANSMISSION t.AAlN A¡5 ,.0- " i I ! ! i i i n 22 ...-----_.._..~..........-.--. R 26 E 2000 1000 0 2000 I I I I SCALE IN FEET ClR..L..V ANa HAN..N LLD FIG ..36 t ¿ 1,3 24· R 27 E RE116C4 R 27 E COLLIER COUNlY GOVERNMENT SCRWTP WELL FIELD EXPANSION PROPOSED RAW WATER TRANSMISSION MAIN AND WELLS NOVEMBER 2003 16B4 MEMORANDUM Date: August 18, 2004 To: Joan Smith Property Acquisition Specialists Real Estate Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Execution of Easement Agreement SCRWTP RO Wellfield Expansion, Folio 00411040002 - Mr. Walter George Zarzycki, Jr. Enclosed please find one (1) copy of an Easement Agreement, as referenced above, approved by the Board of County Commissioners on January 27, 2004 (Agenda Item #16C4.) If you should have any questions, please contact me at ext. #7240. Thank you. Heidi Enclosure(s) ..__.~.... 16C~ MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Joan M. Smith (ext. 8719) Real Estate Services DATE: August 17,2004 RE: EXECUTION OF EASEMENT AGREEMENT SCRWTP RO - Wellfield Expansion, Folio 00411040002 MI. Walter George Zarzycki, JI. For execution by the Chairman of the Board of County Commissioners, please find attached one (1) original Easement Agreement concerning a previously approved item. The Board of County Commissioners approved this item on January 27, 2004, Item 16 C 4. Thank you. Attachment as stated _._---_.~,-_.,- 16C4 PROJECT: SCRWTP Wellfield Expansion PARCEL NO.:839 & 939 FOLIO: 00411040002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this II day of Q< ~ ~, 2004, by and between WALTER GEORGE ZARZYCKI, JR. (hereinaft r referred to as "Owner"), whose mailing address is Lot 512, 100 N.E. 6lh Avenue, Homestead, Florida 33030-6265, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of utility facilities, and access to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Utility"), which is attached hereto and made a part of this Agreement; WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive Access Easement for the purpose of access to, over, upon and across the lands described in Exhibit "B" (said easement hereinafter referred to as the "Access"), which is attached hereto and made a part of this Agreement; WHEREAS, Utility and Access is hereinafter referred to as the "Property". WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . Owner shall convey the Property via an Utility Easement and Access Easement to Purchaser for the sum of $2,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and) such liens, ----- EA - UE/AE Easement Agreement 16 C /4 Page 2 encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the land underlying the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the land underlying the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the land underlying the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock EA-UE/AE 16C4 Easement Agreement Page 3 is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11 . This Agreement is governed and construed in accordance with the laws of the State of Florida. INWITNESS ~;~' the parties hereto have executed this Agreement on this ¡ I day of AfÁ , 2004. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: 8 -li- 1.004 '\ . t' 'J Í',f(ù , O/.. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE""""'" GOVERNING BOARD OF TH~COL.LIER """ COUNTY W ATER-SEWER'DfSTRJCT ' , , ATTEST: DWIGHT E. BROCK, Clerk ,- "'? d:~'1 :iexhüW ,10 1'. BY: ~~ VdJe. .' -At&S'P¡>.~' cawh.n'1 DONNA IALA, Chairm~n"<,, . AS T6:ê1w.~òR1J. ",,' DATED: Jf-//-CY'/ .' (Print or Type) . sl~ ' iK0~ tJd~~~ WALTER GEORGE ZARZYCKI, JR. ? Lot 512 100 N.E. 6th Avenue Homestead, Florida 33030-6265 Approved as to form and legal sufficiency: ltem# \faC4 Agenda l-a7 ...ðrl Date ï Date 8-l8-0~ Rec'd ktÝ~ Ellen T. Chadwell Assistant County Attorney EA-UEJAE PROJECT PARCEL FOLIO 70892 q3 'I OÒ4-IIO <fQo OZ .', EXHIBIT A Page , of _I 16 C l, SKETCH AND DESCRIPTION OF A 15' TRANSMISSION MAIN EASEMENT IN ll-iE' SW 1/4 OF ll-iE SW 1/4 OF SECTION 11, "f'tW 50 S. RGE 26 E. COLUER COUNTY, FLORIDA ., S 1/2 OF THE N 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO Nð.: 00411040002 -W'-15' 170' F.P.&l. R/W EASEMENT Þ- W ~~'¢ W~LL""""" ~20~ LLWN~ OI..........(f) ¡-...:~LL WLL(f)O 20 '¢ --.J W "- N I ...... 1-..........1-.-- (f).-- ::> « LL:> ~ (f) 0 (f) / ., ¡, ~~ ( L - / DESCRIPTION: THE WEST 15 FEET OF THE EAST 170 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. :;;,~;;;~ L86773) PROFESSIONAL SURVEYOR AND MAPPER FLORIQA LICENSE N$;!. L"c; 1-876 THIS ~ DAY OF~ 2003. KEY: F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-Of-WAY THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVE)'JNG AND MAPPING 3900 COLONIAL BLVD., SUllE 4. FORT MYrnS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNM CHECKED BY: J.N.W. PARCEL DESCRIPT10N: DATE: 11/14/02 SCAlE: 1"=100' 15' EASEMENT IN THE SW 1/4 Of THE SW 1/4 Of SEC 11-50-26 PROJECT No: 020901 DWG No: SEC11-P9 REV: 9/03 SHEET: 1 Of 1 PROJECT PARCEL FOLIO ¡D89z ~. B?/i Où4 J 1040002... EXHIBIT 1L Page \ of -J.......M 16C4 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THP!iW 1/4 OF lHE SW 1/4 OF SECTION 11, TVtP 50 S. RGE 26 E, COWER COUNTY, FLORIDA , S 1/2 OF THE N 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE S"!J1/4 FOUO NO.: 00411040002 ~17Q' F.P.&L. R/W EASEMENT - w ~~.q- W"-LL"-... ~zo.- LLwN3: OI"-...(J) ¡-':'''-LL w!.L(J)o Zo .q- -.J w"-... ¡-.:.~~..- (J).- ::;.. « !.L:;:.. ~ en 0 (J) . / . I t' ~~ J DESCRIPTION: THE EAST 170 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~;~-~~~~~~ la677J) PRØ~~io~kL SUR'ÆYOR AND MAPPER FLORIDA LICENSE NQ. LS 4876 llilS ~'fiAY OF ~ 200..::2. IŒY: F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlw SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N. W. PARCEL DESCRIPTION: DATE: 12/10/03 SCAlE: 1....100. 15' EASEMENT IN THE SW 1/4 OF THE SW 1/4- OF SEC 11-50-26 PROJECT No: 020901 DWG No: SEC11 AE -P9 SHEET: 1 OF 1 REV: 16C5 ) ... MEMORANDUM Date: February 25, 2004 To: Lyn M.Wood From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract Agreements between the Board of County Commissioners and EMA, Inc., Revere Control Systems, Inc., and Control Instrumentation, Inc. Enclosed are three (3)sets of three (3) original documents, as referenced above (Agenda Item #16C5), approved by the Board of County Commissioners on Tuesday, January 27, 2004. One set of each document has been kept for our records and one of each has also been forwarded to the Finance Department. If you should have any questions, you may contact me at extension #8411 Regards, Enclosures AGREEMENT 16C5 THIS AGREEMENT is made and entered into this 2ih day of January, 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and EMA, Inc., authorized to do business in the State of Florida, whose business address is 2180 West S.R. 434, Suite 6100, Longwood, Florida 32779-5013 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating January 31, 2005, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16C5 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Mark G. Wehmeyer, P.E., Vice President EMA, Inc. 2180 West S.R. 434, Suite 6100 Longwood, Florida 32779-5013 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page -2- 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any persol06nn ~ manner whatsoever, county facilities for any improper, immoral or offensive purpose, or~; any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- 12. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Do,ls,g.oi, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums Page -4- whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable Page -5- equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or Page -6- materials of Owner or Owner's separate contractors, Contractor shall be cha, J~v~ th~ same, and any monies necessary to replace such loss or damage shall be deducte~fro-m any amounts due Contractor. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Page -7- Documents, that the entire balance found to be due Contractor is due and plaG. CFi51 payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out Page -8- verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04-3536, 1 ~~d5 any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ." ATTEST: Dwight E.}3r;?~k~·,<D,~e,r.~ of Courts ". 20J t...tili·,j " BY:~~~~~~J.ð~ ~ :::,. "~'<j :."l','I/'¡,._,:- ::~.. -.. \_~ ~ Date~:t~"<:l'j;:/'~Y::~ : .; -4 : ,.lAb.-<Q$'0: 1'"" : ::.- <I ,,,,,,,~~.,,.' .(.;, :: Att.sf~~:*..~t~.~é),:·;· . sigAnd,"'.:' :¡'\;'," ,,- "J{,/ tlJ 1.;1 \-, .,1'\\ I 1,1..,1' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - Commi sioner Donna Fiala, Chairman Jh~,J cAu.-L . First ~ness :{r.lILU (~v~fb<---{ /~ Type/Print Witness Name -1l~ 0 Ir~ Second Witness By: Mark G. Wehmeyer, P. Typed Signature Executive Vice President Title 11\L~~ L. \ÀuGUXf Type/Print Witness Name CORPORATE SEAL (Corporations Only) Teach Assistant County Attorney Item # IIø e. 5' 1- :J.. 7 ~otl Agenda Date ~~;~d J.'~!J. 01- Page -9- ~~"_'..·_."_''''··''~'"__'.·'_N EXHIBIT A PUBLIC PAYMENT BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- Signed, sealed and delivered in the presence of: PRINCIPAL: 16C5 By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,as of corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety - "" - ---'--"'~-'-"'-"--'~--~.'._~"""'-""-"'-'-'- 200_, by _ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -11- 16C~ Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -12- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- This instrument shall be construed in all respects as a common law bond. It is expressl!~I~n~#l's~od,~ that the time provisions and statute of limitations under Section 2§§.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this ~ day of 200 , the name of each party being affixed and these presents duly signed undersigned representative, pursuant to authority of its governing body. by its Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of 200 , by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page-14- ATTEST: SURETY: 16C5 (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) Witness as to Surety Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of 200 , by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. He/She is personally known who did (did not) take an My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM 16C5 Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $. paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 200 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ,200 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -16- EXHIBIT C FORM OF CONTRACT APPLICATION (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: 16Cfi' FOR PAYMENT Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ __% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date % % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through ~ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page-17- EXHIBIT D CHANGE ORDER 16C5 CHANGE ORDER NO. TO: CONTRACT NO. 04-3536 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) $ Present Agreement Amount The time for completion shall be (increased/decreased) by ~ calendar days due to this Change Order. Accordingly, the Contract Time is now (.~) calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: CONTRACTOR: ,200__ OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page-18- EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION 16 5 OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -19- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: 1605 The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on .,2004 By:¸ Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ., 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 By: OWNER Type Name and Title Page -20- EXHIBIT F CERTIFICATE OF FINAL COMPLETION 16C5 OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -21- 16C5 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,2004 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 By: OWNER Type Name and Title Page -22- EXHIBIT G 16C5 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CORPORATE SEAL CONTRACTOR BY: Attest: Page -23- EXHIBIT H 16C5 Collier County Standard Fee Schedule RFP 04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician Programmedlntegrator Mark-up for Parts $65.00 per hour $100.00 per hour 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page-24- h~_ld--~d4--~d~d4 ~d~:51 DJ LINDER ~ ASSOC. 612 371 ~99~ ~2~ ACORD. CERTIFICATE OF LIABILITY : ONLY AND CONF~R~ NO NIGHT~ UMUN TH~ ~ I IPIU~= Dennis ]. Linder & Associates An aff~3iate of American Agency, Znc. i5 North 12th Street Minneapo]~s, MN 55403 E~tA, /nc. 1970 Oakcrest Avenue Suite 1OO S: Pau3 ~ HN 55113 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . ALTER THE COVe. RAGE.AFFORDED BY THE. POLI.C les BELOW. INSURERS AFFORDING COVERAGE NAIC # ~NSURER~ S~ PaUi F~re & t4ar~ne 24767 INSURER B; INSURER C: INSURER D: INSURER E; THE POUCtES OF INSURANCE LISTED BELOW HAVE BEEN I~SUED TO Tile IN~URED NAMED ABOVE FOR THE POLI~Y PERIOD INDICATED, 'NoTVVIT'HSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC;UMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMIT$ SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iN3R I~D[~i POLi~ll~ ~ppeG"llVE POUCy EXPII~(~N ...... LTR IN,R! TYI~.. OF iNSURANCE pOUCy NUMBER DA"T~ IMM/~3BIVY! ~IA'I~/MMIDD~e~I LIMIT~ GENERALLt~kI~ItJTY ~K063i0839 01/01/2004 01/01/2005 ~C. ooCuRRENC~ s' i,0o0,'00~ ~ , DJ~aAGE TO RENTED $ 100 00{ X I COMMERCIAL GENERAL LU~BILFr'Y _ p Ft F Ul~lee[/[=~ ~ lflR~l m { CLAIMS u~ ~ OCCUR ZNCLIJOES .* MED ~ (Any one .ersan) ~ 5,001 A X XCU CONTRACTUAL LZABTLTTY iPeRSO~U~&~V~aUm' S ~' B~AD FORM PD OPERAT/ONS OF SUBS- ' GENERAL AGGREGATE $ 2 ~ 000 ! '_N'L AGGREGATE LIMIT APPLIES PE~ CONTINGENT PRoDuC?s- COMe~ ^~O S 2~000,00~ PRO- AU~O~os,~ U~eUTY CK06310839 01/01/2004 01~01/2005 ' aDVerteD S~N~ U~T ANY AUTO (Ea No,dent) 1 , 000. ALL OWNED AUTOS BODILY INJURY ~' SCHEDULED AUTOS (Per per, an) X HIRED AUTOS BODILy INJURY ~- NON-OWNED AUTOS (Per . pROPERTY DAMAGE ~ (Per accident) GARAGE LIAEIILITY AUTO ONLY · EA ACCIDENT $ __._~ANYALrl'o ' OTHERTHAN EAACC t~ AUTO ONLY; AGO $ ~XCESS/UMBRELLAUAmLffY CK063'i0839 01/01/~004 01/01/200~" ~OHO'CCU~NC~ : 5,000,,00~ A UMBRELLA FORM X~ DEDUCTIBLE ~T~Nr~oa $ 10, O01~ S .. WORKER'S COMPENSATION AND WVA63104;[~ 01/03./2004' 01/01/7.005 X WCgYATU- ! IOTH- ToR, y I I'M TS I I I:1::{ EMPLOYF-J~$' UAEUUW E, L, ~H ACCIDENT ~ 100, A ~NY PROPR~E-rOR/PAJ~T~CLffP~E ...... OFFICER/MEMBER E~XCLUDED? E,L, DISF_J~SE · EA EMpLoYEE $ ].00 ~ 00! C:~s. dee=lbe under Ec,~ F~O~SmNs ~ ~.~ O~SE^SE- .oLic~ U~n s ,500 ~ OTH E R DESCRIP TM OF OP~[RJ~TIONS I LOC. J~101~$ I VF--qlCLE$ I E-X:CLU~II~k~ ADDED ~ ENIX)I~F-J~T I S~ _C_UkL FROV/JgON~ ontract #04-3~36 - "Annual Contract for ~nstru~entation, Contro}$, Telemetry and SCADA Zntegratlon Se~v~ ces ~ddit~ona~ Tnsu~ed (Genera~ Liability): Conifer County Board of Comrissioners CERTIFICATE HOLOER Collier County Board of Coemiss~oners Co13~ee Cry Govt Purchasing Dept At:n Lyn ~ood, Purchasing Agent 3301 E Tamiamt Trail Puechas~ng B~dg Naples, FL 34112 ACORD 2B (2001/08) CANCELLATION ~ttOULD ANY OF THE ABOVE DES~RIBEI~ POLICES BE CANCELLED BEFORE THE EXPIRATION DAT~ THEREOR THE ISSUING INSURER WlLL ~X~ MAIL .... ~O DAYS WRITTEN NOI1CE TO THE OERllF[~ATE HOLDER NAMED TO THE LEFT, ......... iiiXI/.~OtX~W. ............ XX AUTHORIZL=O REPRESENTA1T~f! Dennis Linder/PSB ©ACORD CORPORATION lSB8 02/04/2004 WED 11:32 [TX/R[ NO 9766] FEB-04-2004 09:31 D3 LINDER ~ ASSOC. ~12 371 2~99 P.03/05 IMPORTANT 16C5 If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of thls form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 02/04/2004 WED 11:32 [TX/RX NO 9766] ~-~4-2004 0~:~1 D~ L~N~ER & RS$OC. ~Z2 ~71 2099 P ~4/0~ .o~¢~ (6].2)371-2080 FAX (6:].2)371-2099 'THIS CERTIFICATE IS I$$UEDAS A MJb,, ,,,-R.~ ONLY AND OONFERS NO RIGHTS UPON THE, :~R~ ] Denn-i s :1, L'inder & Asso¢'iateS HOLDER, THIS CERTIFICATE DOES NOT AMS, An aff:~ 1 'i ate of Amer'i can Agency, Tn(;. ... ALTER THE ¢OV. ERAGE AFFORDED BY THE f 15 North 12th Street Mtnnea?ol is, RN 55403 INSURERS AFFORDINO COVERAGE NAIC # INSUREn EMA, ThC. I'SUa~R~ Conttne.n. ta~ .casualty Company .. 1970 Oakceest Avenue tNSUeE~B; Suite 100 INSURER C: St. Paul, MN 55113 INSURERO: INSURER E: THE POLICIES OF INsuRANce LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE F'OR THE POLICY PERIOD INDICATED, 'NOTWFFHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DF_~CRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, POLICY EFFECTIVE POLK:Y EXpII~k~ON LIMIT~ ~N3R ~DD'L Typla OF INSURANCE POLICY NUMBER Dilkql~ ~MMl~O~ft DA?~ ~MM/I~O/YYI LTR GENERAL aBILITY F-ACH OCCURRENCE $ DAMAge TO RENTED $ COMMERCIAL G~NERAL LIABILITY pe~M1R~ IF. . --~ CLAiMS MADE r~ occuR; MEo EXP (Any on~ ..on) $ PERSONAL & ADV INJURY S ~ GENERAL AGGREGATE GE~N'L AGGREGATE LIMIT APPLIES pER: PRODUCTS ' coMpIoP AGO ""~ POLICY ~"]pRO' JECT ~ LOC AUTOMOBILE LIABILITY CONII)tNED 8INGLE LIMIT $ ~ (Ee ANY AuTO ALL oWNED AUTO8 aODILY INJURY (pe~ per~n) SCHEDULED AUTOS H1RED AUTOS BODILY INJURY NON.OWNED AUTOS (I'm' PROPERTY DAMAGE $ - (War a~Sent) GARAGE UAmLrrY AUTO ONLY. EA ACCIDENT $ '~ANY AUTO OTHER THAN EA ACC $ .. AUTO ONLY: AGO $ EXCESS/UMBRELL, A LiABILiTY EACH OCCURRENCE $ IOCCUR E~ CLAIMS MADE AGGREGATE ~EDUCTiBLE $ RETENTION $ ~ WG '~TATU- I IOF_T~R'" $ ' WORKERS COMPE~L~AT1ON AND I TORY ~ tMITS ] EMPLOYER~' LIABILITY E.L. EACH ACCIDENT ANY pROPRIETOR/PARTNER/EXECUTIVE OFFICERff,,IEMBER EXCLUDED? EJ. DISEASE · EA EMPLOYEE $ Ifyea. describe un,er F.L DI-~EA8E . POLICY LIMIT $,,PECIAL PR,OV~SION8 ~r~tects/EngSneees AEAO06131381 oi/ol/zoo4 0~/01/2o0S $3,o00,ooo Each Claim A ~rof L~ab (Claims $3,O00,000 Aggregate 4ade) ., D~$GRIPTION OF OPERAqlON~ i LOCATIONS I VEHICLE~ I EX~LU~dOM~ ADDED lily ENDOR~EM .ENT t SPE~IAL P. Ro~.aON$_ ~ gontract #04-3536 - "Annual Con~ract for Znstrumen:at~on, Lon~rols~ ~e~emetry and SCADA Tntegrat~on ~erv~ ces rh~s policy (;overs the PROFESS/ONAL SERVTCES of the named ~nsured for all p~ojects & the l~m~t of l~abJ]~ty shown sha]l not be construed to be applied to th~s project only, GERTIFICATEHOLDER Co~er County Board of Cce~¶ss~oners Collier Cry Govl:, Purchasing Oept Attn Lyn Wood, Purchasing Agent 330! E Tamiami Trail Purchasing B~dg Naples. FL 34112 ACORD 26 (2001/08) ,CANCELLAlqON IHOULO ANY OF 1tie ABOVE DESCRIBe] I:'OI.lClL;~ 8£ CANCELLED BEFORE THE EXPIRATION DAT~ THEREOF, THE 15SUING INSURER WILL ~[X~ MAIL , ~0 . DAY~ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~X~Lt~~XXXXXXX AUTHORIZED RElaRL~ENTA~IVE Dennis L~nde~/PSB ~LACORD CORPORATION 198 02/04/2004 WED 11:32 [TX/RX NO 9766] n~-~-~4 ~:d~ DJ LINDER & ASSOC. 612 37i 2099 P.05×05 IMPORTANT 1605 If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed, A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverae side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or aRer the coverage afforded by the policies listed thereon. 02/04/2004 WED 11:32 TOTAL P.05 [TX/RX NO 9766] To: From: Date: Subject: Memorandum Bonnie Zinn, Finance Linda A. Houtzer, Minutes & Records Sue Hebbe Purchasing Technician March 10, 2004 RFP 04-3536 "Annual Contact for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contract Proposal Copy's for: DCR Engineering Services, Inc. EMA, Inc. Revere Control Systems, Inc. Bonnie & Linda The attached are copies of the submitted proposals for the above referenced vendors that we now have fully executed contracts for. Thank You Purchasing Department Board ~o ~ mmi: ~ 6¢ida ners : ¢i~PO;al fo~ Annual contract for InStrumentation' :'controls, Telemetry and SCADA Integration Services EMA, Inc. Unking People & Technology for Business Results RFP #04-3536 er 24, 2003 EMA, Inc. 2180 West S.R. 434, Suite 6100 Longwood, FL 32779-5013 407.865.6601 '4'~ax www.ema-inc.com 16g5 ~ Linkin,-, p~ , ioess'~es~\t~"/" ~ October 23, 2003 Dennis McGee c/o Purchasing Department Collier County Government Center 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 RE: RFP #04-3536 - Annual Contract for Instrumentation, Controls, Telemetry, and SCADA Integration Services Dear Mr. McGee: Included herewith is EMA, Inc.'s proposal to provide consulting services for the above project. EMA is a nationwide consulting engineering company specializing in process control, SCADA and technology design, and implementation to the water and wastewater industry. Upon review of our proposal we trust you and your staff will find that EMA is the best choice to assist you with this project for the following reasons: Our core business is built on projects similar to yours. EMA has been in the process control and SCADA system design and implementation business for 28 years. Our clients include large and small public utilities throughout North America, including New York City, Massachusetts Water Resources Authority, Baltimore, Orange County, FL, and over 200 others. This is our business and we firmly believe no one does it better than us. We have assembled a highly qualified staff in our Orlando area office to conduct the work. In addition, we have teamed with Allan Miller of LMClS, Inc. (Parkland, FL) and L-3 Communications/Scandia Technologies (Largo, FL) to offer Collier County unsurpassed emergency response and communications technology services. Please contact me if you have any further questions. We look forward to working with you. Sincerely, Mark G Wehmeyer, Vice President EMA, Inc. TABLE OF CONTENTS 16C5 SECTION 1 - PROPOSER'S CREDENTIALS SECTION 2 - STAFF CREDENTIALS AND RESUMES SECTION 3- PROJECT REFERENCES SECTION 4 - EQUIPMENT AND SOFTWARE CAPABILITIES SECTION 5- PROJECT AND SYSTEMS UNDERSTANDING SECTION 6- COST PROPOSAL AND EMERGENCY WORK APPENDIX A- SUPPLEMENTAL INFORMATION Statement of Litigation Proposer Qualification Form Insurance Requirements Certification Volume of Work Previously Awarded Proposer's Checklist Proposer Declaration Statement Qualifications and Credentials of Bidder and Staff Survey Licenses TOC.doc i 16C5 PROPOSER'S CREDENTIALS EMA SPECIALIZES IN UTILITY I&C, SCADA AND TELEMETRY/INFORMATION SYSTEMS Founded in 1975, EMA, Inc. (EMA) is an information and control consulting firm specializing in the evaluation, planning, design, implementation, and integration of technology systems for water and wastewater utilities. As clients' needs have evolved, EMA broadened its services to include management information systems, communication networks, systems integration, and performance improvement services. Our primary focus has been and continues to be on the utilities industry. This focus means we are able to understand your business needs in depth. Our knowledge of the industry, coupled with our technical expertise, enables us to provide practical - yet powerful - designs, solutions, and guidance. EMA's philosophy is "linking people and technology for business results." We understand that helping you succeed in a changing environment requires an approach that encompasses practices, technology, and organization. Information and technology are powerful "enablers" for productivity improvements. EMA's areas of technical expertise include: · Wastewater treatment and collection SCADA systems · Water treatment and distribution SCADA systems · Data communication and telemetry systems · HMI applications programming · Control and information system integration · Management information systems (MIS) · Local and wide area networks (LAN/VVAN) · Maintenance management systems (MMS) · Geographic information systems (GIS) · Laboratory information systems (LIMS) 16C5 · Administrative information systems, including finance, human resources, customer information and billing, etc. · Management consulting services, including redesign of utility and operations & maintenance (O&M) practices and procedures Organization development consulting services, including team building and human resource systems development to implement broad banding and skill-based compensation SCADA and Control Systems Expertise Our expertise includes experience gained on over 200 SCADA and control system projects with all major vendors, middleware products for ease of integration, and web-accessible SCADA systems. EMA provides flexible, comprehensive services for all project phases, including technology planning, feasibility studies, system requirements definition, detailed design, application software, and implementation services. EMA's SCADA/telemetry communications expertise includes the following: · Point-to-Point Microwave · Fiber Optic · 950 MHz Multiple Access Systems · Leased-Lines · Dial-up Telephone · Cellular Data (CDPD, GSM/GPRS) · Satellite · Spread Spectrum Radio Technology Staff Experience With a staff of over 235 professionals, EMA is the largest and most experienced automation consulting firm in the United States specializing in water and wastewater utilities. Many of our staff members worked for water and wastewater utilities prior to joining EMA. EMA's experienced staff keep abreast of the latest industry developments through involvement in national organizations such as the Instrument Society of America (ISA), Association of Metropolitan Water Agencies (AMWA), the Proposer's Credentials EMA, INC. 1 - 2 Association of Metropolitan Sewerage Agencies (AMSA), the Water Environment Federation (WEF), the American Water Works Association (AWWA), American Public Works Association (APWA), GITA, URISA, ACEC, and numerous other professional society organizations. Staff members have delivered hundreds of presentations at national and regional conferences. EMA's involvement in industry organizations includes: AWWA committee chairs and members for Information Systems and Services, Automation and Instrumentation, Plant Operations, Energy Management, Customer Metering Practices, Management Research, Computer Conference Planning committees, and the Ad Hoc Committee on Long Range Technology Planning WEF committee chairs and members of Instrumentation and Computer Applications, Management Information Systems, Collection Systems, Occupational Health and Safety Committees. Staff members have also chaired specialty conferences, including Computer, GIS, and Incineration O&M Instrument Society of America (ISA) Water and Wastewater Committee Chairmanship and members and Instrument Testing Association (ITA) active involvement in producing test reports beneficial to water utility industry members Active involvement in GITA, URISA, ACEC, and numerous professional society organizations and Corporate membership/sponsorship in AWWARF, AWWA, WEF, AMWA, and AMSA · ISA Standards Committees SP70 - Real-Time MAP (Manufacturing Automation Protocol) and SP50 - Field Bus active member participation · Involvement in EPRI Municipal Water and Sewage Treatment Project for Demand Side Management (DSM) Representative Related Experience The table on the following page provides an overview of EMA's representative related project experience in utility instrumentation and control, telemetry, and SCADA systems. Proposer's Credentials EMA, INC. 1 - 3 lilmm Planning, design, and FCC licensing assistance for 6-Master radio 900 MHz MAS SCADA network San Diego Water Department, CA with over 75 remote sites. Planning Report recommends a new radio backbone for the network. Integration of central control facilities with security and video surveillance. Replacement water SCADA system. Phased implementation; microwave, 900 MHz radio, and leased Tucson Water Department, AZ lines communication. Closed loop controls in RTUs. Master station replacement, custom interfaces to JC-5000 RTUs, proprietary protocol, Aqueduct Central Arizona Water Conservation District, AZ ControlSoftware and Intellution SCADA. 900 MHz radio and fiber optic cable. Albuquerque Water Utilitiy Division, NM Water distribution SCADA, digital microwave and 900 MHz radio. Las Vegas Valley Water District, NV Water distribution SCADA, digital microwave and 900 MHz radio. Phoenix Water Services Department, AZ Assisted with development of Process Control System Standards for WSD. Chandler, AZ Water system upgrade. Provided design engineer services and created system specifications. Water, wastewater, electric, and gas SCADA system covering 100 facilities within 25,000 mile service Navajo Tribal Utility Authority, AZ area. Digital microwave and 900 MHz radio communications. Marin Municipal Water District, CA Water distribution SCADA system. 900 MHz radio and leased line communications. Aqueduct SCADA system. Includes radio, fiber optics, and leased lines communication. Advanced San Diego County Water Authority, CA automatic control of aqueduct turnout flows. Water distribution SCADA. Microwave, radio, and leased lines communication. Advanced San Jose Water Company, CA application and real-time economic pump dispatch software at central. Retrofit SCADA design. Closed loop controls in RTUs, dual central computers, leased line telemetry Santa Clara Valley Water District, CA to control raw water canals, pump stations, and reservoirs. Southern Nevada Water System, NV Water supply, digital loop microwave and fiber optic system. Portland Water Bureau, OR Water distribution SCADA system. Microwave, 900 MHz radio, and leased lines communication. Water distribution SCADA replacement. Satellite, microwave, 900 MHz radio, and leased lines. Colorado Springs Utilities, CO Advanced application software at central. Closed loop in RTUs Wastewater SCADA system plan, design, and implementation assistance. 300 lift stations and 14 Houston Public Utilities, TX wastewater treatment plants. Communication system includes digital leased telephone, and spread spectrum radio. Replacement water and wastewater collection system SCADA. PLCs used for remote site control, North Texas Municipal Water District, TX 900 MHz radio system scans all PLC-based remotes in approximately 10 seconds. Water and wastewater SCADA system. Communication network consists of digital microwave, 900 Greater Vancouver Regional District, BC MHz digital data, VHF analog data, and leased high-speed digital data circuits. Water supply, treatment, and distribution SCADA system technology master plan, design, and Minneapolis Water, MN implementation. System includes radio communications, LAN/WAN and Intranet functionality. Water and wastewater treatment plants, collection, and distribution SCADA, Master Plan, design, Charleston, SC communication system/network, and programming. Design/build approach to SCADA communications system. Includes 900 MHz spread spectrum Orange County Utilities, FL MAS, 12 GHz microwave, and fiber optic faciltiies. Water and wastewater collection/distribution SCADA. Master Plan and phased implementation, Brevard County, FL communication system including microwave, radio, and leased lines. Proposer's Credentials EMA, INC. 1 - 4 B EMA, Inc. is a consulting, engineering, and integration firm specializing in instrumentation, control, and SCADA systems for water and wastewater utilities for over 27 years. EMA has over 235 staff located throughout the United States, Canada, and Mexico, and supplements their skills and abilities with those of other firms with whom we have successful working relationships. For Collier County's support, we propose including staff from L3 Communications/Scandia Technologies for their field instrumentation, electrical installation and maintenance, and panel building skills, as well as their ability to provide emergency response support. We also include Allan Miller of LMCIS for his superb software skills, notably with Intellution®/network software programming, and to provide emergency support. PROPOSED TEAM/TECHNICIANS The following organization chart illustrates EMA's proposed team for this project. The people/technicians shown on the chart have been selected specifically because of their expertise in utility instrumentation and control, telemetry, SCADA, and information systems, as well as their certification and registration in related disciplines. Board of County Commissioners Collier County, Florida Electrical/Electronic Systems (Controls/Telemetry/SCADA) Tom DeFreitas, P.E. Karen Wurtz, EIT Narciso Santiago Bill Overbeek, P.E. Project Manager Information Systems Troy Brown Subconsultants Allan Miller, LMClS, Inc. L3 Communications (Scandia Technologies) RESUMES As requested, signed 1-page resumes are provided on the following pages for the above-listed team members proposed for this project. WILLIAM OVERBEEK, P.E. EXPERIENCE OVERVIEW Over 17 years experience in the areas of process control, SCADA systems, and instrumentation for the utility industry. Responsibilities have included the design, specification, implementation, and validation of PLC-based SCADA and process control systems. Primary focus of expertise on programming PLC ladder logic and operator workstation software packages, applying field-tested standards to open, off-the-shelf software packages. ACADEMIC BACKGROUND · Bachelor of Science Degree, Chemical Engineering, Michigan State University, 1984 · Bachelor of Science Degree, Fisheries and Wildlife, Michigan State University, 1981 · Bachelor of Science Degree, Letters and Forestry, Calvin College, 1981 EXPERIENCE HIGHLIGHTS · SCADA system replacement, Orlando Utilities Commission, FL, Project Manager. Replaced proprietary operator interface with open, graphical system while maintaining contact with 17 remote pumping stations. Managed SCADA system expansion using Allen-Bradley PLC5s and Intellution's FIX32 at six new or retrofitted water production plants. · Design-build project, Orange County Uti#ties, FL, Project Manager. Managing inspection and conformance with design criteria for a spread spectrum radio-based SCADA system with Se/mens PLCs and Intellution's/FIX providing monitoring and control of 460 lift stations for Orange County Utilities, Orlando, FL. · Managing PLC and HMI so,rare programming, Orange County Utilities, FL, Project Manager. Upgrade of the control system at the South Water Reclamation Facility, Orange County, FL. Managing Software development for process improvement projects requiring coordination of software design, development, and testing for 14 process areas to ensure consistent plant-wide functionality. · Design, installation, and start-up Programmable Logic Controfler (PLC)-based process control system for water pollution control plant, Fort Wayne, IN, Lead Engineer. Led on-site development, programming, and startup of Square-D PLC-based control and monitoring strategies using Genesis Icon/cs HMI software. Designed operator interface graphics and programmed operator interface. - Assisted in start-up of LAN. · Developed p/ant-wide PLC-based control and monitoring system for 30-mgd Western regional wastewater treatment plant.. OH, Lead Engineer. Developed hardware and detailed application software specifications (operator station graphics, control strategies, and hardware). Performed on-site construction management engineering, field testing, inspection, and successful start-up of system. · Design and construction of a spread spectrum radio-based SCADA a/vd plant control system for Little Rock' Wastewater Utility, AR, Lead Engineer, Managed startup of the SCADA system providing remote operation of 24 lift stations and 6 remote sewage flow meters. The project design included Allen-Bradley TOM DEFREITAS, P.E. 16C 5 EXPERIENCE OVERVIEW Over 10 years of experience in the areas of process control design and PLC programming. Utility industry experience includes SCADA system specification, design and instrumentation, programming standards, microprocessor-based control applications, and telemetry systems. ACADEMIC BACKGROUND · Bachelor of Science Degree, Mechanical Engineering, University of Central Florida, 1989 · Specific post-college training courses include: SMART Work Manager for MAX/MO Advanced Training MAXIMO Report Writer Release 4 Automation Control Products Thin Client Technical Training Program Rockwell Software, Developing Integrated RSView32 Projects Intellution's FIX32 Fundamentals 104 - Advanced Programming for the SLC-500 Programmab!e Controller - Introduction to Programming the 1785 PLC-5 Programmable Controller - Basic Course for Allen-Bradley Programmable Controllers EXPERIENCE HIGHLIGHTS · Optimization and Reeng/neering Program, City of Tampa Department of Sanitary Sewers, FL, Engineer. Technology team consultant responsible for the development of a Technology Master Plan to define the technological improvements that serve the needs of the advanced wastewater treatment plant's optimization process. Conducted workshop sessions with the client to establish, document, and prioritize the initiatives by cost/benefit effectiveness. Automated Controls, Commissioners of Public Works of Charleston, SC, Senior Control Systems Engineer. Responsible for the design and development of automated control systems for project that included a 120-MGD water treatment plant, 15 remote water distribution sites, a 60-MGD wastewater treatment plant, and 14 wastewater collection lift stations. Replaced an obsolete DCS with Allen-Bradley PLCs and RSView32 HMI workstations. Developed PLC and HMI programs for all systems. Provided on-the-job training to the system operators and one-on-one instruction to instrument technicians during system development. Facility Automation and information Management Project Orlando Utilities Commission, FL.. Control Systems Engineer. Responsible for automatic control programs. Facilities use Allen- Bradley PLC 5/40e processors, Rockwell's RSLogix 5 software, and Intellution's FIX32 HMI software package on Microsoft Windows NT operating system. Instrumentation, control systems and PLC Programming, Martin County Ut/I/ties. FL. Control Systems Engineer. Responsible for the instrumentation, control systems, and PLC programming for project. Implemented a 56k-baud frame relay leased line wide area network. Installed and configured an enterprise-wide SCADA system network utilizing TCP/IP on Microsoft Windows NT Server 4.0 and Windows NT 4.0 workstations. Integrated nine water and wastewater KAREN WURTZ EXPERIENCE OVERVIEW Over 11 years of systems engineering experience including control systems, applications programming, telemetry system design, communication systems, network management, instrumentation, electrical power and distribution, and data management information systems. She has been involved in numerous SCADA projects for water and wastewater utilities and is a technical team member on several CMMS implementation and integration projects. ACADEMIC BACKGROUND · Bachelor of Science Degree, Electrical Engineering, University of Florida, Gainesville, FL, 1993 · Engineer in Training, Florida EXPERIENCE HIGHLIGHTS · FacifityAutomat/on and Information Management (FA/M), Orlando Utilities Commission, FL, Systems Engineer. Developed applications programming software using Allen-Bradley RSLogix 5 on PLC5/40E hardware for six water treatment plants. Assisted with Intellution FIX32 application software development and implementation. · Lift Stations Control, Western Lake Superior Sanitary District. MN, Systems Engineer. Developed and implemented applications programming software using Allen-Bradley RSLogix 500 and A-B SLC processors for wastewater lift stations pump controls. · SCADA, Cobb County Water. GA, Systems Engineer. Performed applications programming for 28 stations, using TI-545 PLCs and the TISOFT 2 programming software. Provided the county with detailed Operation and Maintenance manuals on the application software. Design and field-testing of the Cobb County Water SCADA telemetry system that incorporates MAS and Spread Spectrum radio. Conducted path studies using GPS, topographic maps, digitized maps and "Micropath Rocky Mountain Communications Software." Conducted a point to multi-point site survey radio path analysis. Completed the final design of the telemetry system using the survey results. Lift Station SCADA Design/Build Project, Orange County, FL, Systems Engineer. - Developed communication and telemetry system criteria for the Design/Build Request for Proposal (RFP). - Supervised a preliminary telemetry path study for 500 stations. Researched communication products and reviewed the telemetry system design options. - Developed the communications portion of the Design/Build specifications. - Participated in Master Radio Tower inspections to verify proper installation of communications equipment. Provided client support for telemetry related issues and questions. South I/Vater Reclamation Faci#ty Automation Project. Orange County, FL, Systems Engineer. NARCISO SANTIAGO ~le c O1,erbeek My Commir,,~on Ex,res ~ ~4, 2005 EXPERIENCE OVERVIEW Over 17 years of broad-based experience in automation, control, and electrical system engineering with a recent focus on designing automation and control systems for water and wastewater facilities. Expertise includes the development of P&ID's, equipment loop diagrams, control strategies and narratives, electrical equipment schematics and wiring diagrams, panel layout diagrams, power distribution system schematics, and motor control schematics for complete plant control systems including control consoles, motor control centers, conduit routing and raceways, and retrofitted systems. Also programs PLC- & HMI-controlled systems. Other related experience includes development and implementation of new design methods, engineering procurement releases, product support coordination, quality control coordination, and product standardization. ACADEMIC BACKGROUND Bachelor's Degree in Electronics Engineering Technology, University of Puerto Rico, Bayamon Campus, 1995 Associates Degree in Electronics Engineering Technology, University of Puerto Rico, Bayamon Campus, 1985 Associate Degree in Instrumentation Engineering Technology, Technological Institute of Puerto Rico, 1980 Additional Training · Siemens Simatic S7 Programming 1 and 2, Florida, 2001 · Rolling College Supervisory Leadership Training, Florida, 2001 · Rolling Collage Advance Supervisory Leadership Training, Florida, 2001 · National Electrical Code, Florida, 2001 · Advance SLC500 PLC Programming, Florida, 2001 · Gencor Industries Field Service School, Florida, 2001 EXPERIENCE HIGHLIGHTS · South Water Reclamation Facility Automatior7 Design project, Orange County Utilities, FL, Project Engineer. Responsibilities include: PLC programming, coordination of HMI programming, subconsultant coordination, control strategy workshops, operator training, QA/QC reviews, system coordination/testing. · Facility Automation Design Project, Charleston Pubfic Works, SC, Project Engineer. Responsibilities include: PLC programming, HMI programming, subconsultant coordination, control strategy workshops, operator training, QA/QC reviews, system coordination/testing. TROY D. BROWN 16S 5 EXPERIENCE OVERVIEW Over 7 years of experience developing and implementing web-based applications using desktop and browser-based client interfaces, as well as multi-tiered design techniques. Representative previous clients include: Intel Corp, GE Capital, GE Plastics, Arthur Anderson, Entergy, Microsoft Regional Support Services, Southern Technologies, Inc, PPL of Pennsylvania, Cummings Oil and Gas Services, and Hertz MIS Headquarters. Also very experienced in the delivery of related training. ACADEMIC BACKGROUND · Bachelor of Science Degree, Business Administration, University of Southwest Louisiana, 1992 EXPERIENCE HIGHLIGHTS · Conversion of Optimized Regional Operations Plan System, Tampa Bay Water, FL, Lead Developer. Conversion of a Unix-based system written in PERL and served by the Oracle database management system to a Windows architecture written exclusively in Visual Basic. NET using SQL Server 2000. This project has aggressively incorporated and leveraged the latest technology offered by the new .NET Framework and a purely object-oriented design approach. · Development of intranet data-access applications using desktop and browser based client interfaces, and multi-tiered design techniques. · Database design and implementation using Jet 4.0, SQL Server 6.5 and later, and legacy integration components using Data Transformation Services. · Implementation of logical n-tiered application designs using infrastructures such as Microsoft Transaction Server and Microsoft Message Queue for asynchronous component communication. · Development of Java Applets designed for web use. · Large-scaPe rollouts of NT 4.0 installations as well as providing user orientation and training. · Implementation of web applications using ASP, Cold Fusion, CGI (PERL), and DHTM technologies. · Design and implementation of .NET framework applications including "side-by-side" integration with existing Com and Com+ components (using Corn interop) and existing ASP content (note: since .NET was still in Beta status, these apps were designed for benchmark testing and capability evaluation). · Development of XML Web Services using the .NET framework and "code-behind" classes written in VB.NET and CCI, as well as client or component consumers of these services. · Development of applications using existing Microsoft Office installations (mostly using Access). · Data integration components using Data Transformation Services for transfer and data type conversions and mappings from heterogeneous data sources and destinations (SQL 7.0 +) · XML Schema definitions and standards development, including the use of XSL for schema transformations and scripting inserts, as well as use of XML through SQL Server 2000. EDUCATION MSEE Drexel University, 1992. BSEE Drexel University, 1984. Allan Miller 7640 NW 61st Terrace Parkland, FL 33067 (954) 752-2706 cell (954)650-6394 160 5 EXPERIENCE 1998-present. LMClS, Inc. PLC programming including AB, Modicon, GE, and Siemens. SCADA configuration including Intellution, Wonderware and Cimplicity. Custom Excel spreadsheets and VBA macros to provide data acquisition reports. Instrument calibration/configuration. 1996-1998. Hillers Electrical Engineering, Inc. PLC programming including AB, Modicon, GE, and TI. SCADA configuration including Intellution and Wonderware. Custom C++/VB apps to autogenerate description and database files, and create test simulations. 1994-1996. Intellution, Inc. Norwood, MA. Application Engineer providing sales support and technical support in the Mid Atlantic states. 1990-1994. All Control Systems. West Chester, PA. Batch system using FIXBOS (Intellution) that interfaces to Sybase Server. Visual Basic programs interfacing to Sybase Server, Intellution FIXDMACS, and Automated guided vehicle (AGV) system. Tested/modified Borland C++ user interface code talking via Wonderware IDEA/C to a Modicon PLC controlling a stopper-washer. Custom application written in C/UNIX that interfaced to analog/digital process monitoring equipment. Process data was stored to an Informix database. DOS assembly/C language TSR that disabled several scan codes on a Nematron industrial workstation. Custom application in C/UNIX that interfaced a UNIFY database to a GE PLC. Developed custom applications in C/DOS using Microsoft C V6 that allowed the creation, editing, and downloading of flat file recipes to an Allen Bradley (AB) PLC. Wrote an assembly/C language TSR that remapped the ',' and '-' keys to provide 'Alt' and 'Ctrl' function capabilities on a TCP industrial computer. AB PLC control program (PLC5) to control the process associated with these recipes. Created a custom routine written in Microsoft C V6 to print high-resolution DMACS screens to a laser printer. 1988-1990. Consarc. Rancocas, NJ. Created customized routines using BASIC and assembly language to monitor and control equipment in real-time using (Keithley) MetraByte I/O. Programmed ladder logic on an Allen Bradley PLC2 PLC. 1986~1988. PC Digest/Software Digest. Phila, PA. Setup, tested and published the results of benchmark tests on hardware and software programs. Hardware tested included AT bus and microchannel computers, LAN boards, video boards, hard drives, and WORM drives. Software tested included C and assembly language compilers, network operating systems, database programs, and CAD packages. 1984-1986. Singer-Link. Cherry Hill, NJ. Developed and tested code (high level assembly language) for subsystems on full-scale, mockup and training simulators. Full-scale and mockup simulators were used to train power plant operators. Director Of E~gineeiing ...... L ;se-ph 'J. Hanlon, ..... Assignment Principal in Charge Education B.S., Electrical Engineering University of Massachusetts Registration Professional Engineer No. 52648, Florida Experience 14 years Joined Firm 1997 Relevant Expertise WaterNV astewater Instrumentation and Controls Integration PLC/SCADA System Design and Installation Specialty Equipment Automation Design and Build Design and Build Project Management OFFICIAL NOTARY SEAL SHERRY S. BILLITTERI NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD 140549 MY COMMISSION EXP. AUG. 8, 2006 communications Scandia Technologies Experience Summary Joseph J. Hanlon. P.E., has over 14 years of professional engineering experience in the field of electrical controls, automation, and systems integration. Mr. Hanlon has concentrated on the design, programming, and installation of sophisticated instrumentation and control systems, including PLC's, MMI's, Telemetry, supervisory and control and data acquisition (SCADA), variable frequency drives (VFD) and soft starts. His applications expertise includes water and wastewater treatment plants, industrial processes, and the food processing industry. Selected Projects City of Tarpon Springs Wastewater Treatment Plant Tarpon Springs, Florida Project Manager. Provided the design and integration ser¢ices for a CiTect SCADA control system; influent pump controls, ground storage pump station controls, and wireless high speed telemetry. City of Winter Garden Wastewater Treatment Plant Winter Garden, Florida Project Manager. Installed and integrated the instrumentation and controls for the wastewater treatment plant. Parker Hannifin, Sarasota, Florida Project Manager, Designed and installed a Citect/Steepiechase controls system for the hydraulic pump test stands. Florida Department of Transportation Sunshine Skyway Bridge, St. Petersburg, Florida Consu/ting Engineer. Design review and installation of communication system, continuity Florida Department of Transportation, Corey Causeway, St. Petersburg, Florida; John s Pass and Welch Causeway, Maderia Beach, Florida Project Manager. Provided the design and integration services for rehabilitation of bridge controls. Pasco County Hypochlorite Conversion, Holiday, Florida Project Engineer. Provided design integration services of instruments and contro/panets. Palm Beach Biofilter, West Palm Beach, Florida Project Engineer. Provided design integration services humidification control panels. and Sarasota County Airvac System, Sarasota, Florida Project Engineer. Provided integration of controls for bypass equipment for sewage vacuum system. OFFICIAL NOTARY SEAL _ ~ ,,~ ,~ ~ NOT_A_RY PUBLIC STATE OF FLORIDA /._~~ ~ MY COM_M. IS.SIO. N_EX.P. AUG. 8, 2006 ~ .~' ~, , , . ~i~. n~,,;~ ~r~nc~pa~ engineer - ~ 1~ ~ ~v.... ~,~ Assignment Principal Engineer Education B.S., Electrical Technology University of South Florida Experience 31 years Joined Firm 2001 Relevant Expertise Design of Water, Wastewater, and Industrial Control Systems for Owners and Consulting Engineering Firms Design and Build Project Management Vice President of Engineering US Filters Publications Understanding FIowmeter Specifications /nTech, August, 200! Memberships ISA (Senior Member) Instrument, Systems, and Automation Society Awards Pinellas County, Florida Outstanding Performance for Flowmetering Study and Design communications Scandia Technologies Experience Summary John Davis has over 30 years of progressive engineering experience in Instrumentation and Control. This experience includes detailed design of multitasking Distributed-Control Systems (DCS), telemetw and supervisory control and data acquisition (SCADA) systems. His responsibilities have included technical services and value engineering of Instrumentation and Control proj.ects. Mr. Davis provides construction submittal review, ~nspection, and troubleshooting as required by the project and clients. The process areas of his experience include water and wastewater treatment, chemical distribution facilities, odor control, pelletizing, and pulp and paper. Selected ProJects City of Orlando, Conserv Ii Wastewater Treatment Plant Expansion, Orlando, Florida Design Engineer. Designed a distributed-control sy'ste,m for the expansion of the wastewater treatment plant as a sub-consultant to Brown and Caldwell. Stickney Water Reclamation District, Cicero, Illinois Project lvlanager. Provided the design and installation instrumentation and controls for various site projects, G.T. Lohmeyer Wastewater Treatment Plant Fort Lauderdale, Florida Project Engineer. Created the design and control strategies for upgrading the wastewater treatment plant. West Palm Beach Regional Wastewater Treatment Plant West Palm Beach, Florida Instrumentation Specialist. Provided design and construction services for instrumentation and controls at projects throughout the district. Sandlake Road Wastewater Treatment Plant Orlando, Florida instrumentation Specialist. Provided design and construction services for a distributed control system for the wastewater treatment plant. Hookers Point Wastewater Treatment Plant Tampa, Florida Instrumentation Specialist. Provided design and construction se~'¢ices of pelletizing system for the wastewater treatment plant. Thomas B. Williams Water Treatment Plant Lakeland, Florida Instrumentation Specialist. Provided design and construction services for the distributed-control system for the water treatment plant. Senior Electrical and Software Engineer Arsalan Akram Assignment Programming Education B.S., Electrical Engineering St. Cloud State University Experience 9 years Joined Firm 1997 Relevant Expertise Controls Integration Programming WaterNVastewater Treatment Plants Industrial Process Controls Machine Automation OFFICIAL NOTARY SEAL SHERRY S. BILLITTERI NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD '140549 MY COMMISSION EXR AUG. 8, 2006 communications Scandia Technologies Experience Summary Mr. Akram has over 9 years of experience designing industrial control systems and electrical schematics. Mr. Akram programs PLC's, MMI's, Telemetry and SCADA systems, integrating PLC based systems using Visual Basic and C/C++ programs. He designs LANJMFAN networks using server operating systems. His skills include the ability to analyze sophisticated instrumentation and control system, including variable frequency drives, in order to resolve existing operational deficiencies. Selected Projects System III Water Plant and Water Transmission Main Davie, Florida Software Engineer. Provided programming of instruments, controls, and systems integration. Glenwood Avenue Water Plant Modificatior~ Avon Park, Florida Software Engineer. Provided programming of system PLC's, James P. Snell Sub-Regional Wastewater Treatment Plant Mount Dora, Florida Software Engineer. Provided integration programming instrumentation and controls. for the City of Tarpon Springs Wastewater Treatment Plant Tarpon Springs, Florida Software Engineer. Solved processing interface problems integrated a plant wide control system. and Parker Hannifin Sarasota, Florida Software Engineer. Created programming to automate cycle testing of hydraulic pumps, Welch Causeway Bridge Maderia Beach, Florida Software Engineer. Programmed upgraded installation of bridge controls. Town of Oakland CDBG Water System Improvements Oakland, Florida Software Engineer. Provided communications software services for plant upgrade, including radio control panels, 1605 Electrical Engineer Ron Goss Assignment Electrical Engineer Education B.S., Electrical Engineering North Carolina A & T State University E.I.T. Certification Florida Board of Professional Engineers Experience 12 years Joined Firm 2003 Relevant Expertise Instrumentation and Controls Integration PLC Programming Design and Build Applications Variable Frequency Drives Instrumentation and Controls Process Trainer for Engineering, Operations, and Maintenance Personnel Engineering, Design, and Programming of Various Facilities, Including Beverage, Fossil Fuels, and Chemical Manufacturing communications Scandia Technologies Experience Summary Ron Goss is an electrical engineer with over 12 years of progressive experience in the design, programming, and installation of control systems. His expertise includes instrumentation and controls, PLC's, variable frequency drives (VFD), and power service and distribution. Mr. Goss is an able trainer of engineering, operations, and maintenance personnel in the use of installed instruments and control systems. Selected Projects Florida Progress Energy~ Bartow Plant St. Petersburg, Florida Electrical Design Engineer. Provided the engineering design and programming of Modicon PLC control systems. Coca Cola Foods Dunedin, Florida Electrical Design Engineer. Created the PLC programming and sta~- up of a juice pasteurization system for a beverage manufacturing plant. GEBO USA, Inc. Bradenton, Florida Project Controls Engineer. Designed electrical systems, inciuding schematics and panel layouts, programming, installation and networking of controls and equipment. Corning, Inc. Wilmington, North Carolina Senior Manufacturing Engineer. Provided design services, programming, installation, and troubleshooting of Allen Bradley PLC's for equipment and processes. OFFICIAL NOTARY SEAL SHERRY S. BILLrVrERI NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD 140549 MY COMMISSION EXR AUG. 8, 2006 Estimator and Field Service Technician Robert Roberts Assignment Estimating Field Technician Experience 25 years Joined Firm 1990 Relevant Expertise WaterNVastewater Electrical Controls Panel Fabrication Field Installation Bid and Proposal Estimator OFFICIAL NOTARY SEAL SHERRY S. BILLITTERI NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD 140549 MY COMMISSION EXP. AUG. 8, 2006 communications Scandia Technologies Experience Summary Mr. Roberts has 25 years of experience fabricating, testing, calibrating and installing electrical sy. stems. He is knowledgeable of available control systems and instrumentation for new and upgrade applications. His expertise encompasses electrical panel fabrication, field installation, and bid preparation. Selected Projects City of Winter Garden Wastewater Treatment Plant Winter Garden, Florida Estimator. Prepared successful bid package for the instrumentation and controls specifications of the wastewater treatment plant project; coordinated design review, Bay County S.E. Storage Tank & Booster Pump Statio~ Panama City, Florida Field Technician. Conducted radio survey and installation of control panel. System Iil Water Plant and Water Transmission Main Davie, Florida Estimator. Evaluated instrumentation and controls specifications in preparation for successful integration bid. Palm Beach Biofilter West Palm Beach, Florida Estimator. Prepared successful bid for integration services and humidification control panels. James P. Snell Sub-Regional Wastewater Treatment Plant Mount Dora, Florida Field Technic/an. Provided installation services of the instrumentation and controls for the waste water treatment plant. City of Clearwater East Treatment Plant Clearwater, Florida Field Technician. Installed pollution control motor panel upgrade. Senior Electrical Field Service Technician Mark Rindermann Assignment Field Technician Education A.S., Electrical Engineering ITT Technical Institute Tampa, Florida Experience 9 years Joined Firm 1998 Relevant Expertise Water/Wastewater Instrumentation and Controts Panel Fabrication Field Installation Controls and Telemetry OFFICIAL NOTARY SEAL SHERRY S. BILLITTERI NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD 140549 MY COMMISSION EXR AUG. 8, 2006 communications Scandia Technologies Experience Summary Mark Rindermann has nine years of experience in electrical controls and instrumentation. His skills include fabrication, testing, calibration and training. Mr. Rindermann provides field service to clients, as well as on-site installation and integration of electrical controls, instrumentation, and systems star~-up. Selected Projects COSME Water Treatment Plant Disinfection By-Products Compliance (Chlorimination) St. Petersburg, Florida Field Technician. Installed and integrated the instrumentation and controls for the wastewater treatment plant. City of Bradenton Reuse System Expansion & Tropicana Reuse Bradenton, Florida Field Technician. Provided installation services of the booster pump station instrumentation and controls. City of Tarpon Springs Wastewater Plant Tarpon Springs, Florida Field Technic/an. Provided installation of the SCADA radio system and instrumentation and controls for lift stations controls as part of a design and build project. James P. Snell Sub-Regional Wastewater Treatment Plant Mount Dora, Florida ?/eld Technician. Provided installation services of the electrical controls and instrumentation throughout the wastewater treatment piant. Northeast WRF Reclaimed Water Storage Tank St. Petersburg, Florida Field Technician. Installed valve control panels, instrumentation, and control system. Glenwood Avenue Water Plant Modification Avon Park, Florida Field Technician. Provided installation of SCADA instrumentation and controls for high service pumps and well. system; 16 5 Electrical Field Service Technician Jonathon Lomba Assignment Fabrication Field Technician Education U.S. Army Aviation Logistics Aircraft Technician Electronics Mechanical Repair Experience 10 years Joined Firm 2002 Relevant Expertise WaterNVastewater Electrical Control Panel Fabrication Field Installation Experience Summary Jonathon Lomba has extensive experience in electrical controls, having trained the U.S. military as an aircraft technician in electronics and mechanical repair. He has applied this knowledge to the fabrication and field installation of industrial, water and wastewater control systems. Selected Projects City of Tarpon Springs Wastewater Treatment Plant Tarpon Springs, Florida Electrical Technician. Fabricated and installed control panels for lift stations. Sarasota County Airvac System Sarasota, Florida Electrical Technician, Fabricated and installed electrica! co:qtro! panels for wastewater system. City of Clearwater East Treatment Plant Clearwater, Florida Etectrical Technician. Fabricated and installed electrical control panels for the pollution control motor panel upgrade project. OFFICIAL NOTARY SEAL SHERRY S. BILLIT-i'ERI NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD 140549 MY COMMISSION EXP. AUG. 8, 2006 Bay County S.E. Storage Tank & Booster Pump Station Panama City, Florida Electrical Technician. Fabricated control panels for the booster pump station. communications Scandia Technologies Electrical Field Service Technician Raymond Durato Assignment Fabrication Field Technician Education U.S. Navy Electronics, Radio, Electromechanical Experience 31 years Joined Firm 1991 Relevant Expertise Water/Wastewater Electrical Control Panel Fabrication Transmitter and Radio Installation Field Installation OFFICIAL NOTARY SEAL SHERRY S. BILLI-I-FERI NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD 140549 MY COMMISSION EXP. AUG. 8, 2006 Experience Summary Ray Durato has over 30 years experience' in electronics and electrical control systems. Mr, Durato trained in various U.S. Navy schools, and is knowledgeable in the fabrication of electrical control panels, site installations, and trouble-shooting. He has experience in radio applications, and provides field support, in a wide range of services. Selected Projects City of Tarpon Springs Wastewater Treatment Plant Tarpon Springs, Florida Electrical Technician. Fabricated control panels for a CiTect SCADA control system; influent flowmeters and pump station controls, generators, lift station controls and instrumentation integration. Pine Oaks Golf Course Reuse Improvements Ocala, Florida Electrical Technician. Fabricated instrumentation and control panets for booster pump station rehabilitation. City of Winter Garden Wastewater Treatment Plant Winter Garden, Florida Electrical Technician. Fabricated the instrumentation and controt panels for the wastewater treatment plant, Parker Hannifin Sarasota, Florida Electrical Technician. Fabricated control panels for a Citect/Steeplechase controls system for the Caterpillar pump test stands. Glenwood Avenue Water Plant Modification Avon Park, Florida Electrical Techn/cian, Fabricated the instrumentation and controls for the high service pumps, well, and SCADA system. communications Scandia Technologies PROJECT REFERENCES 1605 The following project summaries provide several representative references of EMA's instrumentation, controls, telemetry, and SCADA experience. Customer Contact Name: Bob Robler, Collection\Distribution Services Manager Contact Current Phone Number: 719;668.4612 Project Start & End Dates: 1996 - 2002 Project Budget: $3,000,000 (SCADA design, programming, and implementation services) Project Description & Status: The Colorado Springs Utilities Water Resources Department's Collection Distribution Services Division operates a complex network of raw water collection, storage, transportation, distribution, wastewater collection, non-potable distribution, and laboratory facilities handling more than 20 billion gallons annually. Colorado Springs retained EMA to evaluate their existing SCADA system, including how it interfaces with the strategic technology plan and other information systems, and design, implement, and construct a new Advanced Integrated (Al) SCADA System. The Al SCADA system project included: · A Utility Integration Bus based on a Message Oriented Middleware (MOM) layer was analyzed, procured, and tested for whether it would meet CSU's information integration needs. · Energy and Water Quality Management System to allow Colorado Springs to take advantage of software modules developed by AWWARF. These include Energy Cost Scheduler, Operations Planner and Scheduler, Water Quality, Water Demand Forecast and Maintenance Scheduler. · Automatic system-wide controls allowing operators to enter operational parameters for control of the entire system. · Data modeling to map data to sources and users to support system integration. · Use of Intranet technology and collaboration tool for access to project-related data. · Transfer of real-time SCADA data to the Intranet/lnternet to support end users and customers. The conceptual design addressed data acquisition and retrieval, including satellite telemetry and an Oracle-based database to track water collection and distribution information, and an Energy And Water Quality Management System (EWQMS). EMA provided detailed design, implementation and construction services for the wastewater collection system, distribution system, and the non-potable system. In 2001, CSU began expanding the system to include monitoring of their remote mountainous watersheds. EMA provided training for the field operators to do RTU installation. This included basic training on electrical circuits, wiring, panel building, field installation and checkout. CSU staff provided construction support for the installation of the RTUs in the wastewater, distribution and non-potable system. t605 Customer Contact Name: Carl Spier, P.E., Project Management Coordinator Contact Current Phone Number: 619.533.5126 Project Start & End Dates: 1998 - Present Project Budget: $3,300,000 Project Description & Status: The City San Diego Water Department is an 800-person utility, with over 250,000 customer accounts and five operating divisions. The 300 MGD capacity utility serves the nation's sixth largest city and surrounding area averaging 3,615 residents per square mile. Supervisory Control and Data Acquisition Upgrade Program EMA led the design and successful implementation of the Water Department's Supervisory Control and Data Acquisition (SCADA) Program replacing the 15-year old tone telemetry system operating on leased lines. The new system provides monitoring and control of more than 2,700 miles of water lines with 45 pump stations and 100 pressure zones coming from 27 standpipes, elevated tanks, and concrete and steel reservoirs. The fully fault-tolerant system includes microwave, 900 MHz MAS and 900 MHz Spread Spectrum radio, and leased line communication. Currently in its second year of operation, the system is on schedule to save the City of San Diego customers more than $1.5 million per year due to optimization made possible with the new technology. This innovative system incorporates remote, large meter reading for City interconnects, remote alarm paging, and energy optimization. Miramar Water Treatment Plant Process Control System EMA provided Process Control System (PCS) design, integration, and implementation services for the expansion of the City of San Diego's Miramar Water Treatment Plant. EMA prepared design documents and directed procurement of PCS hardware and software, development of application software, system integration, start-up and commissioning. The PCS application software was developed with standard blocks, created by EMA, using IEC 1131-compliant Modicon Concept for the City as part of San Diego's Alvarado PCS Project. Alvarado Water Filtration Plant EMA provided design, procurement, configuration, integration, testing, and documentation services for the Process Control System (PCS) for the AIvarado Water Filtration Plant expansion project. These services included design of the entire PCS including the Process Control Units (PCUs), redundant fiber optic data highway network, redundant PCS servers, redundant Historical Data System (HDS) servers, distributed operator workstations, automated alarm notification (including pager, cellular phone, and mail), remote system access, integration of the City's enterprise Oracle database, Modicon Quantum Programmable Logic Controller (PLC) application programming using Modicon's IEC 1131 Concept programming environment, Human Machine Interface (HMI) display development and integration using Wonderware's InTouch SCADA environment. All process control is performed using Modicon Concept's Structured Blocl Language. The control blocks from this project were written to be reused as standards for the City's other PCS projects. The first phase of the plant start-up is successfully complete and incorporates all filter operations, including fully automated backwash sequences that may be automatically initiated based on several criteria. The second phase incorporates automatic control of the raw and finished water chemical (chlorine, ferric chloride, polymer, caustic, aqua ammonia, and potassium permanganate), and rapid mix systems. Project References EMA, INC. 3 - 2 Customer Contact Name: Bob Sidhu, P.E., Project Manager Contact Current Phone Number: 505.857.8226 Project Start & End Dates: November 1999 - April 2003 Project Budget: $2,812,000 (EMA $1,425,000) Project Description & Status: EMA is working with the City of Albuquerque's Water Utility to improve operational practices and competitiveness through the use of technology, best practices, and organization reengineering. The Utility serves 470,000 customers relying on groundwater sources. Expansion of the City's service territory and new facilities require that the Utility maximize its resources. The Albuquerque Water Operations Management System (AWOMS) program is a multi-year project that includes Advanced SCADA, Energy/Water Quality Optimization, Computerized Maintenance Management System (CMMS), Information Integration, multi-skilled worker (Utility Technician) training, and Business Process Reengineering (BPR). The implementation goal is to reduce operations and maintenance (O&M) costs while also improving customer service and bringing a new surface water treatment plant on-line, with no increase in staff. The Utility upgraded the water distribution SCADA system from existing VAX central computers to open system architecture and citywide information integration. This system consists of 125 Remote Terminal Units (RTUs) monitoring and automatically controlling the 220 MGD water distribution system. Advanced software applications are being developed to optimally control the system based on energy cost minimization and water quality constraints. The City is currently replacing proprietary RTUs with Programmable Logic Controller (PLC)-based Remote Control Panels (RCPs) based on EMA-developed plans and specifications. EMA will provide the PLC application programming. The SCADA system is online and completed the Operational Availability Demonstration in April 2003. Project References EMA, INC. 3 - 3 1605 Customer Contact Name: Ted Sroka, O&M Administrator Contact Current Phone Number: 520.791.4816, ext. 125 Project Start & End Dates: 1998 - Present Project Budget: $2,000,000 Project Description & Status: The City of Tucson's existing telemetry system was composed of a variety of equipment, ranging in age from two to 20 years. Control of the large and complex water system from conventional control panels was cumbersome and inefficient and the City was faced with the problem of supplying their rapidly increasing customer base and trying to conserve water and control costs at the same time. EMA was retained to develop a requirements study (including cost/benefit analysis) and implementation plan for a new water SCADA system. EMA designed and assisted in the implementation of a water distribution SCADA system with 230 remotes and phased implementation. EMA's communications system design included microwave, radio, and leased lines. The project was completed in 1989. A new project that incorporated both potable and reclaimed water distribution into an integrated SCADA system was placed into service in 1996. This system included integrated potable and reclaimed control centers and master stations. All RTUs, PLCs, and instrumentation are integrated in this system via protocol conversion at the SCADA master station. Tucson Water's Multiple Address System (MAS) radio network also required expansion and EMA provided consultation services for the system-wide upgrade including market analysis, communications network design, equipment procurement, design standards development, spectrum management, and transition planning. The resulting digital radio network improves SCADA system maintenance, performance, and reliability. The project was completed in May 2001. In addition, EMA was responsible for several expansions and enhancements to the SCADA system. These include the Tucson Airport Remediation Project (TARP), the Sweetwater Wetlands, and reclaimed system additions. The award-winning TARP facility is an unattended water treatment plant designed to remove TCE from localized groundwater. TARP provides almost ten percent of the City's water supply with only occasional maintenance activities conducted on site. All Operations control and monitoring is performed remotely at the Control Center. A current contract with Tucson Water includes the development of a comprehensive Maintenance Management Program (MMP) and design and procurement assistance of a Computerized Maintenance Management System (CMMS). The CMMS design will include interfaces to the SCADA and process control systems to collect equipment process data such as: runtimes, pump efficiency, power loads, vibration, and temperature for purposes of improving planned and predictive maintenance. EMA designed the Tucson Water Clearwater SCADA system and is working with Tucson Water on the implementation of that system. The Clearwater system includes a remote master station and remote PLCs at recovery wells, pump station, and settling basins. EMA provided the PLC application pro~lramming for the Clearwater system. Project References EMA, INC. 3 - 4 I Customer Contact Name: Bill Hendrix, PE, Control Systems Manager Contact Current Phone Number: 916.875.9127 Project Start & End Dates: 1993 - 2001 Project Budget: $6,000,000 EMA fees $20,000,000 total contract The Sacramento County Regional Sanitation District (SCRSD) has approximately 400 Project Description & Status: employees and serves a population of about 1,000,000. Their service area covers 250 square miles, and they have an average flow of 150 mgd during the dry summer months and in excess of 400 mgd during the wet winter months. The District had a 20-year-old Johnson Controls, Inc. Modcomp control system that was aging and no longer supported by the original manufacturers. The plant had also expanded past the existing control system's capacity, so new processes were being controlled by Allen-Bradley PLC controls. SRCSD retained EMA to do conceptual planning and redesign for an upgraded control system for their wastewater treatment plant and 150 outlying lift stations and flow monitors in their collection system. The redesign included integration of the new monitoring and control systems with the District's management information systems, as well as evaluation of communication system alternatives and process instrumentation upgrades. The outcome of the planning work included recommendations for a wide area network to interconnect all District facilities and a combined microwave/900 MHz radio/leased line communications system for collection system monitoring and control. The new systems were designed by EMA. The vendor selection process started with a statement of interest to determine how far the District could expect to push the technology envelope without losing all experienced control systems vendors. The specifications were written to include common and acceptable open system hardware and software requirements. The District issued a Request for Qualifications and received nine responses, interviewed five vendors and approved four to submit proposals. The most qualified and economically beneficial vendor was selected through a best-value selection process. Another challenge was to align the District operations staff to generate a single set of software standards prior to programming the system. When programming team software standards were being finalized, and interaction with O&M staff increased, it became apparent that there were several competing views of how the control system should operate and what the final operator interface should look like. However, through operator training and program review, agreed-upon standards were established. EMA worked closely with District and Westinghouse staff to complete the application programming within a one-year period and meet the contractual requirements. EMA provided critical on-site staff throughout the programming period, and led the effort in developing and documenting programming standards that were so critical to organizing a programming team of 10 people. The standards document developed will also be the foundation for all future programming requirements as the District expands the plant capacity. The process control system replacement project was complete in 2001. Project References EMA, INC. 3 - 5 Customer Contact Name: David Longobardi, MSCE, Project Manager Contact Current Phone Number: 520.579.6009 Project Stad & End Dates: 2001 - Present Project Budget: $1,100,000 EMA fees Project Description & Status: Covering 9,184 square miles with a population of over 1.1 million, Pima County, AZ ranges in elevation from 1,200 feet to the 9,185-~oot peak of Mount Lemmon. The Pima County Wastewater Treatment Division operates and maintains the treatment facilities that receive, treat and dispose of over 64 million gallons of sanitary sewage per day (mgd). Two major facilities handle the sewage from the metropolitan Tucson area, and nine wastewater treatment plants serve remote areas scattered throughout sewered are of eastern Pima County. In addition, the division includes the Technical Services Sectior which operates a federally approved pretreatment program and a state of Arizona licensed environmental laboratory for self-monitoring and surveillance sampling. The Ina Road Water Pollution Control Facility has a current capacity of 25 MGD. This facility, established in 1977, serves the northern parts of the Tucson metropolitan area, Oro Valley, and a major portion of the Town of Marana. Major changes are occurring in the way PCWM conducts it business. The Ina Road WPCF Process Expansion Projects are simultaneously expanding the treatment capacity, introducing new treatment processes, and applying technology more than ever before. At the same time, pressure is being applied to control costs, improve treatment plant performance, and find more efficient ways of maintaining treatment plant equipment. Construction to increase the Ina Road WPCF's capacity to 37.5 mgd is currently underway. This project will add 50% more treatment capacity to the facility and underscores the necessity for improved Supervisory Control and Data Acquisition ($CADA) and Plant Control System (PCS) technology. This SCADA system is a major step forward in applying technology to process operations. In March 2001, PCWM engaged EMA to assist the Division as an Applications Engineering Services contractor to provide SCADA programming design and development as well as provide technology consulting services to integrate SCADA with a Computerized Maintenance Management System (CMMS) and other technologies at the Ina Road and other facilities. Through single source SCADA programming coordination and clear identification of SCADA and technology requirements, County staff have ~ained a better understandinc~ of their SCADA issues and their impact. Project References EMA, INC. 3 - 6 EQUIPMENT AND SOFTWARE CAPABILITIES 16C5 EMA, together with the skills of our proposed subcontractors, offers the following qualifications in instrumentation, controls, telemetry hardware, and SCADA equipment related services: Calibration: We have extensive experience with calibration of most process control instrumentation commonly found in water and wastewater treatment plants and collection and distribution systems. Our experience includes hundreds of utilities nationwide however, space limitations in this proposal prohibits our inclusion of individual instrumentation items. Configuration: Our specialty is control and SCADA system design. We have numerous staff experienced in configuration of complete process control and SCADA systems, including overall system configuration, communication system configuration, PLC I/O configuration, and operator workstation and network configuration. Installation and Repair: Several of the technical staff we have include on our team have years of direct experience with the fabrication, installation, modification, and repair of all types of instrumentation, control, and telemetry hardware. We also offer extensive experience and skills with the following PLC hardware and programming software: Allen-Bradley PLC5 family using 3200 series and RSLogix programming software; SLC family, ControlLogix, and MicroLogix using RSLogix 500 programming software · Seimens: Experience with Step 7 software and the S7-300 PLC Family · Modicon: Experienced with programming Gould/Modicon 984,584, and Micro 84 PLCs TI 500 Series PLCs: Extensive experience in the development of application programming software using the TISoft programming software with TI545 CPUs interfaced to Intellution's FIX, including communications between the HMI and remote TI545 processors using spread spectrum radio, licensed 900 MHz radios, and leased line communications via Modbus protocol. Experienced with radio communications interface using MODNIM Modules for Modbus communications and leased line communications interface using MOD 2375 communications interface card with CSU/DSU devices. Square D: Experienced with programming 400 and 700 series PLCs, Microcell controllers, and SyNet network communications. · GE Fanuc We offer extensive experience and skills with the following Operator Workstation software packages: Intellution's FIX DMACS, FIX32, and iFIX, all versions. We served as an unintentional beta tester of the original release of iFIX, which was subsequently recalled. Our proposed staff includes former Intellution technical support staff. · Iconics' Genesis · Rockwell Automation's RSView32 · CiTect · GE Cimplicity · Wonderware We offer the following experience with SCADA and telemetry systems: Licensed MAS radio (928/952 and 932/941 MHz range) Licensed MAS radio (928/952 and 932/941 MHz range): Numerous installations. We perform path studies, radio surveys, and provide assistance with FCC license acquisition, system startup, and performance optimization. 800 MHz trunked radio systems: Assistance with integration of SCADA Systems into existing 800 MHz trunked systems. Data transmission on these systems is secondary to voice communications, so we do not generally recommend their use for important utility SCADA Applications. Spread spectrum radio (928/952 MHz range) frequency hopping, including both 1 W and 100-mW transmission equipment. Numerous installations, including those hybridized with other telemetry media. · 450 MHz radio: Numerous installations · Microwave radio · Dial-up telephone: Numerous installations · Leased lines: Numerous installations Equipment and Software Capabilities EMA, INC. 4 - 2 1605 · Cellular data communications (CDPD, GSM/GPRS): Several installations. This is a new, rapidly changing communications technology, very suitable for remote sites with Iow data rate requirements. · Fiber Optics: Widely used, especially where electrical interference and lightning are probable. · Ethernet radios in the 900 MHz, 2 GHz and 5 GHz ranges. Includes both direct sequence and frequency hopping spread spectrum types. We have also designed and implemented hybridized telemetry systems including combinations of several of these communications media. Our experience has shown that SCADA systems occasionally perform best when multiple media may be used to deliver the best communications. We offer the following experience with central system network, LAN/WAN, web access: · Microsoft® NT, TCP/IP, SQL Server, Visual Studio, Access · Visual Basic, Visual Interdev · JAVA, Javascript · Macromedia Development Tools · Active Server Pages (ASP), ASP.NET · Cold Fusion · CGI (Peri) · HTML, Dynamic HTML · XML · C++, C# We have extensive experience with application of Variable Frequency Drives, their programming, and their integration into Plant Control and SCADA System networks. We have a broad range of experience in electrical system design, specification, installation, maintenance, calibration, troubleshooting, panel design and fabrication. Expected CMOM (Capacity, Management, Operation and Maintenance) regulations by EPA will focus increased attention on good operation and maintenance to prevent SSOs (Sanitary Sewer Overflows) and water quality violations. EMA integrates CMOM information with technology systems such as SCADA and plant controls. Equipment and Software Capabilities EMA, INC. 4 - 3 EMA has specialized in the study, design, construction, installation, configuration, and programming of instrumentation and control, SCADA, and telemetry systems for over 27 years. We understand water and wastewater treatment process, and how best to apply instrumentation and control equipment to provide the most effective monitoring and control. We are experienced with communication between controllers and field equipment using traditional analog/digital electrical interface, serial communication, DH/DH+, Modbus, Foundation Fieldbus, Profibus, DeviceNet, Ethernet, etc. EMA leads the industry in utility applications of PLC controllers, designing distributed PLC networks communicating by Ethernet over copper, fiber, or radio. PLC system configuration is of fundamental importance in establishing system performance by distributing communications control functions, especially involving telemetry systems. PLC programming is also critical in ensuring effective process control while using logic that is simple, understandable, and maintainable. We pioneered the use of modular ladder logic programming to standardize PLC equipment interface across utilities. PROJECT UNDERSTANDING While we do not have direct experience with Collier County's systems, our careful review of your RFP and our discussions with your staff have given us a good understanding of your request. EMA understands that the Board of County Commissioners is seeking the services of three (3) or more I&C/telemetry/SCADA contractors or systems integrators to provide various repairs, services and new installations. The selected Contractor(s) will be responsible for providing parts and labor for new installations and to repair/replace telemetry instrumentation and related equipment. The County reserves the right to bid any new installation job. No single job may exceed $200,000. Jobs handled in this manner may be requested to be quoted as either lump sum or time and materials. The County reserves the right to hold ten percent (10%) retainage on any job that exceeds one hundred thousand dollars ($100,000). Should any project that is active extend past the contract termination date, the contract shall be extended until completion of such project. This contract shall be available for use by all County departments. SCOPE OF WORK 1605 Repairs or Services: The Contractor shall follow all manufacturers' recommendations as required to install, maintain and/or replace equipment. After repairs are completed, it is the Contractor's responsibility to contact the appropriate persons prior to leaving the job site to verify, and if possible, test any repairs that have been made. The County reserves the right to have a representative inspect ongoing work or repairs and provide instruction to Contractor to meet the County's overall requirements. Response Times: Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. The Contractor shall supply the County with a telephone number for routine repairs/new installation Emer,qenc¥ Work: For purposes of clarification, an emergency call is defined as being of highest priority, with contractor response (on-site and effecting repair) within three (3) hours; on-call being of second highest priority (deemed critical but not such that it constitutes an emergency), with contractor response within twenty-four (24) hours. Selection for emergency work shall be determined by the availability of the selected Contractor(s). Each selected Contractor(s) shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. The Contractor is required to revise the on-call list of names and numbers as required and assure that the County's user departments have an updated list. EMA'S APPROACH Using a variety of control system equipment is common in public utility SCADA systems. We would encourage the County to move toward standardizing on a limited number of hardware and software systems to improve in-house support capabilities as well as to minimize spare part inventory requirements. Emergency Work: EMA's response to emergency calls will be determined by the nature of the emergency. Different types of emergencies require response by staff with the skills to correct the situation. EMA's proposed staff for this work are Project and Systems Understanding EMA, INC. 5 - 2 located throughout central, south, and west Florida, and will be called as appropriate for each particular emergency. Some of our proposed staff are highly qualified in specialized areas, and may therefore be in high demand. For some located outside Florida, it will also be impossible to provide the required emergency response time. We include these staff for assistance with work that is not critically urgent. Our belief is that a SCADA/control system that is properly designed, applied, configured, and programmed in the beginning is less likely to require emergency support in the future. Project and Systems Understanding EMA, INC. 5 - 3 1605 COST PROPOSAL AND EMERGENCY WORK COST PROPOSAL Service Cost Per Hour Technician Programmer/Integrator $85.00 hour $125.00 hour Point of Origin of Technician Various, but mostly from Lar.qo, FL Point of Origin of Programmer/Integrator Various, mostly from Boca Raton and Orlando, FL List of proposed technicians, programmers and other personnel with resumes and references attached? [] yes [] no References attached? [] yes [] no EMERGENCY & ON-CALL WORK Contractor is asked to provide willingness to respond to emergency and on-call service requests as defined on Page 4 of this RFP. Emergency Service Requests? [] yes [] no On-call Service Requests? [] yes [] no A "yes" response to either of the above assumes full willingness to: 1) Meet timely response 2) Be available to respond to such calls 24 hours a day, 365 days a year 3) Maintain updated and accurate on-call list as delineated in the Emergency Work section of this RFP, Pages 4&5. Should the successful respondent who has been awarded contract and who has also, in this RFP, indicated his willingness, subsequently fail to meet these terms, the county reserves the right to contract substitute services in accordance with the Substitute Performance section as described on Page 7 of this RFP. SUPPLEMENTAL INFORMATION 1605 STATEMENT OF LITIGATION EMA has not been involved in any litigation or lawsuits for the past ten years. PROPOSER QUALIFICATION FORM Attached, INSURANCE REQUIREMENTS CERTIFICATION Attached. VOLUME OF WORK PREVIOUSLY AWARDED Attached. PROPOSER'S CHECKLIST Attached. PROPOSER DECLARATION STATEMENT Attached. QUALIFICATIONS AND CREDENTIALS OF BIDDER AND STAFF SURVEY Attached. LICENSES Attached. Firm Name: Address: City: Telephone: FAX #: PROPOSERS QUALIFICATION FORM EMA, Inc. 2180 West S.R. 434, Suite 6100 Longwood State: (407) 865-6601 (407) 865-6615 FL Zip: 32779-5013 Type of Work: Automation, I&C, Telemetry, and SCADA System Consultinq Type of Firm: XXX Corporation/Years in Business: __ Partnership/Years in Business: __ Sole Proprietorship/Years in Business: 28 Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed 1605 George A. Mathes, P.E. Mark G. Wehmeyer, P.E. Lawrence A. Jentgen, P.E. Robert Manross, P.E. President & CEO 3O Vice President 29 Vice President 23 Vice President 30 Number of Personnel in Organization: (company-wide) Administrative:54 Professional: 173 Office: 5 Shop:__ Field: 2(In spectors) References: Bank(s) Maintaining Account(s): M&I Bank, 651 Nicollet Mall, Minneapolis MN 55402-1611, Phone: 612-904-8177, Bank Officer: Dean Davidson. Dunn and Bradstreet Number: 04-097-0048. Other References: Royal Office Products, 7521 Currency Drive, Orlando, FL 32809 Phone: 407-251-9990 PROPOSERS QUALIFICATION FORM (Continued) 1605 Representative Contracts Completed During the Last Five Years: Year/Project Agency Contact Person 2003/WWTP control system design and construction; City of Kissimmee, FL; Brian Wheeler, Phone: 407-518-2251 2003/Advanced SCADA/Energy Management System; City of Albuquerque, NM; Bob Sidhu, P.E., Project Manager, Phone: 505-857-8226 2003/Eastern WRF Biosolids Control System Programming; Orange County Utilities, FL; Ray Hanson, P.E.; Phone: 407-836-6845 List Major Work Presently Under Contract: % Completed Agency Contact Person As a nation-wide consulting and design firm specializinq in utility automation, control, telemetry, and SCADA systems, EMA has multiple projects in multiple locations onqoinq at all times. The space limitations of this submittal do not permit us listinq them all here. Please refer to Section 3 - Project References for an overview of our clients/projects. List Current Projects for Which Your Firm is Candidate for Award: As a nation-wide consulting and design firm specializinq in utility automation, control, telemetry, and SCADA systems, EMA continuously markets its services and becomes a candidate for award for multiple projects in multiple locations. The space limitations of this submittal do not permit us listing them all here. Please refer to Section 3 - Project References for an overview of our clients/proiects. Have you, at any time, failed to complete a project? [--] yes [~ no Are there any judgments, claims or suits pending or outstanding by or against you? I-'l yes [~ no if the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: EMA has not been involved in any litigation or lawsuits for the past ten years. PROPOSERS QUALIFICATION FORM (Continued) 16C5 Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: EMA, Inc. Title: Vice President Attested By: Title: fi' -~.' ~-;y Date: October 23, 2003 Collier County Florida Insurance Requirements 16C5 INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident X 2. X 3. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence Indemnification: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and al losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by an of them. This section does not pertain to any incident arising from the sole negligence of Collier County. x 4. Automobile Liability $500,000 Own ed/No n-own ed/Hired Each Occurrence Automobile Included X 5. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $3,000,000 $-0- Collier County Florida Insurance Requirements (Continued) 16C5 X Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. X 10. The Certificate must state the RFP Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of RFP. EMA, Inc. Proposer Signature of Proposer Dennis J. Linder & Associates Insurance Agency Signature of Proposer's Agent Volume of Work Previously Awarded to Firm (Tie-breaker) 16 5 In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the proposer, subject to verification at the County's option. See below. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. Once the final ranking has been compiled, the Selection committee will choose the short listed firms based on consensus, and not necessarily by the final ranking order of the firms. Fees List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $ 0 Total Fees for work done on all Collier County projects Date: October 23, 2003 Signed: Title: Vice President Deparlmeu! of laIe I certify from the records of this office that EMA, INC. doing business in Florida as EMA OF MINNESOTA, INC. is a M. innesota corporation authorized to transact business in the State of Florida, qUalified on June 23, 1987. The document number of this corporation is P14937. I further certify that said corporation has paid all fees due this office through December 31, 2003, that its most recent annual report/uniform business report was filed on January 13, 2003, and its status is active. I further cedify that said corporation has not filed a Certificate of Withdrawal. CR2EO22 (2-03) G Given under my hand and the rear Seal of the State of Florida at Tallahassee, the Capitol, this the Fifteenth day of September, 2003 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department 16C5 IMPORTANT: your bid proposal. PROPOSERS CHECKLIST Please read carefully, sign in the spaces indicated and return with Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · RFP Number; · RFP Title; · Opening Date 11. The RFP will be mailed or delivered in time to be received no later than the specified openin.q date and time. ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. EMA, Inc. Signature & Title October 23, 2003 Date Declaration Statement FROM: EMA, Inc. 2180 West S.R. 434, Suite 6100 Lonqwood, FL 32779-5013 1605 Board of County Commissioners Collier County Government Center Naples, Florida 34112 DATE DUE: October 24, 2003 @ 3:00 PM RE: RFP NO. 04-3536 - "Annual Contract for Telemetry Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #04-3536 as issued by Collier County on September 23, 2003. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 23rd day October, 2003 in the County Seminole, in the State of Florida. EMA, Inc. Firm's Complete Legal Name Check one of the following: Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership Phone No. FAX No. BY: (407) 865-6601 (407) 865-6615 2180 West S.R. 434, Suite 6100 Address Lon.qwood, FL 32779-5013 City, State, Zip ....¢ Typed and Written Signature Mark G. Wehmeyer, P.E. Vice President Title Qualifications and Credentials of Bidder & Staff Survey Many different skill sets and areas of expertise are being solicited within the framework of this RFl ~r~,~r to~ better ascertain the specific qualifications of each proposer, we solicit your responses and descriptions of service offerings. If a specific skill set is not met or proposer does not otherwise offer services as listed and described, then proposer should indicate so and explain if deemed necessary. "No" responses are not used as a basis for disqualification, as the County realizes that these many different skill sets are and service sectors vary with each company/entity. Personnel Certifications and Desiqnations Electrician(s) on Staff? [] yes [] no Indicate name, office/field location of designee, type (Journeyman, Master, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable Professional engineer(s) on Staff? [] yes [] no Indicate name, office/field location of designee, type (PE or El), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Radio Frequency Certifications of Staffmember(s)? [] yes [] no Indicate name, office/field location of designee, type, and license number within the body of submitted proposal; attach copies of license(s) if applicable. Network Certified Staffmember(s)? [] yes [] no Indicate name, office/field location of designee, type (MCSE, MCSP, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Proposer's Technical Capabilities General Instrumentation Maintenance/Troubleshooting Capabilities? [] yes [] no Within the body of submitted proposal, indicate knowledge/familiarity/certification in configuration, calibration and system integration of various instruments, including (but not limited to) devices to control/monitor flow, level and pressure. Submittal shall further describe knowledge of subject instruments by make and models, technology type, and any special calibration techniques and/or equipment (such as Hart protocol or Rosemount Smart interface) that the proposer utilizes to service these instruments. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. Radio/Communications Diagnostics/Maintenance/Troubleshooting Capabilities? [] yes [] no Within the body of submitted proposal, indicate knowledge/familiarity/cer[ification in the implementation, diagnostics and maintenance of radio frequency and other communications media. Submittal shall further describe knowledge of communication technologies (such as radios, modems, and fiber equipment) by make and models, plus diagnostic equipment (such as RF wattmeters, spectrum analyzers, and frequency counters) that the proposer utilizes to service the communications technologies. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. PLC Programming Capabilities? [] yes [] no Indicate PLC ladder logic/other programming knowledge/familiarity, by make and models, within the body of submitted proposal; attach verification of programming training levels/designations/certifications as recognized by manufacturers or other industry recognitions, if applicable. VFD Programming and Configuration Capabilities? [] yes [] no Indicate VFD configuration and service authorizations, plus any other knowledge/familiarity, by make and models, within the body of submitted proposal; attach service authorizations or training levels/designations/certifications as recognized by manufacturers, if applicable. HMI/SCADA Programming Capabilities? [] yes [] no Indicate SCADA software programming and screen generation knowledge/familiarity, by make and models, within the body of submitted proposal Control Panel Fabrication UL-508AApproved Panel Manufacturer? [] yes [] no 1685 [-- L 16[:5 THIS AGREEMENT is made and entered into this 27th day of January, 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Revere Control Systems, Inc., authorized to do business in the State of Florida, whose business address is 2240 Rocky Ridge Road, Birmingham, Alabama 35216, (hereinafter referred to as the "Contractor"). WITNESSETH: COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating January 31, 2005, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- o THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Joseph E. Norman, Vice President/Secretary Revere Control Systems, Inc. 2240 Rocky Ridge Road Birmingham, Alabama 35216 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page -2- NO IMPROPER USE: The Contractor will not use, nor suffer or permit any perso, n y manner whatsoever, county facilities for any improper, immoral or offensive purpose, or Tor any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- 12 INDEMNIFICATION' The Contractor/Vendor, in consideration of One Hundred D. Dllars ($100.00), the receipt and sufficiency of which is accepted through the signing of this docent, ,~.a .~. old harmless and defend Collier County and its agents and employees from all s~its~fna,~aot~Sns, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (les) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums Page -4- due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement I~)n~o,~actor !and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable Page -5- to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety ~ct,~_ ht~t~5$, Florida Statutes). If Contractor observes that the Contract Documents are at va~n~t~,~re~th, it shall promptly notify Owner in writing. 20. CLEAN LIP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or Page -6- materials of Owner or Owner's separate contractors, Contractor shall be charged with the amountsSame' anddueanYcontractor.mOnies necessary to replace such loss or damage shall be deduced ~e~h~ Contractor shall not load nor permit any part of any structure to be loaded in any ma~ will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Page -7- Documents, that the entire balance found to be due Contractor is due and payment shall not become due and payable until Contractor submits: payable. Final (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 1605 Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out Page -8- verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04-3536, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by parties herein that this Agreement is subject to appropriation by the Commissioners. and ~'et~ee~n t~e Board of County IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. ,Brec,~;' Clerk of Courts B~~ First Witness Type/Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: C om m~s~i~ ~e r--D-on na-F"iala'~ C-'~ai rma n By: REVE ECONTROL SYSTEMS, INC.. / ~ntractor J~ eph E. orm 'Typed Signature Second Witness Vice President Title Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to,forj'n and le~u~ ?io~n~c/~:/ / RObert N. Zachary Assistant County Attorney Page -9- Item Rsc'd , , Dt~puty Clerk EXHIBIT A PUBLIC PAYMENT BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That Principal, and as , as Surety, located at__ .(Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200__, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this ~ day of 200__, the name of under-signed representative, pursuant to authority of its governing body. Page-10- Signed, sealed and delivered in the presence of: PRINCIPAL: 1605 Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , as , a corporation, on behalf of the known to me OR has produced not) take an oath. of 200__, by_ of corporation. He/she is personally as identification and did (did My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witness as to Surety OR Page -11- Witnesses As Attorney in Fact (Attach Power of Attorney) /-605 (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -12- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. ourselves, our heirs, 200 WHEREAS, Principal has entered into a contract dated as of the __ , with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- This instrument shall be construed in all respects as a common law bond. It is expressl~ ul~l~e~ff:)oli~ that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shalln(:~ap~e~ tlo~thb~- bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this ~ day of 200, the name of each party being affixed and these presents duly signed undersigned representative, pursuant to authority of its governing body. by its Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of 200 , by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page-14- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 1605 Witness as to Surety Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of 200 , by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. He/She is personally known who did (did not) take an My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM 1605 Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $. paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 200 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR Witnesses BY: ITS: DATE: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,200 , by of , a corporation. He/she is personally known to me or has produced My Commission Expires: (AFFIX OFFICIAL SEAL) President [Corporate Seal] day of , as corporation, on behalf of the as identification and did (did not) take an oath. (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Page -16- EXHIBIT C FORM OF CONTRACT APPLICATION .(County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: .(Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: FOR PAYMENT Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: 16C5 (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ m% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date % % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page -17- EXHIBIT D CHANGE ORDER 16 5 CHANGE ORDER NO. TO: CONTRACT NO. 04-3536 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated of the ,200 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions Agreement: FOR THE (Additive) (Deductive) Sum of: $. Original Agreement Amount $. Sum of Previous Changes $. This Change Order (Add) (Deduct) $ Present Agreement Amount $. ($ ) The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (__) calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200__ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. By:. DESIGN PROFESSIONAL: By:. Page-18- EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION 16C OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page-19- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: 160! The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By:. Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 By: OWNER Type Name and Title Page -20- EXHIBIT F CERTIFICATE OF FINAL COMPLETION 16 5 OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -21- 16C5 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,2004 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 By: OWNER Type Name and Title Page-22- EXHIBIT G WARRANTY 16C5 In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CORPORATE SEAL CONTRACTOR BY: Attest: Page -23- EXHIBIT H Collier County Standard Fee Schedule RFP 04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" 16C Technician Programmer/Integrator Mark-up for Parts $65.00 per hour $100.00 per hour 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -24- ,2/03/2004 TL!E 15:22 F. X 2058220241 CLARK ASSOCIATES, INC 001/00i 4CORD. CERTIFICATE OF LIABILITY INSURANCE oP, THIS CERTIFICATE [S ISSUED AS A ~TTER OF INFORM~TIO~ PRODUCER Clark Associat~ InC. 2229 Rocky P~idg~ Rd. Birmingham AL 35216 Phon~: 205-823-2300 Fax:205-822-02~l R~ver~ Contrgl Systems Inc. & ~240 Ro?ky~.P~g~ Rd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE IF~ORtDED ElY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE ; NAIC # INSURERA; Genesis Tnde~nity Ins. Company ]NSU~ER BI i INSURER C; INSURER D: INSURER E; ] COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT%NITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V,~rlICH THIS CERTIFICATE MAY B[ ISSUED OR MAY PERTAIN. THE INSU~NCE AFFORDED BY THE POLICIES D~SCRIBED HER~IN IS SUBJECT TO ~LL TH~ TERMS, ~GLUSIONS AND CONOtTION$ OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~IMS. LTR INSRD ~PE OF INSU~RCE POLICY NUMBER A ,~C O ~MERAL LIABILITY MERCIAL GENEF(AL LIABILITY [[~ CLA~SMADE ~ OCCUR ~N'L ACGREGAT~ LIMIT APPLIES OMOBIL~ LIABILITY ANY AuTO i ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS i GARAGE LIAI~ILITY ~[~] ANY AUTO I EXCE$StUMBRE~.LA LIAI~ILITY [ DEDUCTIBLE RETENTION $ WORKER~; COMPENSATION AND EMPLOYERS' LIAD, ILrI-Y ANY P RD P RIETO~ART NE R/E3(EC U TIV E OFFICEPJMEM~ER F=XCLUDED? h' yes, de~m'lbe under SPECIAL PROVISIONS below OTHER 1209 DATE {MM/BD/YY) DATE {MM/DD/~Y) o~/oz/o5 I. IMITS S EACH OCCURRENCE ' D At, fA g E"TO'I~.EN1-ED PREMISES {Ea 0ccuFence} MED ~P (Any one person) iS PERSONAL & ADV INJURY ! $ GENERAL AGGREGATE '. $ PRODUCTS. COMP/DP AGE i $ COMBINED SINGLE LIMIT 80DILY INJURY (Per person) 8001LY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - ,'ER ACCIDENT OTHERTHAN ~,ACC AUTO ONLY: EACH OCCURRENCE AGGreGATE WCSTATU; [ IOTH- [TORY LIMITS [ I ER E,L, EACH ACCIDENT E.L. DIS'UA, SE - EA EMPLOYEE / ~.g, DISEASE · POLICY LIMIT Sl00000C $lO00000 $1000000 DESCRIPTION OF OPERAT(ONS / LOCATIONS J VEHICLES / EXCLUSIONS ADDED IBY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION COLLC02 Collier County Board County Commissioners 3301 E. ~ami~m~ Treil Naples FL 3d112 SHOULD ANY OF THE ABOVE DESCRI~I~D POLJCIE~ BE CANCELLED BEFORE THE E×P[R~TIO~ NOTICE TO ~E C~FICATE HOLDER NAMED TO THE LE~, BUT FAILURE TO DO SC SHALL IMPOSE NO O~LIGATION OR glA~l~l~ OF ANY KIND UPON THE INSURE~, [TS AGENTS OR R~PRE~NTA~VE~, AUTHO"ZED .EPRE,ENTA~IVE ~~~ ~ ' '~ Clark Asso~iztes Inc.~~ ~~, ACORD 25 (2001/08) © AC~i~D CORPORATION 198 FEB-03,20D4 03:55PM FR0~-BABB IHt 8106870950 T-48g P.002/00~ F-RS? ACORn, CERTIFICATE OF LIABILITY INSURANCE ~ ~ ~ THIS C~dATE I~ISS~ED AS A M~TTER 6~~]I~N V~] ]ey Forge Off~ ce Cen~e~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 656 E 5wedesfo~d Rd, Ste 224 Wayne, PA 19097-1659 /~-su~Reve~e Control Systems ZZ40 Rocky Ridge Road Hoover, AL 3~216 INSURERS AFFORDING COVER;AGE NAtC# ~SUR~: The American Insurance Company FF N]) 21851 )NSUR6RB: Nat'l Union Fire. Ins.Co.of Pit (~iG N]) NSURER C: 'T~u REP, D: ~NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE_ INSURED NAMgD ABOVE FOR THE POLICY PERIOD iNDICATED, NOTWI"FHSTANQIN( ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RI~$PECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IvlAY pERTAIN, THE INsuF~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND cONDITiONS OF SuCh POLICIES. AGGREGATE L1MtTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE Of:: INSURANCE SCIAEDULED AUTOS ANY AgIO ~5DU~I~LE ~EN~mO~ S 10, ~ WORKER5 O0~PENSA~ON AND EUPLOY~RS' LIASILI~ ANY ~ROPRiETO~pA~'K~E~ ~6~Jurlv6 OFFtCER/MEMBGR EXCLUDED? SPECIAL P~OVISIONS bclgw O~ER POLICY NUMBER ~ZG80821447 DATE [1/Zl/2003 11/2]./2004 ~,xcH OCCDR~~ MEg EXP (Any one person) PG¢$ONAL E ~NE~L AGGREGATE $ L ~a acmd~nt) J~OOILY INJURY (par perso~ }~OBILY ~NjURY { Per I~ROp~R~ DA~GE &UTC ONbY OTHER THAN AUTO ONLY: AGG EACH OCCURRBNCE AGGREGATE WU'STATU L TORY LIMITS J [,k. ~CH ACCIDENT E~, ~A EMPLOYEE E.C OlS~SE - POLICY LIMIT MZGSOSZ2447 [~/2~/Z003 11/2[/2004 B£2978315 [1/2[/2003 11/2[/2004 L-~-j~XCLUSiONS A~F_~NT / SPECIAL PRO II~ONS : RATIONEDESCI~3 ! ~ ollier County ~oard o~ County Ca~ssioners is recognized as Additional eneral Liability as required by written contract, but only with respect [nsured. z,0o0,ooo 2,000,000i l, ooo, COOl 4,000,000i Insured under the to work performed by the Named CERTIFICATE HOLDER CANCELLATION Collie~ County Board of County Con~issioners 3301 E. Tamiami Trail Naples, FL 3411Z AcoRD 25 (2o01/o8) ~HOULD ANY OF THE ABOVE [XPI~ON DATE THEREOF, THE ISSUING ~NSURER WILL ENDEAVOR TO MAIL - ~O DAY5 WRI~N NOTICE TO THE c~RT[FICATE HOLDER NAMED TO THE L~FT ~T FAILUR~ TO MAIL SUCM OF ANY KINb UPON YNE INSURER, ITS AGEN~ OR REPRESENTA~VES- AUTH Ol:(,Zl-;n REPR¢$IE NTATIVI:: Sandy Brionola/ABYERl.. ©ACORD CORPORATION 1988 F~B-03-2004 03:58PM FRO~-BABB INC 81068T095Q T-489 P.009/003 F-gS7 160 5', IMPORTANT If tl~e certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this cedificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION tS WAIVED, subject to the terms and conditions of the policy, certain poticies may require an endorsement. A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD :25 (2001/0B) Memorandum To.' From: Date: Subject: Bonnie Zinn, Finance Linda A. Houtzer, Minutes & Records Sue Hebbe Purchasing Technician March 10, 2004 RFP 04-3536 "Annual Contact for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contract Proposal Copy's for: DCR Engineering Services, Inc. EMA, Inc. Revere Control Systems, Inc. Bonnie & Linda The attached are copies of the submitted proposals for the above referenced vendors that we now have fully executed contracts for. Thank You Purchasing Department Control Systems October 23, 2003 2240 ROCKY RIDGE ROAD · BIRMINGHAM, ALABAMA 35216 (205) 824-0004 · MAIN FAX (205) 824-0408 · SALES FAX (205) 824-0439 ?/ Purchasing Department Collier County Government Center 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 Attn: Steve Camell Ref: RFP #04-3536 Annual Contract for Instrumentation, Controls, Telemetry and SCA_DA Integration Services Dear Mr. Camell: Revere Control Systems is pleased to be invited to submit an application for pre- qualification to bid the Annual Contract for Instrumentation, Controls, Telemetry and SCA_DA Integration Services. This statement of qualification is based on the latest accurate information available. Enclosed are six (6) coPies of our application. Should you have any questions or require additional information, please advise. Very truly yours, RFP No. 04-3536 -- Annual Contract for Insmanentafion, Controls, Telemetry and SCADA Integration Services Page 18 PROPOSERS QUALIFICATION FORM ?irm Name: Revere C0ntrol Sysf, ems, Inc. 1605 Address: 2240 Rocky RidGe Road City: .hq r~,q nqharn Telephone: (_2Q5_3 a24-0004 FAX #: ( 205 ) 824-0439 State AL Zip' 3 5 216 Type of Work: Systems Integrator Type of Firm: X Corporation/Years in Business: Partnership/Years in Business: __ Sole Proprietorship/Years in Business: Officers/Partners or Owners & Experience: 23 Years of Experience Name Title in Work Listed Robert R. Adams President 23 T)~v~d M. P~den Vice President 11 Joseph E. Norman Secretary/Treasurer 16 TBom~.q A_ ~r~do~k 20 Thomas M. Adams 23 ~co_ President Vice President Number of Personnel in Organization: Administrative: 14 Professional: 27 Office: 16 Shop: 21 Field: 5 References: Bank(s) Maintaining Account(s): First Commercial Bank 800 Shades Creek Parkway, P.O. Box 11746 Birmingham, AL 35202-1746 (205) 868-4954 Contact: Todd Beard OtherRe~rences: See =~t~h~ ' ___ Control Systems 16C5 2240 ROCKY RIDGE ROAD · BIRMINGHAM, ALABAMA 35216 (205) 824-0004, FAX (205) 824-0408 Credit References First Commercial Bank 800 Shades Creek Parkway P.O. Box 11746 Birmingham, AL 35202-1746 Contact: Todd Beard Ph'.: 205-868-4954 Matthews Electric Supply Co., Inc. 3317 5th Ave South Birmingham, AL 35222 Contact: Sondra Heath Ph.: 205-254-3192 Fax: 205-254-0095 Southern Controls, Inc, 401 Pine Valley Circle Bessemer, AL 35022 Contact: Debi Dorr Ph.: 205-424-1979 Fax: 205-426-6040 Mayer Electric Supply Co., Inc. 3405 4th Ave S Birmingham, AL 35259 Contact: Renee Cotton Ph: 205-583-3500 x 3515 Fax: 205-252-0531 Federal Tax ID# Dunn & Bradstreet # Alabama Sales Tax# 63-0794615 03-82-69577 3700-51588 RFP No. 04-3536 - Armual Contract for Instrumentation, Controls, Telemetry and SCA_DA Integration Services PROPOSERS QUALIFICATION FORM (Continued) Representative Contracts Completed During the Last Five Years: Year/Project Agency Contact Person Jorge ~ (~) (615) 770-8100 List Major Work Presently Under Contract: % Completed Agency (770) Contact Person Joel~ (23~) 947-~ (813) 721-1981 List Current Projects for Which Your Firm is Candidate for Award: Have you, at any time, failed to complete a project? i--] yes [] no Are there any judgments, claims or suits pending or outstanding by or against you? [-] yes [] no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: Suit was filed by l%3v~e ¢t~fcrol ~ Inc. amainst At/antic Skanska, Inc., fou~zly knc~n as B~rs ~, Ir~. in C~, Georgia. a sett~ ~ was readqsd cn 6/12/03 wh~ Skmnskm p~id l%3vE~e $60,000.00 to resol~ C~ 8/29/03, ~ Ozntrol Syst~[~ filed a claim for l::a~,~ cf $92,500.00 a~ir6~c ~cl~lit7 ard ~it ~ ~ ~ 0~1/03. PROPOSERS QUALIFICATION FORM (Continued) Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and 'accuracy of all statements herein made. We will accept your determination Of qualifications without prejudice. By h E.v Norman T~: .~v.Sp~.h/ Secretary Systems, Inc. Date: 10/23/2003 RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 21 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation X 2. X. 3. x 4. Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no' limiting endorsements. Bodily Iniury & Property Damage $1,000,000 Single Limit Per Occurrence Indemnification: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and al' losses,-penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments adsing out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by an of them. This section does not pertain to any incident arising from the sole negligence of Collier County. Automobile Liability Owned/Non-owned/Hired Automobile Included $500,000 Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builder's Risk RFP No. 04-3536 -- Annual Contract for Imtmmentation, Controls, Telemetry and SCADA Integration Services Collier County Florida Insurance Requirements (Continued) 16C Page 22 X 6. Contractor shall insure that all subcontractors comply with the same insurance X 7. X 8. X 9. X 10. requirements that he is required to meet. · The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: COllier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Thirty (30) Days Cancellation Notice is required. The Certificate must state the RFP Number and Title. ere Control Systems, I~nc. (]gr~ture of Proposer qlDDER'S AND INSURANCE AGENT STATEMENT: We' understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of RFP. ,Iasur, ance Agen,~ . Sight.re of~ropoSer'~ Agent RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCA_DA Integration Services THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST i M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP pdces offered have been reviewed. 3. The pdce extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County GOvernment Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 lO. The mailing envelope must be sealed and marked with: · RFP Number; RFP Title; · Opening Date 11. The RFP will be mailed or delivered in time to be received no later than the specified opening date and time. ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Revere · V~o ~ ~%Cfi7 V. P. / Control Systems, Inc. October 23, 2003 Secretary Date ' ACORD. CERTIFICATE OF LIABILITY INSURANCE uP ID I REVER-1 10/20/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAI I ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Clark Associates Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2~9 Rocky R/dge Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I ~ingham AL 35216 ae: 205-823-2300 Fa.x: 205-822-0241 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Continental Casualty Compan~ 20443 INSURERB: Transportation Ins. Co. 20494 Revere Cpntrol Sy_st. ems Inc. & INSURERC: Royal Insurance Company 2240 Rocmy Ridge mo. INSURERD: AL Self Insured Work Comp Fend Hoover AL 35216 INSURERE: Genesis Indemnity Ins. Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~I{ %DD'L POLICY Iz~-~-t:CTIVE POLICY EXPIRATION LTR NSR£ TYPE OF INSURANCE POLICY NUMBER DATE ~MM/DD/YYI DATE (MM/DD/Y%Q LIMITS GENERAL LIABILITY EACH OCCURRENCE ! $ 1000000 B X X COMMERCIAL GENERAL LIABILITY C2054353357 11/01/02 11/01/03 u^~ ,u~,,~u PREMISES (Es occurence) S 100000 I CLAIMSMADE [] OCCUR MHD EXP (Any Dne person) $ 5000 PERSONAL & ADV INJURY !$ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG I $ 2 000000 I POL,CY ~--~PRO' JECT [~ LOC AUTOMOBILE LIABlUTY COMBINED SINGLE LIMIT $ 1000000 A X ANY AUTO C1080699151 11/01/02 11/01/03 (Es accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODiLY iNJURY X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A X~ OCCUR ~ CLAIMSMADE C2054353407 11/01/02 11/01/03 AGGREGATE $ 1000000 DEDUCTIBLE $ !X RETENTION $10,000 $ WG STATU- OI H- WORKERS CoMPENsA'RON AND X TORY LIMITS I ER D ANyEMPLOYERS' UABILITYPRoPRiETOR/PARTNER/EXECUTiVE 1209 01/01/03 01/01/04 E.L. EACH ACCIDENT $ 1000000 E OFFICER/MEMBEREXCLUDED? ZYB300356 01/01/03 01/01/04 E.LDISEASE-EAEMPLOYEE $ 1000000 If yes. describe under SPEC[AL PROVISIONS below E.L DISEASE - POLICY LIMIT $ 1000000 OTHER C Excess Umbrella P2HA017826 11/01/02 11/01/03 X-Umbrell 3,000,000 DESCRIPT]ON OF OPERATIONS i LOCAT]ONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is included as additional insured with respects to General Liability. Project: Collier County Florida, RFP#04-3536 CERTIFICATE HOLDER CANCELLATION COLL IAi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board of County NOT]CE TO THE CERT]FICA~HO~ER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL C ommi S sioners IMPOSE NO OBLIGATION ~ LIA~ITY OF ANY KI~PO. THE INSURER, ITS AGENTS OR 3301 East Ts_miami Trail REPRESENTATIVES. Clark As soc~.%~ ACORD 25 ~2D01108% © ACORD CORPORATION 198 be applicable on a "per project basis", ATIMA. 824-0654. faxed to 561-638-3396 & 16~5 RFP No. 04-3536 - Annual Contract for Instrumentation, Conlrols, Telemelry and SCA.DA Integration Sexvices Declaration Statement FROM: Revere Control Systems, Inc. Page 24 16C5 DATE DUE: October 24, 2003 ~ 3:00 PM Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO. 04-3536 - "Annual Contract for Telemetry Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in 'regard to all cOnditions pertaining to the work to 'be done. The Proposer further declares that the only persons, company or partie~ interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal ~2)4-3536 as issued by Collier County on September 23, 2003. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15)* days will result in damages to the County. WITNESS WI-IEREOF, VVE have hereunto subscribed our names on this 2 3rd day October ,2003 in the .,ountyof Jefferson . in the State of AL . Revere Control Systems, Inc. Firm's Complete Legal Name Check one of the following: [] Sole Proprietorship [] Corporation or P.A. [] Limited Partnership [] General Partnership Phone No. (205) 824-0004 FAX No. (205) 824-0439 2240 Rocky Ridqe Road Addmss Birmingham, AL 35216 City, State, Zip Secretary Secretary 0ct-14-03 07:31 From-Coil Jar County Purchasin~ 941 782 0844 T-401 RFP No. 04-35.36 -Annual Contract for Instrumentation, Controls, Telemetry and SCADA tntegratJon Service5 COST PROPOSAL Service Cost Per Hour Technician Programmer/Integrator $ 90.00 hour $ 1 ? ~. nn _ hour Point of Origin of Technician Orlando, FL Point of Origin of Programmer/Integrator Birminaham~ AT, List of proposed technicians, programmers and other personnel with resumes and references attached? References attached? [] yes no [] yes no P. 008/008 p~ge 25 Addendum 16C EMERGENCY & ON-CALL WORK Contractor is asked to provide willingness to respond to emergency and on-call service requests as defined on page 4 of this RFP. Emergency Service Requests? E~] yes ~a no On-call Service Requests? E] yes E~ no A "yes" response to either of the above assumes full willingness to: 1) Meet timely response 2) Be available to respond to such calls 24 hours a day, 365 days a year 3) Maintain updated and accurate on-call list as delineated in the Emergency Work section of this RFP, pages 4 and 5. Should the successful respondent who has been awarded contract and who has also, in this RFP, indicated this willingness, subsequently fail to meet these terms, the county reserves the right to contract substitute services in accordance with the Substitute Performance section as described on Page 7 of this RFP. At this time, we cannot offer emergency repair capabilities to meet the 3-hour on-site requirement. We expect to offer in the near future. this RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Volume of Work Previously Awarded to Firm (Tie-breaker) Page 26 16C5 ,n the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume Of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the proposer, subject to verification at the County's option. See below. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. Once the final ranking has been compiled, the Selection committee will choose the short listed firms based on consensus, and not necessarily by the final ranking order of the firms. Fees List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $. 365, o0o. o0 Total Fees for work done on all Collier County projects Date: /OL-'~ober 23,. 2003 Signe(~~~. ~ Title:/1~.,~. ('J/- Secreta:ry Qualifications and Credentials of Bidder & Staff Survey Many different skill sets and areas of expertise are being solicited within the framework of this RFP. In order to better ascertain the specific qualifications of each proposer, we solicit your responses and descriptions of service offerings. If a specific skill set is not met or proposer does not otherwise offer services as listed and described, then proposer should indicate so and explain if deemed necessary. "No" responses are not used as a basis for disqualification, as the County realizes that these many different skill sets are and service sectors vary with each company/entity. Personnel Certifications and Designations Electrician(s) on Staff? [] yes [--] no Indicate name, office/field location of designee, type (Journeyman, Master, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable Professional engineer(s) on Staff? r-~ yes r--I no Indicate name, office/field location of designee, type (PE or El), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Radio Frequency Certifications of Staffmember(s)? [] yes r--I no Indicate name, office/field location of designee, type, and license number within the body of submitted proposal; attach copies of license(s) if applicable. Network Certified Staffmember(s)? I-~ yes [] no Indicate name, office/field location of designee, type (MCSE, MCSP, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Proposer's Technical Capabilities General Instrumentation Maintenance/Troubleshooting Capabilities? I-~ yes [--I no Within the body of submitted proposal, indicate knowledge/familiarity/certification in configuration, calibration and system integration of various instruments, including (but not limited to) devices to control/monitor flow, level and pressure. Submittal shall further describe knowledge of subject instruments by make and models, technology type, and any special calibration techniques and/or equipment (such as Hart protocol or Rosemount Smart interface) that the proposer utilizes to service these instruments. Attach listing of authorized service/calibration designations and 'provide copies of certifications if applicable. Radio/Communications Diagnostics/Maintenance/Troubleshooting Capabilities? [~ yes [--I no Within the body of submitted proposal, indicate 'knowledge/familiarity/certification in the implementation, diagnostics and maintenance of radio frequency and other communications media. Submittal shall further describe knowledge of communication technologies (such as radios, modems, and fiber equipment) by make and models, plus diagnostic equipment (such as RF wattmeters, spectrum analyzers, and frequency counters) that the proposer utilizes to service the communications technologies. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. PLC Programming Capabilities? l-~ yes [--I no Indicate PLC ladder logic/other programming knowledge/familiarity, by make and models, within the body of submitted proposal; attach verification of programming training levels/designations/certifications as recognized by manufacturers or other industry recognitions, if applicable. VFD Programming and Configuration Capabilities? r~ yes [-] no Indicate VFD configuration and service authorizations, plus any other knowledge/familiarity, by make and models, within the body of submitted proposal; attach service authorizations or training levels/designations/certifications as recognized by manufacturers, if applicable. HMIlSCADA Programming Capabilities? [] yes [---I no Indicate SCADA software programming and screen generation knowledge/familiarity, by make and models, within the body of submitted proposal ontrol Panel Fabrication UL-508A Approved Panel Manufacturer? [] yes r--t no 16C5 ¢ontrol TABLE OF CONTENTS Ao Company Profile and Company Highlights Be Ce Proposed Technicians to Work on the County's Equipment or Provide New Installation Applicable References- Project Summaries De Qualifications and Credentials of Bidder & Staff Survey ge Project Approach and Project Summary F. Rate Schedules for Technical Services Revere Control Systems Overview Revere designs and manufactures control systems for a variety of applications that include municipal water and wastewater, metals, mining, automotive, oil & gas, lumber & wood products, process industries, and general manufacturing. As an independent systems integrator, our allegiance is only to our customers, allowing us to select the system components that yield the most cost-effective solution for each specific application. Whether your needs are in controls, radio telemetry, SCADA, or sophisticated computerized control networks, we have the skills and experience to deliver a solution you can count on. Through our 23 years of experience, we have ac- quired expertise with all major software and hard- ware manufacturers, as well as the application- specific knowledge needed to speak your language. We also offer a full range of services, from concep- tual design to detail engineering to programming to startup assistance and field service. We provide things most other system integrators don't; like field simulation testing prior to shipment and a comprehensive documentation package that includes all drawings, program listings, and O&M manuals. We believe in providing excellent quality and superior value. Facilities include approximately 55,000 square feet of shop and administrative space Key Contacts Joe Norman, Sales-Municipal John Long, Sales-Industrial Leelon Scott II, OEM Norman Miller, Sales-Pump Controls Bruce Koppenhoefer, Communications David Paden, Engineering (205) 824-0004, ext. 3216 (205) 824-0004, ext. 3155 (205) 824-0004, ext. 3233 (205) 824-0004, ext. 3110 (205) 824-0004, ext. 3229 (205) 824-0004, ext. 3130 ENMNEERED TO SERVE Markets Served Our combined corporate and individual experiences yield expertise in the following markets: Water & wastewater Foundry/metals Mining Utility power Automotive Tire & rubber Manufacturing Services Conceptual design Engineehng Programming Production Simulation testing Operator Training (in house and on site) Installation management Startup Documentation Field service We have extensive expertise in custom pump controls of all types We understand the needs of OEMs and successfully serve numerous such accounts Our expertise spans many industries and a wide variety of control system applications 2240 Rocky Ridge Rd. Birmingham, Alabama 35216 (205) 824-0004 Fax (205) 824-0439 www. reverecontrol.com Email: revere@reverecontrol.com CPR3-0503 16C5 Founded in 1980 with the ambition to become a premier controls supplier. Closely held corporation, locally owned and operated by six principals who are active employees of the business. Sales volume for fiscal 2003 is estimated at $18 million. Revere's largest single project to date is $1.9 million. We have furnished numerous systems valued in the $300,000 to $700,000 range. Revere can provide performance or supply bonding. Our bonding capacity is 2M to 3M. Our bonding company is Travelers Casualty and Surety Co. of America, our agent is Ken Burns with Willis Corroon Corporation of Birmingham, Alabama (205) 323-7000. Revere carries the following basic insurance coverages: Workmen's Compensation $1,000,000 Automobile Liability $1,000,000 General Liability $2,000,000 Excess Liability $4,000,000 Licensed as a General Contractor: Alabama General License No: Alabama Electrical License No. Tennessee License No: Georgia: Florida License No: Florida Electrical Louisiana Electrical 21662 780 40950 (License notrequired) CG -C060338 ECX0002664 39583 Revere has over 95 employees including: 15 - Sales Associates 7 - Project Managers 21 - Project Engineers 2 - Designers 4 - CAD Operators 2 - Submittals & O&M's Coordinator 6 - Service Engineers 18 - Production Associates-Shop Technicians and Support 1 - Quality Improvement Program Coordinator Revised 2/5/2003 Revere has the following Degreed Engineers: 24 - Degreed Engineers including: 6 - Professional Engineers, which have registrations in Alabama, Tennessee, Georgia, Kentucky and Massachusetts 1 - Master of Science in Electrical Engineering Revere Control Systems is authorized to perform en~ineerin~ in the state of Alabama. Certificate of Authorization Number is CA-01318-E, FL-8769 and TN-applied for Revere's engineering staff remains abreast of the latest digital hardware and software. RCS can provide performance history and references on the following: Human Machine Interface Software (MMI) ~ Wonderware ~ FIX DMACS, FIX32, WIX ~ Genesis ~ RSView <5 GE Cimplicity Communications LAN/WAN Windows 2000, Windows XP Iwebserver, Ihistorian and Infoagent Radio (MAS, Spread Spectrum) Leased Line Program Logic Controllers (PLC) and Distributed Control SFstems (DCS) ~ Allen-Bradley ¢ Siemens / TI ~) Square D ~> Modicon ~ Bristol Babcock Development Software Licensed and operating at Revere: See attached list. Other Software Licensed and operating at Revere: See attached list. Testing: Five Test simulations with separate air conditioned Test Area, On-Site Customer Acceptance and Operator Training. Revised 2/5/2003 Computer Aided Drafting: Four full-time Cad stations utilizing AutoCAD 2000. Plotting capabilities including a t' 6 C 5 wide Bed Ink Jet Plotter and several printers capable of 8-1/2" x 11" or 11" x 17" Laser Jet Quality and Color Pintouts. Many more versions of AutoCAD and AutoCADLT used by engineers. Documentation: Revere has built a reputation for complete and accurate documentation, including detail design documents, first-class AutoCAD drawings and operator, and training manuals. Computerized En£ravin~: Specialized logs, cut-outs, and lettering. Delivery Truck: Ford F-450 with 14' flat bed for exclusive delivery. Ford Econoline Van for small shipments and pick-ups. Service Vans: 5 fully equipped Service Vans. Pricing: RCS size and payment strength has helped to arrange special negotiated pricing direct with manufacturers still using local distributors. These levels allow our customers to get top notch engineering from a company that has one focus. Revere is a UL 508 panel shop. Revere operates under Underwriter's Laboratories certification Number E-88854 and can provide labels for control panels and assemblies. Revised 2/5/2003 Rever An internal news publication for Revere employees 6 October 10, 2002 Revere Receives CSIA Registration After a day-long audit process on Tuesday, October 8, Revere was told that they qualified for CSIA (Control Systems Integrators Association) registration. This has been a goal since joining theAssociation. It is also a requirement for being a member of the Automation Alliance Group, LLC, an alliance formed by ten members of CSIA to market the combined knowledge-based skill sets of the group to major clients nation wide and beyond. Unlike [SO certification, which addresses the processes that impact product quality, CSIA registration ad- dresses all aspects of business conduct, from marketing and sales to accounting, billing, and project manage- ment. The purpose of CSIA registration is to assure end users of integration services that the provider is adhering to best practices of business performance for our industry. As the CSIAexpands its promotion of the registration program, this registration will take on greater significance in dealing with clients. Having the regis- tration becomes an advantage over non-registered competitors that can be used in our marketing and sales activities. We will begin incorporating the CSIA Registered Member logo in our marketing materials. Kudos to Tommy Adams and the supporting team members for their fine work in preparing for the attdit. Regi~teJ'ed"',...~j M em her ENGINEERED TO SERVE '0 0 0 Z° Ii 16C5 oerick A. Lamar, Pro]ect Manager engineering, specializing in water and Experience summary system involved in control systems Since 1994, Derick has been evelopment, variable frequency He is experienced in a full range of PLC families and scADA and radio tetemeuy. ~e application), c ' ' de PLC programming,. S,C .ADA d · --. ~ is also wastewater · - ' n ineermg °kills mcl_u~l d control ctrcmt ctes~gn, sottware..His e -g-etworks, control p,~"~ an drives, wide area n,- ~ experienced with EPA reporUng. 1994 to present Detailed Experience stewater projects. This includes Project Manager, Revere Control SystemS, Birmingham, Alabama Res onsibl¢ for o_v~ P to' ects, trom ~,,~-~r . __:~ and testing o~ ~c~-,--- - ~_~;~ for a o ,erations pro eSS con,,o, coorai=ting the anels to calibrauou a, .... also include overseeing - , variety of systems. ' · ' ' ' ' ' activities m u, .... a from relatively s responsibility have rau~ value. Education/Certification BSEE Auburn University, Auburn, Alabama, 1993 Associate of Science~Basic Engineering, Walker College, lasper, Alabama, 1990 EIT #2109907-87 Derick A. Lamar jim Rayfield, project Engineer made up of elect cal Experience summarY 1ira' s career began ~ 1977 and includes abroad range of experience purchasing, and produCtiOn, as well as design of control systems for industrial and conrract'mg, and wastewater applicatOnS. municipal water 1996 to present Alabama Detailed Experience project Engineer, Revere control systemS, Birmingham' ?LC-based control · and ControlLogiX . for design, programming, testing, and installatiOn support for ~(uP~eS ¢sS~ and pLC Direct. Des,gns .... pLC expert~. _~ Bristol (AccmJ, systct~,- _ ..... la (Moscaul,-- .... :.,o witches, hu~b.. _~, ng , Open BSI, - ~*s u~ Cerumen}~° -~ as DH+, ~¢~' '- _ · lC. Des~Yr~PT onde~are SC~A._~ and wasWwater mcl~es _~ ~2~o teleme~ s~ ..... ~tefial handling conngnre~ ~ Alabama 1987 to 1996 syste~, plus industrial wastewater ~d v~e~ of applications, ~cluding TechnJcia~ElectrJcJan' Revere control SystemS, Birmingham, a ' ~rfor and resting consol . ~ning, and aviatiOn. ~e Responsible for wk~g .... ~as~, na~ gas,. ~, ~o crane ch~s _ ~ .,~, ~nufact~ng, ~ ~d for fabdcauon m wast*w~ .... ~ ....~.rouS sysmm~ .... 1987 instagatiOn m - applications· and indus~al construction pro~ectS. Electrician, MoSouth contractorS, 6ardendale, Alabama perched in a v~ety of residential, c°~ercial' 1985 to ~ 987 Electrician, Dickey Co., Bessemer, Alabama applications-Perfo~ed Desired, engineered, ~d buCt con~Ol panels for industri~ pneU~tic s~ste~- e~ec~ical maintenance on a ~ariet~ of elect~cal and installation and Birmingham' Alabama worL plus peffo~ed power ~lectrician, Dyer Electrical Services, peffo~ed a ~ety of co~ercial installatiOn and se~ice reviews and insta~:~i~ ~:;;~g and Equipment C°" GraySVJlle' Alabama 1979 to 19~ purchasing Agent, south i Handled purchasing, inventories, s~pping' ~d receN~g, pluS assisted engin~rs with p~cing for prancer of indus~ conUol sTste~. 1977 to 1 Electrician, Electrical controls and Service Co., GraysVille, Alabama peffo~ed instalIaton of equipment ~d syste~ in a ~afiety of indus~iat applicatiOnS Educat%onlCertificati°n Mabama 0-974-197~)' Tuscatoosa, ~' U~aversit'J o~ ~s a~a Sck~ccS Cotlege, Bessemer, ~ ' Bessemer Tec~ical Auto Cad, El~mcal ¢~ec~C Motor Con~O[, Elect~cal c~e' Database co~SeS. ~ubum Uni~ersi~ 1SA ScBOOl and various Licensed Master Electrician ., ed Electrical Contractor LicenS ~ ~.~. ~aministrafiOn (MSHA) for sur[ace and underground Mine Safet~ and kleam, 10-22-203 7:56PM FROM REVERE 866 327 6162 P. 2 Ron Stapleton, .Project.Engineer/Manager Experience Summary ... P,.on's business c'xp~k:ncc bogen in lg77. Hc has extensive ~cc in motion control and ,~-" ~~ a v'm'ic~ °fPLC M'oducts in man~/ndnstrie~: ~,a~. ..... Siemens, and Texas L-mromcnts) and I~ll/orr pmdu~ OVlcu~ PanclMe~, Panc~ View, l~Vi~w, .-,--t=~-~qo m a~uuon to ms man~ technicel ~nd ~nginoning as~ignm~n~ Detailed Experience. · . . . . . . . 2002 topresent 'and SCADA projccte. Dcvclopca and cond~.U-aining.cla, s~s for cum~omer end Rcve~ field ~,rvic~ ~mlgn~ pcn~_ ~L Project Engineer, RT~ Wright/ndu~frie~, Inc,, Nashwlle, TN 200f to 2002 Served aa project enginc~ on a high-volm~ ptoduc4i~ Erie for ~ve i3~:hva~s, Thc · emr]oy~ pick-a~d-rlace robots, la, er w¢Idam, rrodu=~ .~=ablr, dynamic tc~t ~tatio~. and paint'l~& 10-22-203 7: S7PM FROM REVERE 866 32'7 61 62 P. :3 16C 5 Special Products tl~nager, Gmmeal Machinery Co., Birmingham, AL q982 to 1991 P.~ponm~t= for ~o~ o£ automation pr°du~, embli,~i~g ~ Mac~ as ti= ind~ai Engi~ U.S. St~, ~ngh~ ~ . f9~ ~ f~2 P~~ p~t ~~ ~ ~! ~g ~o~. Education/Certification * B~ Siam'Technical Collcge, Bcsscm:er, AL; Associatc Degree, 1982. ~ui~ ~a= .t u~v~itr of x~b~- at ~Omn'S~oo~ of Unsincer~ Coas~ Un~v~'ity at San Jose, California .. Ron Stspleton .- 16 5 David Paden, Vice President-Engineering Experience Summary A seasoned engineering professional, David has been actively involved in engineering since 1970. His extensive experience spans a wide range of industries and applications covering power distribution, electrical control systems, lighting, instrumentation, and computer networking. Industrial specialties include foundry and steel applications. In addition to his engineering expertise, David has co-founded two successful business enterprises related to computers and computer networking, providing him with in-depth knowledge of business operations. Detailed Experience VP-Engineering, Revere Control Systems, Birmingham, Alabama 1996 to present Responsible for management of all engineering, design, and training functions for the company's Engineering Department. VP-Industrial Sales & Engineering, Revere Control Systems, Birmingham, Alabama 1993 to 1996 Responsible for development of electrical engineering sales and services for the foundry and steel industries. Vice President, TEKSHOP, Birmingham, Alabama 1990 to 1993 Co-founder of a company that installs and supports Novell networks. Responsible for day-to- day operations of the Birmingham office, as well as for general management of five other offices. This responsibility included marketing, repairs, installations, accounting, and financing. Actively involved in network installation and training of technicians. Established accounting system and arranged receivables financing for all offices. Developed a formal quoting system and improved the incentive system to increase individual accountability for stated goals. Customers included banks, credit unions, mortgage companies, manufacturers, and municipal organizations at city, county, and state levels. Increased revenues from $300,000 to $1.5 million over a three-year period. Manager-Systems & Service Engineering, U.S. Pipe & Foundry, Birmingham, Alabama 1978 to 1990 Managed a department of electrical, instrumentation, civil, and combustion engineers to help implement capital programs of the company. Departmental responsibilities included estimating, justifying, design, procurement, installation, and startup of electrical, piping and burner related portions of major capital projects, plus training of operations personnel. Also responsible for directing the company's energy conservation program, and in that role achieved reductions of 20 percent in energy consumption. Assisted in long-range capital planning and budgeting. In addition, responsible for maintenance, security, and upkeep of the general office building and grounds. Senior Project Engineer-Electrical, U.S. Pipe & Foundry, Birmingham, Alabama 1978 to 1990 Responsible for design, procurement, installation, and startup of electrical phases of major projects, such as melting facilities, pollution abatement equipment, cement lining plants, and poly-lining plants. These projects included design and installation of substations, metering, power distribution (26 kV to 480 V), control systems, motor control systems, 16C5 instrumentation, control panels, and more. Supervised engineering and drafting personnel, as well as construction electricians. Electrical Design Engineer, Rust Engineering, Birmingham, Alabama 1970 to 1972 Performed electrical design work on a variety of industrial projects. Education/Certification BEE from Auburn University, Auburn, Alabama, 1970 MBA from University of Alabama at Birmingham, Alabama, 1982 Registered Professional Engineer in Alabama (Reg.//11346) Registered Professional Engineer in Florida (Reg.# 56551) Registered Professional Engineer in Tennessee (Reg.# 107909) Former Certified Netware Engineer (CNE) Member Institute of Electrical and Electronic Engineers (IEEE) Past Member Amercian Foundrymen's Association (AFS) and served on Energy Conservation Committee Past member of Association of Iron and Steel Engineers (AISE); served as Membership Committee Chair and Program Committee Chair; served on Computer Automation Subcommittee David M. Paden UPPER MILL CREEK REGIONAL WWTP BUTLER COUNTY, OHIO 16 5 Owner: Contact: Butler County Department of Environmental Services Bob Tisch Electrical and Instrumentation Superintendent (513) 887-5574 Contractor: Contact: ESI, Inc. Doug Hurley (513) 7334600 Engineer: Contact: Jordan Jones and Goulding Roger Kress (770) 455-8555 Description: Complete Wastewater Plant Monitoring and Control System Thirty-five (35) new control panels. Three (3) control panels modified by addition of AB SLC 5/05 Ethemet processors, remote I/O adapters and fiber optic converters. Six (6) networked PC's using Wonderware Factory Suite communicating with eleven (11) Allen-Bradley SLC 5/05 processors via a fault tolerant Ethernet Fiber Optic Redundant connection. Five (5) were provided for local area network. C. Approximately 1000 points of hardwired inputs and outputs. Do Field equipment including: (4) Insert Venturi Flow Meters with Rosemount dP's, (4) Drexelbrook Ultrasonic Level Transmitters, (4) Foxboro.Magnetic Flow Meters, (2) Rosemount pH Analyzers, (3) Danfoss Dissolved Oxygen Analyzers, (8) MSA Combustible Gas Sensor/Transmitters, (7) Consolidated Electric Submersible Level Transmitters, (19) STI Float Switches (2) 48" - Tracom Parshall Flumes. Important Dates: Order: July 1999 Submittal Shipment: Equipment Shipment: August 2000 Accepted: February 2002 Approximate Value: $1,069,000.00 PEE DEE RIVER REGIONAl, WATER SYSTEM FLORENCE, SOUTH CAROLINA 16C5 Owner: Contact: Contractor: Contact: Description: A. Co Do City of Florence Florence, South Carolina Forest Whittington (843) 665-3236 Engineer: Contact: Camp, Dresser & McKee, Inc. Jorge Garcia (407) 660-2~52 Crowder Construction Greg Cochran (919) 303-6683 Water Treatment Plant Instrumentation, Control and Plant Monitoring System Three (3) Dell 4300 Series SCADA Servers (Primary, Secondary, and Historical) with Intellution IFIX software with approximately 1500 pts. of I/O. Two (2) Dell Laptop programming computers with Intellution IFIX SCADA development software. Siemens S7-300 PLC in a redundant configuration located in the finished Water Pump Station, Chemical Building, Transfer Pump Station, Raw Water Pump Station and the Filter Gallery. Approximately 4,000 feet of fiber optic cable in a redundant counter-rotating, self- healing fiber optic ring between PC's and PLC's. Raw Water Pump Station communicates with the main filter plant over a spread spectrum Ethernet radio link. Field Instrumentation including: (3) Chlorine Residual Analyzers, (6) Admittance Level Transmitters, (10) Admit/Cap Level Switches, (28) Magnetic Flow Meters, (8) pH Transmitters, (9) Particle Counters, (16) Ultrasonic Transmitters, (2) Streaming Current Monitors, (10) Venturi Flow Meters, (21) Pressure/dP Transmitters, (14) Turbidimeters, (3) Circular Chart Recorders. Important Dates: Order: August 15, 2000 Submittal Shipment: March 2001 Equipment Shipment: July 2002 Accepted: November 2002 Punch List Items Completed: Approximate Value: Total Invoiced: December 2002 $1,300,000.00 - Bid $1,300,000.00 16C5 WASTEWATER TREATMENT PLANT PALM BEACH COUNTY, FL Owner: Palm Beach County Water Utilities Department Contact: David Dalton Plant Supervisor (561) 499-0203 Contractor: Milmir Construction, Inc. Engineer: Hazen & Sawyer Contact: Tony Cattaneo (561.) 997-8070 Description: Complete Wastewater Plant Monitoring and Control System A. Ten (10) Control Panels utilizing Allen-Bradley PLC-5's (one of which was fully redundant), communicating via fiber optic over Allen Bradley DH+ Network (approximately 1800 I/O.) B. Three (3) Remote Pump Stations with Modicon 984 Compact Controllers, communicating via Microwave Data Systems Model 4310 transceivers to polling radios at 450 MHZ. C. Extensive field instrumentation, including, but not limited to, ma~o~etic flow meters, ultrasonic level and flow transmitters, thermal dispersion flow meters, combustible gas monitors, pressure transmitters, temperature transmitters, and various mechanical instrumentation. D. Computer and Information System including: - Eight (8) IBM compatible computer workstations communicating via Ethernet LAN (two by fiber optics) using Windows NT 3.51 operating systems. (6 Operator workstations and 2 Supervisor workstations.) - FIX32 graphical user interface software. - Automatic daily, monthly, and yearly report generation using Microsoft Excel. - Data Transfer of plant information via SQL (Oracle) - Audio alarm annunciation and paging via local radio system of approximately 800 alarms (Specter WIN91 i.) Important Dates: Order: February 24, 1995 Submittal Shipment: July 15, 1995 Equipment Shipment: May 29, 1996 Accepted: June, 1997 Punch List Items Completed: 100% Approximate Value: $1,300,000.00 - Bid $1,300,000.00 - Total Invoiced WATER TREATMENT PLANT COUNTY WIDE BONITA SPRINGS, FLORIDA 6 C 5 Owner: Bonita Springs Utilities Contact: Jimmy Williams Telephone: (800) 583-1496 Engineer: CH2M Hill Contact: P.Y. Keskar Telephone: (352) 331-7991 Contractor: CH2M Hill Constructors Contact: Katus Watson Telephone: (239) 947-2300 RO Manufacturer: GE Osmonics Contact: Scott Clark Telephone: (800) 848-1750 Project Scope and Description: Complete R.O. Plant Monitoring and Control System: A. A New R.O. Plant adjacent to an existing Lime Softening Plant including four (4) Membrane Trains with future expansion of four (4) additional trains and eight (8) well sites with future expansion of eight (8) additional well sites. Network includes a Well Master utilizing a Allen-Bradley ControlLogix PLC communicating with seven (7) Well Slaves utilizing Allen-Bradley FlexLogix PLC's, Fiber Optic Media and ControlNet protocol, a Membrane Train Master utilizing redundant ControlLogix PLC's communicating with four (4) Membrane Trains, three (3) Chemical Feed Systems, a Degassifier And Odor Control System, a Storm Water Pump Station and an Injection And Monitoring Well System all utilizing ControlLogix Remote I/O, Fiber Optic Media and ControlNet protocol. A High Service Pump Master utilizing redundant ControlLogix PLC's communicates with the High Service Pump drives via a hard-wired DeviceNet data link and includes a local Operator Interface touchscreen computer. The Membrane Train Master communicates with the Feed Pump drives and Transfer Pump drives via hard-wired DeviceNet data link and includes a local Operator Interface touchscreen computer. All three (3) Master PLC's communicate to the new and existing control room Operator Workstations via a Fiber Optic Ethernet network. B. Other Network Items Include: Fifty-five thousand (55,000) feet of six (6) fiber Optical Cable including connectors, jumpers, fan-out kits and termination kit. A control room equipment rack is provided to house Fiber Interconnect Centers, fiber to copper Media Converters and Network Switches. All PLC's and Operator interfaces are powered by Uninterruptible Power Supplies. Two (2) new desktop PC's and Report Printer are supplied by the Owner. C. PLC and HMI programming and network configuration utilizing Intellition iClient Development and Rnntime, MS Windows 2000 Operating System, Sytech XLReporter, MS Office XP Professional, A-B RSLogix 5000, A-B RSNetWorx for DeviceNet and ControlNet, A-B RSLinx, A-B Panelbuilder32 and Metrobility NetBeacon, D. Eleven (11) miscellaneous Field Panels housing Pilot Lights, Hand Switches, Digital Indicators, Warning Horns, Alarm Beacons, Surge Suppression, Signal Conditioners, Relays and other components for local control of various processes. QUALIFICATIONS AND CREDENTIALS OF BIDDER &. STAFF SURVEY Electrician - Jim Rayfield Professional Engineer David Paden Radio Frequency Network Don Dean Scott Wilson Lic. # M94-0308-01A1 Lic. # 107909 Lic. # PG-6-27864 Lic. # 553342 All of the above personnel are located in the Birmingham, AL office. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSSEE FL 32399-0783 (850) 487-1395 WEAVER, FRED LYNN REVERE CONTROL SYSTEMS INC 2240 ROCKY RIDGE BIRMIN~ AL 35216 DETACH HERE ~' -~,---.~: ~:- -~.. <..- ~. ~.,.- .~.LOR| , .. ,. · . .. -:..,¢ .,., -~ . ~ unu?f' ~e ~ovlSions -E~ration date: AUG 16C5 RAYFIELD JAMES E ~oo~2s4s~ 0¢1 1 2003 VOID DECEMBER ! SIGNA OF ISSUE ~ ~, ELECTRICAL F~D~MINING BOARD ! .'.~',:: .... ...... [EFFERSONCOUNTY, ALABAM~ ~i-" CERTII=ICATE OE COMPE'~'ENC~Y' (.(d''/ ,,~:).~' :t~' ' ~ ,%~ ~ It~ // . / ~" :i~. SHIELBY COUNTY, ALABAMA ' c~HAIR.A~ 16C STATE OF FLO1TIDA BOARD OF PROFESSIONAL ENGINEERS Tal[ahassee, FL 32303-5267 L Revere Control Systems 2240 Rocky Ridge Road Birmingham, AL 35216 DETACH HERE CERTIEICATE OF AuTHoRIZATION NUMBER: 00008769 DISPLAY AS REQUIRED BY LAW EXPIRATION..FEB 28, 2005 16P, EXPIRATION: FEB 28, 2005 AUDIT NO.: 0305- 0 1 1 2 6 6 P.E. NUMBER: 56551 DISPLAY AS REQUIRED BY LAW CERTIFIED Partner 16C5 Microsoft Membership & Certification Microsoft Certified Partner Membership ZD # 553342 Revere Control Systems is a Microsoft Certified Partner with proven expertise in Microsoft technologies. The references below exhibit this expertise through technical certifications. To become a Microsoft Certified Partner, an organization must maintain at least two Certified Professionals on-staff at all times or have a Microsoft Certified software product. Microsoft reports that the certifications below have been awarded to Revere Control Systems. These certifications demonstrate a proven technical comprehension in their specified area. Revere Control Systems employs a total of 2 individuals with Microsoft certifications. [Micro~ 1Microsoft Certified Professionals (MCP) 2 Microsoft Certified Systems Engineers (MCSE) I In addition, Revere Control Systems maintains individuals in their company who specialize in specific Microsoft products (Areas of Specialization). Listed below are Areas of Specialization for Revere Control Systems: Networking rCP/IP Microsoft certification data provided by: The Microsoft Certified Partner Program Microsoft Corporation One Microsoft Way, Redmond, WA 98052-6399 To verify in the U.S. & Canada, call 800-765-7768. Occupational License would be obtained upon award of work for Collier County. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 16 5 LONG, JOHN WHITFIELD REVERE CONTROL SYSTEMS, INC. 2240 ROCKY RIDGE ROAD BIRMINGHAM AL 35216 DETACH HERE AL ~5216 · ,~%...,, -~-: : .: ' DtSPLA¥ AS REQUIR2D BY LAW INSTRUMENTATION & CONTROI,~q CALIBRATED/CONFIGURED/ REPAIRED/INSTALLED BY REVERE CONTROL SYSTEMS, INC 160 Revere Control Systems has experience in calibration/configuration/repairs and installation of all measurement Instrumentation normally found in Water/Wastewater Treatment Facilities. These include numerous manufacturers' Level, Flow, Pressure and Analytical Devices. Control devices include VFD's, Motor operated valves and PLC's. PLC's include Allen-Bradley (complete line), Modicon, Siemens, Data Flow, Bristol, Motorola, Koyo and Opto-22. Colli~ Co. - 10-24-03 Development Software Licensed and Operating at Revere Allen-Bradley RSLogix 5000 Bundle 6200 Series PLC5 Online RSLogix 500 Offline/Online RSLogix 50ffline/Online 6200 Series SLC 500 Offline/Online RSLogix Emulate 5 PLC-5 WINtelligent Logic 50ffline/Online PanelBuilder Configuration RSView32 Works Software RSTrend Realtime Data Acquisition and Historical Trending RSPower Runtime RSLogix Emulate 500 SLC RSLinx for Allen-Bradley Programmable Controllers DataDisc CD_ROM DTAM Plus Offline programming RSServer32 for Reliance Automax RSServer for Square D SY/MAX Modicon Motorola Eaton GE ProWorx Nxt Concept XL Modsoft Modsoft Lite Toolbox Panelmate Power Series configuration LogicMaster 90-30/205 Wonderware InTouch V7.11 Development Factory Suite 2000 Intellution iFix iHistorian FIX32 1605 Revised 2/5/2003 Square D Symax Series 400 Siemens Simatic S7-300 U.S. Data FactoryLink Taylor Taylor Industrial Software Ladder Development System Automation Direct DirectSOFT Optimation Editor 16C5 Revised 2/5/2003 Other Licensed Software in Use at Revere Magnetek GPD515 Configuration Software Safetronics Drive Configuration Software Spread Sheet Microsoft Lotus 123 Excel WordProcessing Microsoft Word Corel Word Perfect Project Scheduling Microsoft Project Operating Systems Microsoft Windows 95 NT 4.0, Workstation, Server Windows 2000 Windows 2000 Server Accounting Mas90 Mas90 for Windows accounting with Job Cost control Communications Carbon Copy PCAnywhere Database Email AutoCAD Microsoft Access Microsoft Exchange Server Outlook Release 2000 16c, 5 Rev/sed 2/5/2003 Software PLC Rockwell Software RSLogix5 Rockwell Software RSLogix5000 Rockwell Software RSLogix5000 Modicon Concept Modicon ProWorx Bristol ACCOL Bristol Workbench Motorola Toolbox HMI/SCADA Wonderware Intellution Kepware G.E. Cimplicity Operator Interface Allen-Bradley PanelView Cutler-Hammer PanelMate Modicon Magelis Maple Systems Easy Touch Quickpanel Experience Level Expert Expert Expert Expert Expedenced Expert Experienced Expert Expert Expert Experienced Expedenced Expert Expert Expert Expert Experienced Expert SofYware Experience.xls 'A Underwriters Laboratories Inc.:, . 12 Laboratory Drive PO. Box 13995 Research Triangle Park North Carolina 27709-3995 (919) 549-1400 FAX No. (919) 549-i842 File E88854 V01 1 Issued 11/22/83 Revised 09/12/96 FOLLOW-UP SERVICE PROCEDURE ( T~- L) a centre7 of iaJlic INDUSTRIAL CONTROL PANELS (NITW, NITW7 Manufacturer: (173860-001) REVERE CONTROL SYSTEMS INC 2240 ROCKY RIDGE RD BIRMINGHAM AL 35216 RTP Applicant: (173860-001) SAME AS MANUFACTURER Listee: (1738'60-001) SAME AS MANUFACTURER This Procedure authorizes the above Manufacturer to use the marking specified by Underwriters Laboratories Inc. only on products covered by .this Procedure, in accordance with the applicable Follow-Up Service Agreement. The prescribedMark or Marking shall be used only at the above manufacturing location on such products which comply with this Procedure and any other applicable requirements. The Procedure contains information for the use of the above named Manufacturer and representat'i~es of Underwriters Laboratories Inc. and is not to be used for any other' purpose. It is lent to the Manufacturer with the' understanding that it is no~ to be copied, either wholly or in part, and that it will be returned to Underwriters Laboratories Inc. upon request. This PROCEDURE, and any subsequent revisions, is the property of UNDERWRITERS LABORATORIES INC. and is not transferable.- I UNDERWRITERS LABORATORIES INC. S. Joe Bhatia Vice President, Follow-Up Services A not-for-profit organizatiop ded cated to oublic sal%ty and committed to quality service Underwriters Laboratories Inc.® 12 Labomlo~y Drive Nmfh Can:dina 27709-3995 (919) 549-1400 FAX No. (919) 549-1842 (~W'~0~a centm'y of public safety ~ 1894 File E202847 Vol 1 Issued Revised 09/01/1999 Manufacturer: (173860-001) (TYPE L) INDUSTRIAL CONTROL PANELS RELATING 'TO HAZARDOUS LOCATIONS (NRBX, NRBX7) REVERE CONTROL SYSTEMS INC 2240 ROCKY RIDGE RD BIRMINGHAM AL 35216 Applicant: (173860-001) SAME AS MANUFACTURER Listee: (173860-001) SAME AS MANUFACTURER This Procedure authorizes the above Manufacturer to use the marking specified by Underwriters Laboratories Inc. only on products covered by this Procedure, in accordance with the applicable Follow-Up Service Agreement. The prescribed Mark or Marking shall be used only at the above manufacturing location on such products which comply with this Procedure and any other applicable requirements. - The Procedure contains information for the use of the above named Manufacturer and representatives of Underwriters Laboratories Inc. and is not to be used for any other purpose. It is lent to the Manufacturer with the understanding that it is not to be copied, either wholly or in part, and that it will be returned to Underwriters Laboratories Inc. upon request. I This PROCEDURE, and any subsequent revisions, is the property of UNDERWRITERS LABORATORIES INC. and is not transferable. UNDERWRITERS LABORATORIES INC. Robert H. Levine Sr. Vice President and Chief U.S. Operations Officer A not-for-profit organization dedicated to public safety and committed to quality service I ~ BOC~LL SOFT.BE BOCI(WELL SOFTWARE ROCKWELL SOFTWARE Reel(WELL SOFTW~~ ~ .~ ]ll~jOS 11].~LT~il .tll~OS 1i.t/~)!0011 ]8~JOS 11:I,~)DOll 16C5 16C5 0 0 16~5 0 16C5 o b~ 16~5 i, iJ 0 d t 16~5 0 0 16C5 PROJECT APPROACH Revere has completed numerous projects in the S.E. United States as shown in the project listing sections. A project awarded to Revere is assigned a project manager that is responsible for all aspects of that project including: Scheduling purchasing, coordination meetings, submittals, fabrication supervision, testing and start-up. Working under the direct supervision of the project managers are the design engineers And CAD operators. Design drawings, equipment submittals and operation and maintenance manuals are prepared according to the specification. An approved equipment list is prepared and submitted to purchasing for procurement. The equipment is received and logged and a fabrication time name is assigned to the shop fabrication team. From testing, the system is moved to our dedicated testing area where the engineers perform extensive testing of all components as a system using simulation PLC equipment. Typical projects involve an owner and engineer witnessed factory testing prior to shipment. Following testing, the equipment is appropriately packaged and is shipped to the jobsite for installation by the Contractor. Start-up and calibration services are provided by the design engineer and our service department, as required. Training is provided as detailed in the specification by the project manager and design engineer. On-site testing is again performed to ensure a satisfactorily working system. Operation and maintenance manuals are reviewed with the operators. A quality assurance supervisor, Tom Adams, reports to the president of the company and is responsible for Revere's Quality program for each project. We provide you with 24/7 access to all the data related to every order you place wit us. Data such as current status and ship schedule, all engineering drawings, O&M manuals, quotes and correspondence. This Web-based system is provided to as many of your personnel, expediters, engineers, field service staff, and whoever else needs access to project data. In addition to the access you have to information, the service includes E-mail access to our personnel working on your project, plus messages they can leave for you, giving instructions or requesting information. Our status as registered members of the Control and Information System Integrators Association assures you that we adhere to standards of best practices in our industry not just for design and production but also for how we conduct our business, nom first contact to final billing. Typically, we do not subcontract any portion of the project. One project manager and one project engineer will be assigned to coordinate the design, testing, start-up and training activities for the Fiveash Water Treatment Plant Improvement Project. Project Approach.doc -------- . 16C5 Revere Control Systems has no exclusive agreement with any equipment manufacture and manufacturers no proprietary equipment of its own. RCS uses only open software products and off-the shelf components. Revere has done work for Collier County previously, attached is a Project Summary for the South Collier Wastewater Treatment Plant. Project Approach.doc Owner: Contact: Engineer: Contact: Description: A. B. C. WASTEWATERTREATMŒNTPLANT 16C J COLLIER COUNTY, FLORIDA Project Integration Jack Miles (941) 774-6886 Hayzen & Sawyer. Tony Cattaneo (561) 997-8070 New equipment - Two (2) newPLC 5 processors. Two (2) new PC's - one (1) SCADA node and one (1) hot backup, which also serves as a view node during normal operation. By utilizing an existing PC and third party software, the view node provides an almost seamless failover that requires no operator intervention. Communications - Fiber/AB DH+. Existing Equipment - Two (2) existing PLC's, SCADA screens and database merged into the new system. Field Equipment - Two (2) Smart Pressure Transmitters, one (1) Smart Temperature Transmitter, two (2) Dissolved Q2 XMTRs, five (5) Magmeters, three (3) Ultrasonic Level XMTR's, four (4) Thermal Dispersion Flowmeters, one (1) Infa-Red Gas Detector, one (1) Multi-point Level Switch. Important Dates: Order: Submittal Shipment: Equipment Shipment: Accepted: Punch Items Completed: June, 1996 August, 1996 June, 1997 January, 1998 100% Approximate Value: $365,000.00 - Bid $365,000.00 - Total Invoiced &~ 16C5 RATE SCHEDULE FOR TECHNICAL SERVICES: SERVICE TECHNICIAN RATES EFFECTIVE JANUARY 2003 THROUGH DECEMBER 2003 HOURLY RATES (ADD TRAVEL EXPENSES AS APPLICABLE) ACTIVITY RATE CONDITIONS WEEKDAYS (8:00 A.M. - 5:00 P.M.) $60.oo/HR UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES SATURDAYS (8:00 A.M. - 5:00 P.M.) WEEKDAYS (5:00 P.M. - 8:00 AM.) SUNDAYS AND HOLIDAYS SATURDAY 5:00 P.M. - MONDAY 8:00 A.M.) $90.oo/HR UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES $ 120.oo/HR UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES TRAVEL EXPENSES AUTOMOBILE $OAOIMILE MILEAGE FROM OUR FACILITY TO JOBSITE AND RETURN VIA PUBUC TRANSPORTATION OR RENTAL VEIDCLE MOTEL/HOTEL BILLED AT OUR COST BILLED AT OUR COST HOLIDAY INNIHAMPTON INN CLASS ACCOMODATIONS MEALS, TOLLS, ETC. *TRAVEL AND STANDBY TIME SAME AS SERVICE RATES *SPECIAL CONDITIONS REQUIRING EXTRA PREPARATION TIME SUCH AS ENGINEERING AND TECHNICAL REVIEW ARE CHARGEABLE AT TIlE APPUCABLE RATES. *FOUR (4) HOUR MINIMUM APPUES FOR ALL SERVICE RATES. *PHONE SUPPORT IS A V AnABLE, BII1ÆD IN 15 MINUTE SEGMENTS AT S25.oo/SEGMENT DURING REGULAR BUSINESS HOURS, $50.00 PER SEGMENT ANY OTIIER TIME. *WE ACCEPT VISA AND MASTERCARD. 16C5 RATE SCHEDULE FOR TECHNICAL SERVICES: ELECTRICAL TECHNICIAN RATES EFFECTIVE JANUARY 2003 THROUGH DECEMBER 2003 HOURLY RATES (ADD TRAVEL EXPENSES AS APPLICABLE) ACTIVITY RATE CONDITIONS WEEKDAYS (8:oo A.M. - 5:00 P.M.) $50.oolHR UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES SATIJRDAYS (8:oo A.M. - 5:00 P.M.) WEEKDAYS (5:oo P.M. - 8:00 A.M.) SUNDAYS AND HOLIDAYS SA TIJRDA Y56:oo P.M. - MONDAY 8:00 A.M.) $75.oolHR $IOO.oolHR UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES TRAVEL EXPENSES AUTOMOBILE $OAOIMILE MILEAGE FROM OUR FACILITY TO JOBSITE AND RETURN VIA PUBUC TRANSPORTATION OR RENTAL VERI CLE MOTEL / HOTEL BILLED AT OUR COST BILLED AT OUR COST HOLIDAY INNIHAMPTON INN CLASS ACCOMODATIONS MEALS, TOLLS, ETC. *TRA VEL AND STANDBY TIME SAME AS SERVICE RATES *SPECIAL CONDmONS REQUIRING EXTRA PREPARATION TIME SUCH AS ENGINEERING AND TECHNICAL REVIEW ARE CHARGEABLE AT TIIE APPUCABLE RATES. *FOUR (4) HOUR MINIMUM APPLIES FOR ALL SERVICE RATES. *PHONE SUPPORT IS AVAILABLE, BILLED IN 15 MINUTE SEGMENTS AT $25.oo/SEGMENT DURING REGULAR BUSINESS HOURS, $50.00 PER SEGMENT ANY OTIIER TIME. *WE ACCEPT VISA AND MASTERCARD. 16C5 RATE SCBED ULE FOR TECHNICAL SERVICES: SENI 0 R SYSTEMS ENGINEER RATES EFFECTIVE JANUARY 2003 THROUGH DECEMBER 2003 HOURLY RATES (ADD TRAVEL EXPENSES AS APPLICABLE) ACTIVITY WEEKDAYS (8:00 AM. - 5:00 P.M.) RATE $ 125.oolHR SATURDAYS (8:00 AM. - 5:00 P.M.) WEEKDAYS (6:00 P.M. - 7:00 AM.) SUNDAYS AND HOLIDAYS SATURDAY 5:00 P.M. - MONDAY 8:00 AM.) $ 187.501HR $250.oolHR AUTOMOBILE TRAVEL EXPENSES $OAOIMILE VIA PUBLIC TRANSPORTATION OR RENTAL VEillCLES MOTEL/HOTEL Bll.LED AT OUR COST BILLED AT OUR COST MEALS, TOLLS, ETC. CONDITIONS UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES UP TO 8 HOURS COMBINED WORK AND TRA VEL ANY ONE DA Y, PLUS EXPENSES UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES MILEAGE FROM OUR FACILITY TO JOBSITE AND RETURN HOLIDAY INNIHAMPTON INN CLASS ACCOMODA nONS *TRA VEL AND STANDBY TIME SAME AS SERVICE RATES. *SPECIAL CONDmONS REQUlRJNG EXTRA PREP ARA nON TIME SUCH AS ENGINEERING AND TECHNICAL REVIEW ARE CHARGEABLE AT THE APPUCABLE RATES. *FOUR (4) HOUR MINIMUM APPLIES FOR ALL SERVICE RATES. *PHONE SUPPORT IS AVAILABLE, BILLED IN IS MINUTE SEGMENTS AT $25.00/SEGMENT DURING REGillAR BUSINESS HOURS, $50.00 PER SEGMENT ANY OlliER TIME. *WE ACCEPT VISA AND MASTERCARD. 16C5 RATE SCHEDULE FOR TECHNICAL SERVICES: FIELD ENGINEER RATES EFFECTIVE JANUARY 2003 THROUGH DECEMBER 2003 HOURLY RATES (ADD TRAVEL EXPENSES AS APPLICABLE) A CfIVITY RATE $90.oo/HR CONDITIONS UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES WEEKDAYS (8:00 A.M. - 5:00 P.M.) SATURDAYS (8:00 A.M. - 5:00 P.M.) WEEKDAYS (5:00 P.M. - 8:00 A.M.) SUNDAYS AND HOLIDAYS SATURDAY 5:00 P.M.- MONDAY 8:00 A.M.) $ 135.00/HR UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES $180.00/HR UP TO 8 HOURS COMBINED WORK AND TRA VEL ANY ONE DAY, PLUS EXPENSES TRAVEL EXPENSES AUTOMOBILE $O.40/MILE MllEAGE FROM OUR F ACILI1Y TO JOBSITE AND RETURN VIA PUBLIC TRANSPORTATION OR RENTAL VEID CLE MOTEL I HOTEL BILLED AT OUR COST BILLED AT OUR COST HOLIDAY INNIHAMPTON INN ClASS ACCOMODATIONS MEALS, TOILS, ETC. *TRA VEL AND STANDBY TIME SAME AS SERVICE RATES *SPECIAL CONDmONS REQUIR1NG EXTRA PREPARATION TIME SUCH AS ENGINEERING AND TECHNICAL REVIEW ARE CHARGEABLE AT THE APPLICABLE RATES. *FOUR (4) HOUR MINIMUM APPLIES FOR ALL SERVICE RATES. *PHONE SUPPORT IS AVAILABLE, BIlLED IN IS MINUTE SEGMENTS AT $25.00/SEGMENT DURING REGUlAR BUSINESS HOURS, $50.00 PER SEGMENT ANY OTHER TIME. *WE ACCEPT VISA AND MASTERCARD. 1.6C 5 RATE SCHEDULE FOR TECHNICAL SERVICES: SYSTEMS ENGINEER RATES EFFECTIVE JANUARY 2003 THROUGH DECEMBER 2003 HOURLY RATES (ADD TRAVEL EXPENSES AS APPLICABLE) ACTIVITY RATE $loo.001HR WEEKDAYS (8:00 A.M. - 5:00 P.M.) SATURDAYS (8:00 A.M. - 5:00 P.M.) WEEKDAYS (5:00 P.M. - 8:00 A.M.) SUNDAYS AND HOLIDAYS SATURDAY 5:00 P.M.- MONDAY 8:00 A.M.) $ 150.001HR $2oo.001HR AUTOMOBILE . TRA VEL EXPENSES $OAO/MILE VIA PUBLIC TRANSPORTATION OR RENTAL VEmCLES MOTEL I HOTEL BILLED AT OUR COST BILLED AT OUR COST MEALS, TOLLS, ETC. CONDITIONS UP TO 8 HOURS COMBINED WORK AND 1RA VEL ANY ONE DAY, PLUS EXPENSES UP TO 8 HOURS COMBINED WORK AND 1RA VEL ANY ONE DAY, PLUS EXPENSES UP TO 8 HOURS COMBINED WORK AND TRAVEL ANY ONE DAY, PLUS EXPENSES MILEAGE FROM OUR FACILITY TO JOBSITE AND RETURN HOLIDAY INNIHAMPTON 1NN CLASS ACCOMODATIONS *TRAVEL AND STANDBY TIME SAME AS SERVICE RATES. *SPECIAL CONDmONS REQUIR1NG EXTRA PREPARATION TIME SUCH AS ENGINEERING AND TECHNICAL REVIEW ARE CHARGEABLE AT TIffi APPliCABLE RATES. *FOUR (4) HOUR MINIMUM APPLIES FOR ALL SERVICE RATES. *PHONE SUPPORT IS AVAILABLE, BILLED IN 15 MINUTE SEGMENTS AT $25.00/SEGMENT DURING REGULAR BUSINESS HOURS, $50.00 PER SEGMENT ANY OTIffiR TIME. *WE ACCEPT VISA AND MASTERCARD. .........-----.-.......-----.---.------------...-..-...._. . 16C5 ... MEMORANDUM Date: May 121 2004 To: Lyn M.Wood Purchasing Agent From: Linda A. Houtzerl Deputy Clerk Minutes & Records Department Re: Contract #04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" (Control Instruments, Inc. Contractor) Enclosed are three (3) original documents 1 as referenced above (Agenda Item #16C5) 1 approved by the Board of County Commissioners on TuesdaYI January 271 2004. One original of the document has been kept for our records and one has also been forwarded to the Finance Department. If you should have any questions 1 you may contact me at extension #8411 Regards 1 Enclosures FILE NO.: {)'f- PRc- ððo'f9 DATE REC~~~E: A1~o£\7c'! 1 6 C 5 zoo~ MA Y I 0 PM 3: 49 ITEM NO.: ROUTED TO: DO NOT WRITE ABOVE TillS LINE To: Scott Teach Assistant County Attorney Lyn M. Wood, C.P.M. èßr· Purchasing Agent 732-2667 ~µ 1!n(fJ'1 1l~·~J H~' }X , ,. uc.-\. J-u IJ ~ C. \ CC : ~.e", ~ P"y/)'1 M t..£. REQUEST FOR LEGAL SERVI Date: April 21, 2004 From: Re: Contract #04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractors: Control Instruments, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on January 27,2004; Agenda Item 16.C.5 This item has JI! been previously submitted.¿¿,4 Ó Lf-P f? c.!- - tJ () CJ I g. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. OATE RECEIVFn MAY· f 1.., '..:;.1 V'V'I ~ISK MANAGEMENT Memorandum 16CS '<4!11 ;tJ ~ DATE: April 21, 2004 TO: Sheree Mediavilla, Senior Analyst. l Risk Management Department CJV \.)J v\ LynM. Wood, C.P.M. J.u<rr-' (~\\t~:\\ ) Pnrchasmg Agent Ij\ ð' 2) ì:}'f!' Review of Insurance for: \. . Contract #04-3536 -- "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractors: Control Instruments, Inc. FROM: RE: This Contract was approved by the BCC on January 27,2004; Agenda Item 16.C.5. Please review the Insurance Certificate in these Agreements for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Dennis McGee, PUED ·"__w___~_·_··~··_ AGREEMENT 16C 5 THIS AGREEMENT is made and entered into this 2ih day of January, 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Control Instrumentation, Inc., authorized to do business in the State of Florida, whose business address is 5253 Oakdale Road, Smyrna, Georgia 30082 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating January 31, 2005, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16C5 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Mark G. Healey, President Control Instrumentation, Inc. 5253 Oakdale Road Smyrna, Georgia 30082 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page -2- 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to u1e ~afi} 5 manner whatsoever, county facilities for any improper, immoral or offensive purpose, .Lf(Ja~ purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits In compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- 12. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars G~:g'0Ð. 5 the receipt and sufficiency of which is accepted through the signing of this document, I harmless and defend Collier County and its agents and employees from all suits an ac on , including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums Page -4- due Contractor the amount of any liquidated or unliquidated obligations of Contracto~o ~wffr5 whether relating to or arising out of this Agreement or any other agreement between ~CO'~o and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable Page -5- to the Project, including but not limited to those dealing with taxation, workers' co~efi~' n, 5 equal employment and safety (including, but not limited to, the Trench Safety Act, Ch p , Florida Statutes). If Contractor observes that the Contract Documents are at variance t er it, it shall promptly notify Owner in writing, 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or Page -6- materials of Owner or Owner's separate contractors, Contractor shall be charged with the5" same, and any monies necessary to replace such loss or damage shall be deduct~ f~rrBn amounts due Contractor. 1: 0 U B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Page -7- Documents, that the entire balance found to be due Contractor is due and payab1le. 6FinCal 5 payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out Page -8- verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04-3536, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any relateðlplf!!sp 5 specifications for any such Quotations or Work Orders. .L 0 lJ 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ,."", 11; I.', t"1 'Iliff ,'~ ~..,\¡J, 'I .t?Ot~¡ì;.¡ II,? ,: ~"- \..,'" .t..!~J .t" ATTEST. ::-......."':~,,'~........ø'*.!II~ ~'\''':'~. . '.:: ,~þ~.. :('~..... '. ~ Dwight E. ß~·;·Rt~~1q1-C~A ~ ±'l ~ .~~~~~,\ ',';:)i¿~. 1 ~ ~ By' " ~ ..-'"/'" . 'It .,.:- ':'" \,-:') ... ...,:~: $ '1 Í1~"'~ ..' >d,; , Dated: Ó\' #f'·vH·'Ý'···· ¡f'.<''>'" ,,' -'J '- 3ä~t~~,.\\\>... (Seät)I¡ II' t ," ",\\\ Attest II \0 Chat....', signature 0.11. BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA ~d-~ .,' By: Commis ioner Donna Fiala, Chairman ~~CWt-:-~ First Witness CONTROL INSTRUMENTATION, INC. Contractor ~~}-{\~ Signature By: Janice Weinstein TlP~fPrint Witness J-Jame 1~)WX ~/~ f Second Witness Mark G. Healey Typed Signature President Title Karran E. Sikes Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and '6:Jct?LL Scott Teach Assistant County Attorney Iten' # !to C. 5 -!L~?jQ&t :'". ~LJ.5 /.2'1 ¡:'..v ¡j ~AA)j(ð74~ .. ,<,puty CI8ïk Page -9- EXHIBIT A PUBLIC PAYMENT BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Se4tion 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties oöligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. , IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- Signed, sealed and delivered in the presence of: PRINCIPAL: 16C5 Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of , as of corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- 16C5 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to I as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- This instrument shall be construed in all respects as a common law bond. It is expressly un4rs~d(\ ¡: that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not app~ousv ., bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200_, by as day of of corporation, on behalf of the corporation. as identification and ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- ATTEST: SURETY: 1be ~ (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM 16C~ Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 200_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Page -16- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 16C ~ (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No, for Work accomplished through the Date: RE: % % (Project Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page-17- EXHIBIT D CHANGE ORDER 16C5 CHANGE ORDER NO. CONTRACT NO. 04-3536 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L-J calendar days, The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: .200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -18- EXHIBIT E 16C5 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -19- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, 16 C 5 maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title Page -20- EXHIBIT F 16C5 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -21- The following warranty is attached to and made a part of this Certificate: 16C5 EXHIBIT G Executed by Design Professional on 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title Page -22- EXHIBIT G 16C5 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATE SEAL BY: Attest: Page -23- EXHIBIT H 16C5 Collier County Standard Fee Schedule RF P 04·3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician $65.00 per hour Programmer/lntegrator $100.00 per hour Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -24- PRODUCER Yates Insurance Agency P. O. Drawer 95806 Atlanta, GA 30347 (404) 633-4321 THIS CERTIFICATE IS ISSUED AS A MATTER OF.: ONLY AND CONFERS NO RIGHTS UPON THE C I Ä HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CRDE ACORD.M CERTIFICATE OF LIABILITY INSURANCE INSURED Ralph Healey & Assoc Inc & Control Instruments Inc 5253 Oakdale Rd Smyrna, GA 30080 INSURERS AFFORDING COVERAGE I~URERA: Fidelity & Guaranty Ins CO INSURER B: Gulf Underwriters Ins Co INSURERC:St Paul Fire & Marine Ins Co NAIC# INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I~~: ~~~~ - --rp~.H~Y EFFECTIVE POUCYEXPIRATioNr---·--_·_---- U'¡ITS -- --- POLICY NUMBER Ix GENERAL LIABILITY I EACH OCCURRENCE $ 1,OOO,00C A X COMMERCIAL GENERAL LIABILITY BK01518420 10/17/2003 10/17/2004 PREMISES (Ea oc~~~nce) $ 300,OOC i CLAIMS MADE ŒJ OCCUR MED EXP (Anyone person) $ 10,OOC PERSONAL & ADV INJURY $ 1,000,00C - 2,000,OOC GENERAL AGGREGATE $ - .--- GEN'L AGGREGATE LIMIT APPLIES PER: .!'RODUCTS - COMP/OP AGG $ 2,000,OOC I POLICY [Xl ~~W,: n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO - - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (Per accident) $ _ NON-OWNED AUTOS I PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO , EA ACC $ OTHER THAN : AUTO ONLY: AGG $ I Xl"'''''''''' c_,= ! EACH OCCURRENCE $ 2,000,OOC B X OCCUR D CLAIMS MADE GU0180582 10/17/2003 I 10/17/2004 AGGREGATE $ 2,000,000 I I - $ Q DEDUCTIBLE $ i X . RETENTION $ 10,000 $ I WORKERS COMPENSATION AND i X I WC STATU- I iOTH- TORY LIMITS ER C EMPLOYERS' LIABILITY WVA7406598 i 10/17/2003 10/17/2004 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE I EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 If yes. describe under EL DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Contract #04-3536-Annual Contract of Instrumentation, Controls, Telemetry and SCADA Integration Services. Collier County Board of County Commissioners are added as additional insureds as respects to general liability coverage for the work performed by the named insured. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 E Tamiami Trail Purchasing Building Naples, FL 34112- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3-º-- DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ,.--;f':::;-£-- ACORD 25 (2001108) © ACORD CORPORATION 1988 RALPHEA-01 CRDE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25 (2001108) '11-25-03 03:35PM FROM-F SCOTTY LEWIS STA.TE FAa", & 1!'1111S.UQ.ANCC; '. 770-381-1717 T-090 P.02/02 F-305 SCOTTY LE¡tlIS Auto-LifE~Health-Hom~ and Business 1245 PLE1 SÄWl' RILL ROAD LAWRENCE\ILLET GA 30044 PHONE (770) 381-1200 16C5 FAX (770) 381-1717 November 25, 2003 CERTIFICATE OF INSUR~CE POLICYHOJDER: RALPH HEALEY AND ASSOCIATES DBA CONTROL INSTRaMENTST INC PO BOX 93643 ATLANtA GA 30377 -----~--~-------------------------~~--------------------------------------- POLICY# TYPE OF INSURANCE F06 0409, F06-11A-9ZZ FLERT POLICY POLICY PERIOD 12/06/1999 TO 12/06/2004 ---,----_.. -...--..----.-- ------------- ----- ------------_...........--~..... _.-_-~--...-..--------..--- ------ BODILY n JURY & PROPERTY DAMAGE SINGLE LIMIT 1, 000, 000 ****~*~*. ******30 DAY CANCELLATION CLAUSE INCLUDED**********~****~*****~*** THE CERT: FlCATE OF lNSUR;WCE IS NOT A CONTRACT OF INSURANCE AND NEITHER JÛ'FIR.~T: VELY NOT NEGÞ.TlVELY AMENDS, EXTENDS OR ALTERS THE COVE..'<AGE APPROVED BY ANY POLICY DESCRIBED HEREIN. AGENT---- ----------ADDRtSS----------------------AGENT CODE--------PHONE,---- --------. ----~-~---------------~---------------------------~---------------- SCOTTY LJ ;WIS 1245 PL~~AN! HILL RD 4~lP£NCEVILLE, GA'I 30044 770-381-1200 1726 AGREEMENT 16C5 f THIS AGREEMENT is made and entered into this 2ih day of January, 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Control Instruments, Inc., authorized to do business in the State of Florida, whose business address is 5253 Oakdale Road, Smyrna, Georgia 30082 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating January 31, 2005, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16C5 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Mark G. Healey, President Control Instruments, Inc. 5253 Oakdale Road Smyrna, Georgia 30082 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page -2- 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any perso¡oQ.~nSny , manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- , 16CS 12. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars ($100,00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums Page -4- ..---...---- . c < 16C due Contractor the amount of any liquidated or unliquidated obligations of Contractor to 2ner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "0" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable Page -5- 16Cs to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. . 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or Page -6- -~---- 16C5 materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Page -7- 00'___'00'--- 16CS Documents, that the entire balance found to be due Contractor is due and payable. payment shall not become due and payable until Contractor submits: Final (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out Page -8- , ' , .16 C ~ '~. verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No, 04-3536, any adderi1ia, . '1 any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock",el~ir&:öfCourts ".>\...:,~:::'.JF>~>;., , BY~.d~).@;.~k\~~ . . .::: ~>/,;,\~i,.,~~,;-~ ~: ;-(~ Dated: 5~ t:fI. ~ ~-V. ': f :~~ ; .." ~ ,..-4.. O"""'/t:,,""-"'.' Attest u ~~~. .;¡'~i~::::>~,:/;;- , '"':'7''. ....., *,...J .' signature 0A1J',,'~'; 'U:;:h'.\i'~,./ ". II¡ ¡; II i\ "",., , ~~J [j~~ \ First Witness Janice vJeinstein Tf'{p,rinl wilMa,me {! Q1ø\. I 19) Second Witness Karron Sikes Type/Print Witness Name Approved as to form and ~¡P LL- Scott Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA ~ .d4."4. By: Commis ioner Donna Fiala, Chairman CONTROL INSTRUMENTS, INC. Contractor By ~~~- Mark G. Healey Typed Signature President Title CORPORATE SEAL (Corporations Only) llem # lk.C-5 Agenda, \ '-, \ 04 Date ~ Date 5 - \L\ . Dq Rec'd -,."",, ~ Page -9- EXHIBIT A PUBLIC PAYMENT BOND 16CS Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as , as Surety, located at - (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. Principal, and WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- Signed, sealed and delivered in the presence of: PRINCIPAL: 16CS Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 200_, by - ,~ ~ I a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- 16CS As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200--, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. day of My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16CS Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. ourselves, our heirs, WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- . . 1 ~C This instrument shall be construed in all respects as a common law bond. It is exprest!1\7 u~erst5 that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by ,as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- ATTEST: SURETY: 16CS (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200---, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. day of My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16CS COUNTY OF COLLIER) STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200- for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -16- 16CS EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date $ $ % % Liquidated Damages to be Accrued $ Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ $ $ $ $ $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through - inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By Design Professional: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page -17- EXHIBIT D CHANGE ORDER 16Cs CHANGE ORDER NO. TO: CONTRACT NO. 04-3536 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly. the Contract Time is now L-J calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any. to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200- CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -18- EXHIBIT E 16Cs CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -19- - --.. ------.--- -- --..------.-- ---------.-- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 16CS RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title Page -20- EXHIBIT F 16C5 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -21- 16CS The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title Page -22- 16C, . EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATE SEAL BY: Attest: Page -23- EXHIBIT H 16CS Collier County Standard Fee Schedule RFP 04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" programmerll nteg rator $65.00 per hour $100.00 per hour Technician Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -24- 5 LPHEA-~1 .' CRDE . A CORD.M CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 2/2/2004 PRODUCER (404) 633-4321 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Yates Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Drawer 95806 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Atlanta, GA 30347 INSURERS AFFORDING COVERAGE NAIC# INSURED Ralph Healey & Assoc Inc & Control INSURER A: Fidelity & Guaranty Ins Co Instruments Inc INSURER B: Gulf Underwriters Ins Co 5253 Oakdale Rd INSURERCSt Paul Fire & Marine Ins Co Smyrna, GA 30080 INSURER D: INSURER E: 16C COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ POLICY NUMBER POLICY EFFECTIVE P2~!Ç'y,~~!'.~~N LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,OOO,00C A X Xl COMMERCIAL GENERAL LIABILITY BK01518420 10/17/2003 10/17/2004 ~~~~~~S lEa occurence) S 300,00( 1 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10,00( =J PERSONAL & ADV INJURY is 1,000,OÓC GENERAL AGGREGATE $ 2,000,OOC ~'L AGGREmE LIMIT AP~¡ PER: PRODUCTS. COMP/OP AGG $ 2,OOO,OOC I POLICY X ~~PT I LOC I ; ~OMOBILE LIABILITY I COMBINED SINGLE LIMIT $ L ANY AUTO (Ea accident) I ALL OWNED AUTOS ì BODILY INJURY f-- I $ SCHEDULED AUTOS (Per person) f--- f-- HIRED AUTOS BODILY INJURY $ R NON-OWNED AUTOS (Per accident) ¡ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ I ~.ANY AUTO I OTHER THAN EA ACC $ , AUTO ONLY: AGG $ I BI ~ESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 . X OCCUR D CLAIMS MADE GU0180582 10/17/2003 10/1712004 AGGREGATE $ 2,000,000 $ I ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND I X I WCSTATU- i IOTH- TORY LIMITS i ER C EMPLOYERS' LIABILITY IWVA7406598 10/17/2003 1011712004 1,000,000 ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,OOO,00C If yes, describe under I E.L. DISEASE - POLICY LIMIT 1,000,000 SPECIAL PROVISIONS below $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job: Contract #04-3536-Annual Contract of Instrumentation, Controls, Telemetry and SCADA Integration Services. Collier County Board of County Commissioners are added as additional insureds as respects to general liability coverage for the work pertormed by the named insured. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 E Tamiami Trail Purchasing Building Naples, FL 34112- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ACORD 25 (2001/08) IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~£-. ~ ~~ @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) "<:', RALP HEA-O 1 CRDE r5~1' '11-25-03 03:35PM FROM-F SCOTTY LEWIS 770-381-1717 T-090 P02/02 F-305 $TATE FAR.. <& SCOTTY LE WIS .NSUo...NCé Auto-LiÍE ~Health-Home and Business 1245 PLE1 SANT RILL ROAD LAWRENCE\ILLEr GA 30044 PHONE (770) 381-1200 16Cs FAX (770) 381-1717 November 25r 2003 CERTIFICATE OF INSUR~CE POLICYHOJDER: R~Pij HEALEY AND ASSOCIATES DBA CONTROL INSTRaMENTS, INC PO BOX 93643 ATLANTA GA 30377 --------"------------------------------------------------------------------ POLICY# TYPE OF INSURANCE F06 0409, FO6-1lA-9ZZ FLEET POLICY POLICY PERIOD 12/06/1999 TO 12/06/2004 --------------------------------------------------------------------------- BODIL'{ II JURY & PROPERTY DAMAGE SINGLE LIMIT 1, ODOr 000 ****y***, ******30 DAY CANCELLATION CLAUSE INCLUDED**********~****~*****"*** THE CERT: FICÞ~E OF INSUR~CE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIR.1<fAT: VELY NOT NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY þ~ POLICY DESCRIBED F£REIN. AGENT---' ----------ADDRtSS----------------------AGENT CODE--------PHONE---- --------. --------------------------------------------------------------.---- SCOTTY LJ ;WIS 1245 PL~~AN! HILL RD 1AÝIP£NCEVILLE, GA'I 30044 1726 770-381-1200 To: From: Date: Subject: Memorandum l6GS . -1- l' 1I!ij Bonnie Zinn, Finance Linda A. Houtzer, Minutes & Records Sue Hebbe Purchasing Technician May 17,2004 RFP 04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contract Proposal Copy for: Control Instruments, Inc. Bonnie & Linda The attached is a copy of the submitted proposal for the above referenced vendor that we now have a fully executed contract for. Please attach this to the contract you have. Thank You ~, Purchasing Department . ------- --- AGREEMENT 16C5 THIS AGREEMENT is made and entered into this 2ih day of January, 2004, by and between the. Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Contrallnstruments, Inc" authorized to do business in the State of Florida, whose business address is 5253 Oakdale Road, Smyrna, Georgia 30082 (hereinafter referred to as the "Contractor"), WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating J~rìuary 31, 2005, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have . three one "(1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreément for up to one hundred eighty (180) days. The County Administrator, or his designee, . shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and Jhe Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the . Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County wiH negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- l(¡.'24/03 10:34 U4047945784 C 2 IIBEALEY [4J 001/002 16CS ô C21 CONTROL INSTRUMENTS, INC. NA TIONWIDE SYSTEM INTEGRA TION ENGINEERING: Offices in: Atlanta, GA JacksonviUe, FL Rlleigh, NC SERVICE: Otncas In: 5253 OAKDALE ROAD. SMYRNA. GEORGIA 3Cœ2 MAlUNG ADDRESS: P.O. BOX93643' ATlANTA. GEORGIA 31371 PHONE: «W351.'œs. FAX: 4D4I794-5184. EMAIL.: adminOç2ßnc.cam sALES: Officu In: Georgia Florida VIrginia Atlanta, GA Charlatte, NO Ft. Myel'8. FL I October 24, 2003 Ms. Lyn M. Wood, C.P.M Purchasing Department Collier County Government Center Purr11S1dng Building 3301 EaSt Tamiami Trail Naples, FL 34112 Reference: RFP #04-3536 - Annual Contlact for InmumentatiOn, Controls. TclemctIY &. SCADA Integration Services Pear Ms. Wood: Followíng up our conversation tbis momíng, we discovered that, although our ißsurance agent signed the document, we faited Lo sign the Cottier County insuJanCc requirements on Page 22 oftbc Qùal.ífication Fonn. As you suggested, we haVe enclosed õ1 signed r'Om!. for insertion. We appreciate your assistance in this matter. and if you have any questions, please let us know. Sincercl}', ~~~ Mark G. Healey CON"mOL INSTR.UMENTS. .fC2i MGHljw Attaclunent c\prc::sub\còllic:r co 102403 \ \ \ .---~---'-'-'---' . 10/24/03 10:34 ff404 794 5784 IU-Z3-D3 15:57 FROM-YATES INSURANCE~GENCY .:. la/~J{OJ 16: za 1t.tOa 794 57::104 C2I/HEALEY 4046331312 T-689 . 141 002/002 p.DS/D3 F-QT9 ~.:.~, n¡,;,;n."". 16C5 p:¡£.c 22 UP l'tJo. 04--3:536 -- AI¡Qua.1 CQna-3C:~ for InslNlÐc:n1anD~l, ContrQ~. Tc;lcmc:tn and SCA.C~ 11'\~g~nol1 Servt¡;cS Collier County Florida InSuriinc:e Requirements (Continued) ---X. 6. ContractOr shall insure that aU subcQl'\traclors comply with the same in5urance requirementS that he is required to meet. The same COf1tractO( shall provide the Co~nty with certificates of insurance meeting the required insIJrance pro..nsions. -Ã 7. colUer County must be named as "ADDIT'ONAL 'NSU~EDII on the Insurance CertIficate for Commercial General Liabili\,;. J... 8. Comer County Beard of County Commissioners shall be named as the Certificate Hc1de.-r. NOTt:: The "Certificate Holder" should rBad as fonows: COni6r County Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 .-X 9. Thirty (30) Days Cancellation Notiçe is required- ~ , Q. Ttte Cer1jficale musl state tF'le RFP Number and Title. . . --' -- BIDDER"S AND INSURANCE AGENT STATEMENT: We understand the insurance requiremenTS contained in lhese specifications. and that the evidence of said insuranç;e may be required within five (5) business days of the award of RFP. CONI'RDL INSTRUMENI'S, mc . Proppser ~\~- ~ ~~~ RUJ!~'fÏ&esident 47;; ¿ ~a ~fl'lC-V Insurance ~ency O~\~\NA~ 16CS ~J ð DBI CONTROL INSTRUMENTS, INC. NA TIONWIDE SYSTEM INTEGRA TION ENGINEERING: Offices in: Atlanta, GA Jacksonville, FL Raleigh, NC SERVICE: Offices in: Georgia Florida Virginia 5253 OAKDALE ROAD. SMYRNA, GEORGIA 30082 MAILING ADDRESS: P.O. BOX 93643. ATLANTA, GEORGIA 30377 PHONE: 404/351-1085. FAX: 404n94-5784. EMAIL: admin@c2iinc.com SALES: Offices in: Atlanta, GA Charlotte, NC Ft. Myers, FL PROPOSAL FOR RFP #04-3536 ANNUAL CONTRACT FOR INSTRUMENTATION, CONTROLS, TELEMETRY & SCADA INTEGRATION SERVICES COLLIER COUNTY GOVERNMENT, FLORIDA PREPARED BY: CONTROL INSTRUMENTS, INC.lC2i OCTOBER 2003 -----.-.- -.. C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA tt> C 5 Table of contents Company Credentials .....................~.......................................................................1 Staff Credentials .....................................................................................................2 Resumes ................................................................................................................3 References .............................................................................................................4 Equipment Qualifications........................................................................................5 Programming Qualifications ...................................................................................6 Systems Qualifications ...........................................................................................7 Cost Proposal.........................................................................................................8 Emergency Work Rates .........................................................................................9 Supplemental Information: Statement of Litigation.............................................................................10 Proposer Qualification Form....................................................................11 -..-------. . C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA pat 6 C 5 1. Company Credentials Control Instruments, Inc. (C2i) is an instrumentation system integrator of custom engineered systems. C2i utilizes up-to-date multiple hardware/software platforms in the control room and multiple programmable logic controller/RTU platforms in networks as requested by owners and engineers, whether radio transmission, fiber optic cable, or conventional cabling. C2i is a full service systems integrator that was established in 1962, and has been in continuous operation ever since. Predominantly active in the municipal water/wastewater market, C2i has provided over 600 integrated control systems in the water and wastewater marketplace. Early projects were relay- logic-based systems whereas those of more recent vintage are PLC/HMI-based systems. C2í continues to train its engineering staff and to hire qualified engineers to ensure that our customers receive the latest technology in PLC-based SCADA systems. During the past 5 years, C2i has provided over 100 systems that utilized programmable logic controllers and HMI software packages. Facility and Location: C2i is headquartered in its own 16,000 square foot facility just outside of Atlanta, Georgia, in a community called Smyrna, Georgia. The C2i facility houses engineering offices, service and repair facilities, as well as a large production, staging and manufacturing area, employing 37 people. C2i is a certified and regularly inspected UL508A and UL698A panel shop. C2i operates multiple engineering and service facilities in Florida. The key support office would be our Fort Myers/Cape Coral facility. Additional supporting offices are in Orlando, Jacksonville and Pensacola. . ....--_._- C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA pag16 C 5 2. staff credentials Listed below are the C2i staff who, as a minimal, will be assigned to the county. Resumes are supplied in Section 3. Name Certificate/Experience Key 1 2 3 4 5 6 7 Licensed Electrical Contractor (Florida, Georgia, Alabama, North Carolina, South Carolina, Virginia) Registered Professional Engineer Radio/communication diagnostics General instrumentation PLC programming capability VFD and configuration capabilities HMIISCADA programming ""--'-- """"._-",-,- C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA pagel 6 C 5 3. Resumes Following are the resumes of C2i staff who will be involved in the project. C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA POge516 C 5 ~ C2i TECHNICAL 5T AFF QUALIFICATION EMPLOYEE: SCOTT WEST EDUCATION: United States Navy 1984-89; Graduate of Naval Basics Electronics School, Naval Electronics Technician A School, Naval Maintenance, Material & Management. Certified Naval Miniature Solder Repair Technician. TITLE: Project Engineer WORK EXPERIENCE: Fifteen years experience in electronic and developmental engineering performing installation, preventative and corrective maintenance on communication systems, alarm monitoring systems and various test equipment. Responsibilities include: . Selection, calibration, troubleshooting, and implementation of primary field instrumentation; . Development and implementation PLC program and equipment; . Development and implementation of MMI software; . Expertise in system design and modification, CAD generated mechanical/electrical drawings, PLC programming, PC software development and integration, development and implementation of training programs, system startup, and troubleshooting. Previous work assignments: JEA: Mandarin WWTP / Arlington WTP / Monterey I District II OUC: Conway WTP Jupiter RO Facilities I Margate WTP & WWTP / Okeechobee &{)~ IJd/~ ScottNve~ -...-._____0_--' . C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA pag16 C 5 j~ C2i TECHNICAL STAFF QUALIFICATION EMPLOYEE: AL HANDLAN EDUCATION: Electronics - Wake Technical College, Raleigh, North Carolina Electrical Contractor's Course I & II TITLE: Production Manager WORK EXPERIENCE: Four years experience in complete installation of main-frame computer systems. Fourteen years experience in industrial electrical installation and control panel layout and fabrication. Responsibilities include: . Supervision of C2i production facilities; . Quality Control and certification compliance liaison (UL508); . Supervision of field-installation teams; . Startup and commissioning contract compliance; . Non-restricted Electrical Contractor's License, States of Georgia, Florida, Alabama, North Carolina, South Carolina; . Master Electrician's License, State of Virginia. Previous work assignments: Oversees all manufacturing and electrical services I~ WlR- /'~tL~ AI Hándì~ "':>;>- Lî\ <:..) '" ..-4 AC# 1 0 1 3 7 5 9 51 A 1E OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD SEQ#LO3081803232 ~LICENSE NBR 1108/18/2003 1030103752 ECOO01829 The ELECTRICAL CONTRACTOR,:,,',,- (: tV Named below IS CERTIFIED ,(', ;¡'('"":¡ ~ j Under the provisions of Chapter;548,~-'FS. Expiration date: AUG 31, 2004:;H.;\:~\ml:>'fJ \ i, 'i':, "'~1"1; ¡ , .' '~F\ iI' \11."" ~. , ";'t/'i . ' , !' HANDLAN, ALFRED CORBIN CONTROL INSTRUMENTS, INC. 5253 OAKDALE ROAD SMYRNA GA 30082 I I I I I JEB BUSH L_.__.~_OV~RNOR_...___.- DIANE CARR SECRETARY .. ----.----.--0 I SRLAY-AS.REQUJ RED-flY-LAW -"------'--'---"'. -.I I ""_.,.,, "'M',". ,-" .. . ----........",.".... ~' Lr\ c.,., '" r- r-t ST A TE OF NOI~TH CAROLINA BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS /!7Iti;y Ùy trY é{ieAtißJ tlud: Control Instrume~s Inc. At).é?-l1:t:.Q.., GA °1 1/' ¡;¡";(!,¡,¡" I ' ',I /", ,"-,~ " , ,: (,t, ,~" , ," ',"<:1(, <Jt , .1' Ld ',(I.>, , ., " ',J I! ., \'0, \(, i,y dtlo/f ~effút(Ytect a'lut {Y13(¡¿{fil¥~'~fii~~cf&¡(lt6wt f(6r»ú'Uu;linff Ùv lh~ Limitation: Any project .,:iegatdl~/~~~'<?t<yq'ì4~ ,. ,', "("'II\'"",\r,"~'II'1 ',":' !.,J",\ ",_~}J,\\:1 ;'.I:í \:: '\ ¡)¡! \I,~Fl,};\\\V :" ¡jJ "", I",' "'/,',"')"\,1;,.,1'/"',,,/,' ";, ""~î~¡'~~!~"~ ,\,',; , ".¡ "'; "::\V/),~fltnej.y OWI/ It£//ndj' {l/J'l£t JUtt of tltlY f!iJoau:b ,,;;~,i9 ~ . . J¿r~~2B~ - ;(JIM /} ,/"iIha¿'mmv - ,C)?etaelMlJ - .úJ"wauoe¡. ,""""" °"""",, LICENSE NUMBER 20782-U Alfred C. Handlan, Qualified ,'.' Control Instruments Inc. P. O. Box 93643 Atlanta, GA 30377 ~: '.~." "'-""'."""~"._'o." 'h~b.~""'" ..:<Ii.' """';;'~' '-~', EXPIRATION DATE 03/31/2004 .,~o, ",-:, ""0' '-"'Þ;', ----.-- -. .._,,_..~,_o '., ~- -,~.,~-_. -_._-.'-....---~.,_. ..~._....,..._.._......,~..'.. LC\ c:....:> '" r-t to"~') (tj, ':,:{ , , "\ à<, ~ \ ",', , ':'. \~:~ :'~ ':~':':i> : ' "', ," ":e,,, ' ) '. 1, >",~" ",1 " ""'::""'~",," ~:~~~, " ' ";"~'"""':", "'~ ,~, ~ " " ,,;;"'óf G ë';~ f' "'" :,,: , ., ' ~(~'" "~.:,~;.;;.~:~ 'i" ' / "0 v 'L,~' ,:r /, :(.,. """"" -; \~ ':',,~,~,..1' )'" ¡""¡~,,,i~,"~,'-~';" , :JLj~.1!{ , ~~~~I~~ ~tatc 0I11tH3tnu:tiau ~Juíhtßtrt! 'lfiiCCtH3iug '@111arà ¿Di'l1izillU of llJlcctrical OIl1l1tradorz <-o/~ td/ lev cedi/? thaJ; ALFRED CORBIN HANDLAN hamil/}' ffIÚe.n/ .ialtdjcujOl<j/ emdencø oj! the- IU~(,Æ¡ula~!I/ fjüaljlca./ûJnlJ/ alJ/ Fer¡uÚ<ed Æj? Ihe- kulg& 0/ t/z:e- Yh.le- o/cgeLl~ia/ haIJ/ &eerù du4r J<~Mø<at ad/ arù 2Jilc.ctri.cal QInntrartnr {r~='::==o:==::.."'-=~ ---------- --:-:---- 1:".==0"= :~::'==_=:~=:-.::~~~~~::;;==::' ':::=-::::::=:=~~~:~::":=.--==---'-'::--- -~J STATE OF GEORGIA CATHY COX, Secretary of State State Construction Industry Licensing Board Electrical Contractor- Non Restricted LICENSE NO. EN21O7l4 EN2JO714 t~ h eJ<e~if' ffJ<f~nlet.-t Alfred Corbin Handlan 2680 Arbor Spring Way Marietta GA 30066-0000 EMBER1994 I/Þd ÆultìJt/ B~~~~~~=N ~_. ~=.=:~ - '" ~~ &~.Y\ß,J,tt-~-- EXPIRATION DATE - 06/30/2004 Active -.W1 [Ql L{'\ C-' '" r-t --,.' '-'" ..--, ----;;;,~;~:;~;;-;;;';;;~ ;;N,.;~:;¿-;;-;; ';~~, ~;~ ~:;~~~~;~7~,T,','"O,', :~- . '-',"", 1Ii1!'.1", ------- COMMONWEALTH OF VIllGINlí\ ..., .-. ~. EXPIF1ES ('fl .J 3500 West Broild St, reel, nicilmond, V ^ 2:12:10 f,' NUMßEF1'"J " 05-31-2004 TelepllOne1(fl(1)36rn5I1n 2705 033833A !~ ~1 , ~1 '-. ..' BOARD FOR CONTRACTORS ,.,. . ,... ~~ CLASS A CONTRACTORS LICENSE CONTROL INSTRUMENTS INC ,"-)..,.,1 CONTROL INSTRUMENTS INC,',' :" ", '\:,' !,'~ 5253 OAKDALE ROAD {"' '('I' ¡~ PO BOX 93643'\','r .,'~ ,,'l~ ~'! A TLANT A GA 30377\,'[',\1> 'j~,,~ ' *CLASSIFICATIONS* ELE ~~",~: Ø/~ :1 ~l.JrnAJ")1I OF Tlllq ODCUME"', '1" ""[]fIr""""" nil III" BY ['COSONSl'I' rlmlS O'!I'11 ~:j "'^" ,,'we N^Men IMY O'SLILT "' (rJ't,\f"^' '"""<:1m",, ,",n," THE COOl' or V"'I;"'" Louise p, Ware, Director j4 .......'"....., "'~---"'-'-"""""""""""-""""",~"""""""".,-""""",~,,,,,.~, "'n."""",., "',,-'....~..,... """"..,....t'~/!>"""""~""~"'-""~~"""""-~~"'~"'" """" """""""""WI'f"Tf!\'I,.4" (SEE REVERSE SIDE r"I1IIM1E MIfJIOI1 M)()I1I'SS CHMIGE) coriH,10I\lWLALTH OF VII ¡(;If'JII\ BOARD FOR CONTRACTORS - CLASS A CONTRACTOR LICENSE - CLASSIFICATIONS: ELE ,:' . ~,. ," " NUMBER: 2705 033833A EXPIRES: 'O5~.31-2004 ' r., I ,> ' ' " CONTROL INSTRUMENTS INt'; ,i"; :i CONTROL INSTRUMENTS INb~"';',J C', " /; '\:;. ,- ') "'" '¡, 5253 OAKDALE ROAD ','t"'-\,,,,\',f! " ",'" ,. PO BOX 93643 . ",,; ATlANTA"'GA"'30377 "'" Merfl' pc""""" "'III" ['J """",,',OB """", nu" L(\ c...J '-D r-t South Carolina Contractor's Licensing Board CERTIFICATE License Number: 96315 ";'~.'I\;\ì\\.!{¡¡ÚIrmnjif~', INSTRUME . œS::INC~/;/;>, ,f~" fUr "i~t;;/'.~~ \":'i(~';;;:: 93643 MARTECH STATION i:,,>¡,;,¡g~í,~;;I{/t,,:¡ii~;' '::~;~;~~\ . j ,.:y. '...'j} ,1""1"" '/Žf;¡" "~I' .... -", "cx;;';, ATLANTA ,~;G~\'})30377;t(\4¡t}i' ',,~::à¡~::~~~ /',y.<>/ ':. :,;,i)j~f'!k:;~, ,,':Ú\ Æ~ì/. "~~~~;}~ Ha;ing given sa~isfactory evidence of the necessarr.,."......;.(,...',l,.iul,',I~I'.'i.'~"M,lc,','a,tY,',',,'.I:'.,'0,,',:,.',.,.,.,,",.,.,..".,:.'..',:,S",..,;,',C,I~',,',.,r,:,.,.'..,'.',','"q,',',,',1,",I""i r"\.:,;,d,\ì",'"I,,:~tI~~\ .",t",,~,'f, t"I"I,.,e"".\,1,",:~~!~,',.),j.."ì,.'~¡'r' f South Carolina and is duly qualified and entitled to practIce \, ""',1"""."",.",',";""""",,,,'"",..,','"",~,,.,,.,",..,",'""",,,,',., '.' "".í",,! ;, , "\..1 "",.",1 )t'". \dW 4' , ;::I')f~';:k;:,i1\ ~",' '>' ~'~'. \\\'",,;",,",""',";"cb';":',~'\ ',','" LIJ \~",:"i::::',,;;'I:~,::~'~Y'l ' ""i ¡{t¡/ ME C If~NI ~1~~' O~ 1"',. t. ",,3\51ÆfIN G , ,"'. ,.." j Ii ¡;..t;i~i1! ,i~j'<:>~(jY For the classitication(s) anQ jmitatiOl,(srlist~d"'on tl1~,Q9ritractor's License Card. . :ii{:'!iÌìíi".......:.;./c:¡Aï;.S~\~;;;::.. . ..~...'di1¡¡¡llíi'l¡¡nn\1\\\\\~\/ ..,.:,:-:::.':~"..-...,> This is to certify thaCONTROL Date Issued: June 2,1999 ~ -Q"oI £.~.Jl -~ Mm~Wrn~r Lr\ c...:> '" ...... g ~icat C(l mw~actO/(I1/ !?lJ aa~¿ W2~ ALFRED C. HAND LAN ~J(/Øcalb </4. 11O~_- 21&/ Jftcce~/ co/n¡Jeftd tk !/lalø 0/ s1ínknuv g k:IJ<icd c¿ mw<acÎiY(ð/ g~M and ~Æúcen~/ and ¿~ he'ceh~ cØldtjied tß .ilr/1Æ1«(ß¿iØ elec!;acdctJn<i{¡cudiatùarÆßiI¡PA/ I'7A/_PA/n£/'AÁ,o/./InJJ-lhø !?lJoa~v-L f.O . OJ , (0.1"<'Cl.t/a'". J eä'el~~ State of Alabama Electrical Contractors Board Alfred Corbin Handlan Control Instrument!;, Inc. ELECTRICAL CONTRACTOR License No: 1104 Expires: 09/30/2004 The bearer of this card is entitled to the privileges according 10 Acl 85-921 of the Alabama Legislature. No.OO9907 ..~~ f . ()" (,-¡laNnl/rll/. (111w }/f,/",d'. C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA paT 6 Cs C2i TECHNICAL 5T AFF QUALIFICATION EMPLOYEE: PAUL BINFORD EDUCATION: 9/88-6/91 Valencia Community College, Electronic Technology AS 11/85-8/86 Systems Technology Institute, Computer Technology Repair 7/80-2181 USAF Technical School, Automatic Tracking Radar Specialist MCI Powers, Pneumatics and Energy Management Barber/Colman, Pneumatic Control Equip. with field training National Technology, Industrial Hydraulics Wonderware InTouch HMI training TITLE: Field Service Engineer WORK EXPERIENCE: Fifteen years extensive experience in the utilities field implementing engineering changes, installation, trouble shooting, repair and calibration of instrumentation, control systems and computers. Maintained several telemetry systems, (SCADA, Woodward DCS503, Forney DCS, Carrier EMS), for electrical production and distribution, as well as, chiller/boiler, domestic water, waste water and gas/diesel distributive control systems for Disney World. Past four years include WTP, and WWTP startups, field equipment, program debugging, engineering changes, and Owner training. Working knowledge for several types of PLC programming applications and HMI applications. AutoCad experience. Responsibilities include: . Calibration and configuration of principal field mounted equipment; . Systems start-up, testing, and commissioning; . System analysis, debugging, and troubleshooting; . Training coordination and instruction of staff field service personnel, and contract compliance functions; . Factory trained on field instrumentation pertaining to water, wastewater and fueling. Previous work assignments: Big Cypress WTP /Immokalee WTP / Seminole Co. / JEA District II/ OUC - Conway / Margate / Belle Glade / Mangrove Lagoon (US VI) / McKay Creek / Valrico / Leesburg c¡ , fl C' . I 'rOu/J ~~ ~GY¡ ! ~ ! Paul BinfofdJ C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA page16 C 5 C2i TECHNICAL 5T AFF QUALIFICATION EMPLOYEE: ROBIN GARLING EDUCATION: Study towards EE at Purdue University; Military Electronics Schooling TITLE: Field Engineer WORK EXPERIENCE: U.S. Navy '83-'89 (ET-3). Endress & Hauser '89-'95. Manufacturer's Representative, '95-'99. Extensive experience from design through installation of field instrumentation; working knowledge of PC/PLC programming and network equipment management. Responsibilities include: . Calibration and startup of all types field-mounted instrumentation; . Field staff coordination and supervision; . Field Instrumentation and Network Training Instructor; . Primary instrumentation calibration, maintenance and repair; . PLC troubleshooting, checkout, and commissioning; . Contract closeout specialist; . Startup and commission large scale instrumentation and SCADA systems; . Computer and PLC system programming expertise; . Startup and system analysis of VHF/UHF and microwave radio systems; . Factory trained on field instrumentation pertaining to water, wastewater and fueling. Previous work assignments: Florida Keys Aqueduct I Margate I Forsyth Co WTP (GA) I Cobb County SCADA I Greenville SC I Columbia TN I Jupiter Q~ {' ¡ i i\\.D\r~ \j~~~ /~ Robin Gêlr¡'iri~ ---..-----'-..--.--.------------ .. C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA pagei 6 C 5 C2i TECHNICAL 5T AFF QUALIFICATION EMPLOYEE: JEFFREY M. MILLER, P.E. EDUCATION: Bachelor of Science in Electrical Engineering, University of Toledo, 1991. Professional Engineering License in North Carolina, pending approval with NCEES and Massachusetts. TITLE: Project Engineer WORK EXPERIENCE: Four years experience as a control system and electrical engineering consultant in the water/wastewater and other industries. Five years experience as a control systems integrator in the water/wastewater and other industries. Four years experience as a control system engineer working for electrical utilities. Large and small scale design projects involving SCADA systems, industrial computer systems, networks, radio telemetry, field instrumentation, electrical distribution, AC and DC drives, lighting, fire alarm systems, security & access systems, and CCTV systems. Responsibilities include: . Total project management, design, and implementation; . Engineering consulting services including studies, proposals, specifications, drawings, contract administration and inspection. . Development, documentation, and implementation of PLC programs and equipment. . Development, documentation, and implementation of HMI and/or GUI platforms. . Documentation and implementation of system testing and inspection. . Training instructor. . Development of project studies, estimates, schedules, proposals, specifications, SCADA programs, drawings (wiring diagrams, block diagrams, P&ID's, loop diagrams, control schematics, power plans, etc.), test plans, training manuals, and O&M manuals. Previous work assignments: Greenville NC WTP / Henrico VA WTP / Charlotte NC PS / Gary NC SCADA / Wilson NC WTP '¡ ~ 'II ~ 11 -L i A" r--t--Æ ~v \. \ ~\v\;\Q..\ /:In . \ \j \~ Jeffrey M. Milleni\J vv .....,......,,--...--..--- ,. ---. ,,' ..... .,.,. C2í PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA pal16 C 5 C2i TECHNICAL STAFF QUALIFICATION EMPLOYEE: LARRY LORANGER EDUCATION: Henry Ford Community College, South Florida Technical; Foxboro, Bailey, BIF; Fluor Daniel onsite training; BASF, AFD & VFD Drive School; Allen-Bradley PLC; Square-D PLC TITLE: National Service Manager WORK EXPERIENCE: Twenty-five-plus years of instrumentation experience, including twenty years of field service involving experience of installation and startup and maintenance of various PLC and SCADA systems. Responsibilities include: . Service and startup scheduling; . Field staff coordination and supervision; . AC f DC variable speed drive troubleshooting, configuration, and startup; . Primary instrumentation calibration, maintenance and repair; . PLC troubleshooting, checkout, and commissioning; . Contract closeout specialist; . Startup and commission of large scale instrumentation and SCADA systems; . Computer and PLC system programming expertise; . Startup and system analysis of VHFfUHF and microwave radio systems; . Factory trained on field instrumentation pertaining to water, wastewater and fueling; . Startup, implementation; programming, calibration & troubleshooting of analytic equipment such as turbidimeters, pH analyzers, chlorine analyzers, ORP analyzers, particle counters, conductivity analyzers, dissolved oxygen, sludge blanket detectors, etc.; . riD tuning specialist for single loop controllers & PLC implemented PID control; . Network connectivity including Ethernet, fiber optic, Modbus, DH+, radio telemetry, leased line & dial-up modems, etc.; . Troubleshooting network problems. Previous work assignments: E.M. Johnson WTP f Cary WTP f Cary WWTP f Five Ash Ft. Lauderdale / Margate,FL f HenricQ'WTF / Tamarac WTP f Palm Beach County f Deerfield Beach / Coral Springs r --.---.---.- ISA Recognizes Larry R. Loranger as a Level III Certified Control Systems Technician@ ( CCST@) for demonstrating outstanding achievement in the field of Measurement and ControL Certification Number 17414 a$l ~ 1 0/15/2005 ~- Expiration Date [SA President ISA-The Instrumentation, Systems. and AUtomation SoCiety (§) C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA Page 11 16C5 C2i TECHNICAL 5T AFF QUALIFICATION EMPLOYEE: LARRY MOTTLEY EDUCATION: Computer Science, Del Mar College, Corpus Christi, Texas TITLE: Instrument Technician, Field Services WORK EXPERIENCE: Twenty-four years experience in installation, calibration and start-up of computer based process control systems in the water and wastewater industry. Responsibilities include: . Startup and commissioning of large scale radio and telephone telemetry systems; . Startup, commissioning, and training on major manufacturer's programmable logic controllers hardware and software; . Expertise in high level programming languages (CI C++) and advanced PLC programming; . Troubleshooting, system analysis, and start-up of VHF/UHF and microwave radio systems, fiber optic networks, WAN and LAN configuration and implementation; . Primary field instrumentation calibration, testing and commissioning; . Computer hardware installation, troubleshooting, and repair; . Project management, event coordination, training planning, and instruction services; . Factory trained on field instrumentation pertaining to water, wastewater and fueling. Previous work assignments: McKay Creek I Greenville SC SCADA I Henrico WTP I Pensacola I Cobb County WWTP's knJ\~ I~~l \ Larmin M6ti~ /(JW .....---.. C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA pr6C5 Î C2i TECHNICAL 5T AFF QUALIFICATION EMPLOYEE: DAVID S. BLANCHARD EDUCATION: Seminole Community College, Lake Mary, Florida TITLE: Field Service Engineer WORK EXPERIENCE: Seventeen years combined experience in various technical fields including Electronics Board & System level test and repair, test program Engineering and the installation calibration and repair of many types of instrumentation and control systems. Responsibilities include: . Calibration and configuration of principal field mounted equipment; . Systems start-up, testing, and commissioning; . System analysis, debugging, and troubleshooting; . Training coordination and instruction of staff field service personnel, and contract compliance functions; . Factory trained on field instrumentation pertaining to water, wastewater and fueling. Previous work assignments: Belle Glade I Florida City I UOSA I Margate I West Palm Beach Ç\ 'ò \ fI'\ I I / ~¿\_Ar\C~ -,) j\.:) - (k,",-~.Ju1 ihj David S. Blanchard! \J ---""--r- - C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA Page 131 6 C 5 4. References Reference 1 : Contact: Company: Address: Telephone: Project Description: Reference 2: Contact: Company: Address: Telephone: Project Description: Reference 3: Contact: Company: Address: Telephone: Project Description: City of West Palm Beach, FI Art Kent City of West Palm Beach PO Box 3506, West Palm Beach, FL 33402 561-837-4088 Provide S5 CPU's communication over L2 fiber optic Profibus. Provided all PLC and HMI programming, field instrumentation, and PLC-based control system for filter rehabilitation. 4 separate plants I service contract - Cobb County, GA Perry Bohannon Cobb County Water System 680 South Cobb Drive, Marietta, GA 30060 770-917 -5194 Upgrades to four existing facilities, including new PLC's, HMI and software. SCADA contract also includes multiple PLC based RTU's communicating over licensed and spread spectrum radios. C2i also provides complete PLC/HMl/radio service for Cobb County Water. Multiple water & wastewater plants Jim Wood Jacksonville Electric Authority 211 East Church Street, Jacksonville, FL 32225 904-665-4251 Many types of level, flow and analytical instrumentation, as well as providing programming of PLC's and HMI systems. Services have included instrumentation calibration, PLC upgrades and radio SCADA work. . "m_' . -- -----. -" r C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA p,ge116 C 5 5. Equipment Qualifications Control Instruments, Inc./C2i is qualified to calibrate/configure/repair/install instruments and PlC's by multiple manufacturers, including but not limited to: Texas Instruments Allen-Bradley Modicon Siemens Foxboro Rosemount Milltronics Polysonics Panametrics Dynasonics MSA Draeger General Monitors Isca: Magmeters Danaher Hach Sigma Great lakes Instruments McCrometer Water Specialties Endress & Hauser Fluid Components Int'I Cerlic Druck Delta Sigma Devar Red Valve Kistler Morse Force Flow Krohne Chemtrac Metone Capitol Controls Wallace & Tiernan Enclosed are certificates of some of these manufacturers ~ Mcr'n~OMETER ~ Ll~ 3255 West Stetson A venue 1 6 C 5 Hemet, CA 92545-ì799 USA Tel 909652-6811 Fax 909 652-3078 October 23, 2002 C21 CONTROL INSTRUMENTS, INC 5253 Oakdale Road Smyrna, GA. 30082 RE: Authorized OEM To Whom it May Concern, This letter is to serve as formal notification that Control Instruments Inc. / C21 is a current OEM Client for McCrometer Inc. C21 is qualified and authorized to; Sell Products, Supervise Equipment Installations, Calibrate Equipment, Startup and Trouble Shoot Equipment and perform Training Services. This applies to all ofMcCrometer's flow measurement products which include; Water Specialties and McCrometer propeller meters, Ultra Mag electromagnetic flow meter and the V -Cone differential pressure flow meter. If there are any questions or concerns, please do not hesitate to contact myself or our local Factory Representative: Fluid Equipment Co., Inc. Don McPeak 770 787-0551 (T) 770787-8052 (F) Sincerely, J-~~ Fred Meitzler I Regional Sales Manager McCrometer, Inc. Spartanburg, SC CC Don McPeak Fluid Equipment Co., Inc. rr@.NTROL ~,M.,,~~t;JDTS 1 6 C 5 .. 93()7.p Monroe Road. Chano118, NC 28270- 1486' 704/845-5211 . FAX 704/845-6233 _n__.-_---.-.-.------- January 22, 2003 Annand T etu C2I, Inc. 11720 Provincetowne Drive Charlotte, NC 28277 Dear Annand: Control Elements, Inc. represents Thenno Flow Systems in North and South Carolina. That company manufacturers Polysonics flow meters for worldwide distribution. Our company has worked with C2l on jobs over many years. In observing the skill of C2l' s service reps, I believe them qualified to startup and train customers on how to use the equipment. Sincerely, ~ot~ 11/18/2002 13:57 770-517-'3027 GEMS SENSORS PAGE 01 16C5 ~L. Gem~ SIIßSQI'$ Ine.. On~ (;owles Road Plalnville. CT 06062.1196 tel 660.747.3000 fax 860.747.4244 http://WW'W.ge!1\sSèmors.com Monday, NoveIJ)ber 18,2002 John StUrgis Control Instruments 5253 Oakdale Rd. Smyrna., GA 30082 Dear John: In response to your inquiry regardingcraining for our Wanick Series 16 product I have attaèhed the Installation and Operating instructions for this item. If you or your customer should have any additional questions, please feel free to cont;;¡ct Gems fortechnicai support at 800-378-1600. I have also included a sheet regarding:recommended gròl1nding methods for our electrode fittings that are used with these controls that you may find he1pful Tharlks you for your continueð use of Gems and Warríck Controls products. ß~~ Harry Booth Regional Manager ph: 770~517-8225 rlU: "10.:)4.:5 1\J/14 -\J¿ 1:);\J~ 8[Ç'A l:ONTROL. ".r)RPORA TION AM~R¡CA llJ ; I-f-1X: f->Al;!:. ë/ ë . . . 5 I E M E N 5 Control Corporalion of Amt:rica 1185 )eavcr Ruin Rd. NOI'CTO~~. GA 30093 CCA ~jJtJ'SCO'::' :,:yy~,: i, 16Cs 10/09/2002 To Whom It May Con~ern; This letter is to serve as notification that Control Instruments Incorporated is currently 4 Systems Integrator for Siemens Industrial & Process Automation including Siemens PLCs, Siemens-Moore & Siemens-Mi11tronics Instrwnentation. They are quaJified to Sell Product, Supervise Equipment 1n5tal1ation, Calibrate Equipment, Train Users, Startup & Troubleshoot Siemens Equipment. CCA- WESCO ,is a master distributor for Siemens Industrial Automation. We have a lasting relationship with Control Instruments Incorporated and can attest to the quality of their Engineering, Workmanship & Installations. If there are any questions or concerns to this notification, please feel tree to contact CCA-Wesco. Best Regards, ~7~ Tony Smith Atlanta Sales Office: 770925 3000 FAX: 770 9~~, 4407 ",~....':':;;',' ':"". ,.,' "', '" '. ,,-,~~\,: "" ,..:.. ................ -... -..... , :We Put Results oiJine. .. , ""--"'--'-'-"'"" "'-"'- ~UIU~/LUUL LL.L~ {{IéJ~OI::1IéJOtí r'AI.::lt. I::I:¿!~:¿ . . Øcø ScorrJnswments 251 Wflfs!J PocIl1d. Exton PA 1!:l341 TeF8: 61CJ..3Ô31..-L C 5 FBX: 61O-36~~ W\1i'W.scorrinstru IT/rim~. com &:ott T ec}:¡flQf()g¡e~ inc. "co. 1fn$tI'V_ØlJ~$ To Whom It May Concern, Scott Instruments, formerly ScottJBacharach and BacharacblEIT. has ìn the past, and continues to authorize Controllnstruments (C2l), in the promoting of all of our toxic, combustible, and flame detection devices. C21 continues to successfully instill, calibrate, and maintain the Scott Instrumen1s field devices. C2l is a very valuable part of our team, which is why Scott is one of the largestManufacturers' of gas detection ìnstrwnentation ín the world. Should you have any questions, or if I can be of service, please do not hesÌ1ate to contact me. ~;¡w Bob Duff Scott Instruments ~a~ ~1 Uc l¿:~~p VInce I:.SpOSIto 856.232.6984 p.2 . .. ". I KRCJHNE I 16C5 KROHNE, INC. 7 Dearborn Road Peabody. MA 019EO Tel: 9713-535-€OED Fax: 9~1720 Web: WIM'.krohne.com 1Œi184 Peabody, MA May 2002 To Whom It May Concern: Control Instruments has been a valued customer of KROHNE Flow and Level Instrumentation for over fifteen years. Their extensive experience, knowledge and expertise with our equipment qualify them to install and commission our products in accordance with our factory recommendations. Please contact us if there are any questions. Si er " ~/ nee ~SitO fò 5( 7J Water & Waste Water Industry Manager Norfu America "T"I..- ""_h' -_J . -..-, -----~--- ~Jll olf; r\.L::;L.L~r-IVIOrSe ljOrpOral:lOn; 4~tJ 4U~ ltJUU; Jun-10-99 2:30PM; Page 1/1 , - ~ Kistfer-MorseQ¡ 16C5 i~ Systems for Level, Weighing, Batching June 10, 1999 Mr. Simon Jimenez Assistant Project Manager Blake Construction Co.lPoole & Ken! PO Box 390 Centerv ill e, VA 20121 FAu'{: 703-803-3710 Subject: Upper Occoquan Sewage Authority, Manufacturer's Services This letter will confinn that Kistler Morse has worked with Control Instruments for many years and has successfully caJibrated and verified proper instaUation on numerous Sonologic 11 systems over this period. C2I maintains a professional, well-qualified staff of field service technicians who are familiar with Kistler Morse instruments and, therefore, we are confident of their capabilities to calibrate and tram on our equipment. The following is a list of authorized technicians for C2I: Brian Tiffany Scott West Paul Binford Larry Loranger Larmin Mottley James Paxton Please fee! free to contact us at Kistler Morse if you have any questions or concerns. We have technical support engineers available in house to help over the phone jf required as well. s¿ Matt Dawson cC: M.Barry-C2I, T.Foster-Bestech 19021 120th Avenue NE, Bethell, WA 98011-9513 Phone: 425/486-6600 800/426-9010 Fax-Sales/Service: 425/402-1500; Operations: 425/402-1549 - '01/20/2000 4075822353 CROMPTON JIM WRAY 14: 12 . .' Crompton Instruments, Inc. fj'ompton ~ June 12, 1999 Blake Construction Co./Poole and leent A Joint Venture P.O. Box 390 Centerville, VA 20121 A TIN: Mr. Dave Weber, Project Manager RE: Upper Occoqua.n Sewage Authority Subject: Manufacture's Services This letter will confirm that Crompton Instruments has work,ed with Controllnsìruments for many years, and C2i has successfully calibrated and verîfied proper installation on numerous Projects over this period. C2i maintains a professional, wen.qualified staff of field technicians who are familiar with measurement and control instrumentatJon and, therefore, we are confident of their capabilities to calibrate and train on our equipment. The following is a Ust of authorized representatives for Control Instruments: Gerard Huffman Brian Tiffany Scott West Paul Binford Larry Loranger Larmin Mottley James Paxon [J~, -,. -"-""------,.. .'" PAGE 02/02 Jìm Wray Regional Sale:; Manager 16C5 ¡::¡"., ,M=-=t", !=;T;Fl"ta RoEJd 436. St:;e. 2135, Altemonte Springs, FL 32714' [407) 552-9729. F.c.x (407) 682-2353 . ,>-.LtJ{.L.J.J.J ~~.~~ "TUU ....U,," ~~-~ m~~ , .L ~~. ,'-, ,~, ~"'~" , "-~ -- . .~, '. Alii 16C5 June 10. 1999 Blake Construction Co./Poote 'and Kent A Joint Venture P.O. Box 390 CerrtreviUe, VA 20121 Attn: Mr. Simon Jimenez, Assistant Project Manager Re: Upper Ocoquan SeWage Authority Subj: Manufacturer's Servif.e5 This letter will confirm that AEiB Instrumentation-Fischer & Porter has ~orked with Control Instruments for many years and C2i has suçcessfuHy,calibrated and verified proper installatiOn on numerous Fischer & Porter magnetic flowmeters of differiimt designs and vintages over this period! C2i maintains a profesSional, well- quarlfied staff offield technicians who are familiar with Ascher & Porter. instruments and, therefore, we are . I confident of their capabilities to calibrate and train on our equipment! The following is a list of theìr þersonnel: Brian Tiffany Scott West Paul Binford larry Loranger larrnin Mottiey James Paxton Sincerely, ' ABB Insfrumentation-FJSCHER '& PORTER ~~ Melanie Noble Sr. Safes Representatìve~ Emlironmental Sales ABB Automation Inc. Automatiòr¡ AB8 Instrurm."jation Divi:¡;iO/i 8912 EMt pir"'ácle Peak Ro¡¡¡d, jl1;!1 Sco\\$dale, Nlzon!3 85:255 USA Telephone (480) 502.3233 Fa:r: (480) 502-3323 Internet www.abb,c:omiusa/inslrumeniation ~FSCHERr:;::::a PO FrTER U-- , -.. --'-------- U\"I,1j,1001 ~ : 0') AIYI NO, leo~ ~, in . - Cs Capital Controls Company, Inc. 3000 Advance Lane Calmar, PA 18915 USA Tel: 215-997-4000 Fax: 215-997-4062 Order Fax: 215-997-4069 e-mail: marketing@cBvitalcontrols.com website: www.capilalcontro]s.com October 23, 2002 To whom it may concern, Subject: Endorsement Letter Dear Sir or Madam: Contro11nstruments Inc, and their associated divisions, have specified, purchased, sold and maintained Severn Trent Services, Capital Controls equipment since 1999. Sincerely, ~ aI~ 2. c!l?,-()M Walter L Gross Customer Support Group Cc: B. Branch lU13/9~. H: 35 FAX 7607366250 ~002 ..,,' . - - , I 1 "', , ; I çrr;.¡,;,,; COMPON,iNTS 'NtL a limited liability company " . J , , i" . . . 1.6'C',S ¡ . , ' , ),' , , ,- - Blake Construction Co./PoõI6 ap.d Kent, " A Joint Venture' , P:O. Box 390 Centre-ville, VA 20121 , , . - . December 13, 1999 .' ',. I -,', ,. , ,- \ , A ttn-:, " " Mr. Dave Weber, Project Manager , , , ,,: RE: I , Upper .occoquan Sew?ge Authority', , - " " , '.' , . I I. , ' - " - Subject: ,-~ ' - Maqufaç~er's Services , , " , :, 'j , . -, " , , ' : p,ear Mr. ~eber, - -' " ~ . - . - This letter will conflIIIÌ th~t Fluid Compo~ënts Inti. ~as worked tvith Control Instrtllnehts). , ." - C2i, for manY' years), and C2i has 'Successfully ca1ibra~ed and verified proper installation. ' , o~ Ï1um~rous Waste Water T~eatnient Plant projects I?ver this period. . C2i maintains a ' . ' " professional, qualified staff of field techni~ians who are familiar with ThennaJ Dispe,rsion' , flow meters and sWitçh insiÏu.r:D.entation an~ therefore, we are confident ofth~ir:' ,capabïiities to verify th~ calib-rntion.;,provide startup'and installatioh,'anq train on om , . . . " I ,equipment:, ,'; ~, " , ," ; ~, , , , . , , , ' , The following is a list of authorized representat¡ves for, Control1nstrum~ntS:. , " - , " I .' , ! , ,', " -- ',-.Gerard Huffman ' Scott West l' L~ Loranger -" - 'James P~òn: ., " - Brian Tiffany, , :, , Paul Binford, LanniD. Mottl~y , '. : ' ). , .. .. " " - , - , Please feel free to c~ntac\ me if youTequire further informa~io~.'. 'J?ank Y°1,l. " 1 ' ..1 , Bešt reg~ds~ . ,-, . ..'.. " "Z - .' '..'~9 , , "\' " , " , , ,- , Steven J. Craig, Regional Sal~s Manager i Lipdsay. GripdJe '.'~ Edwards Technical Sales Mike Barry 'C2j' . FlowlLlquld ~.v.I¡'T.mp.rlltur. In~rulII.nt.tlon ' . ,'Visit FC] on 'the Worldwide We~: www.nuidcomponents.com', . '" ' , . I 755 'La Costa Meadows Drive, 'San Marcos, CaJiforriia 92069.uSA . 760-744-6950 . 800-854. ] 993 . Fax:: 760-736-6250 , . . , ' , , , ", ' Cc:, ,. , .. './, , ...'--.......,.-----.........--...., -- . .~. -. 16Cs ÞOXBOHO The Foxboro Company Contracts/Export Control 33 Commercial Street (851-2E) Foxboro, MA 02035-2099 United States of America February 17, 2000 Telephone +1 508 549-2770 Facsimile +1 508549-4501 TO WHOM IT MAY CONCERN: This letter win confirm that Control Instruments, Inc. ("C2i") is an authorized system integrator for The Foxboro Company. C2i maintains a professional, well-qualified staff of field technicians who are familiar with the following instruments: 871PH-2RIB ORP Sensor and 873PH-AIZFGZ-7 Transmitter 871PH-IA1A pH Sensor and 873PH-AlZFGZ- 7 Transmitter IDP 1 OD Differential Pressure Transmitter IDPIOD Flange Mounted Pressure Transmitter IGP20D Pressure Transmitter RTI20 Temperature Transmitter . . Furthermore, we are confident of their capabilities to calibrate and train on our equipment. The following is a list of authorized representative for C2i: . Gerard Huffman Brian Tiffany Scott West Paul Binford Larry Loranger Larmin Mottley James Paxton . ..'.. . Very truly yours, THE FOXBORO CONŒANY ~~ " '~ll . Thomas A. AnglOh 0 Director, Contracts . Tel. 508-549-6919 Fax 508-549-4501 E-mail: tan!!ioliiãJfoxboro.com mn cc: Mike Barry . ConD'OI Instruments, Inc. P. O. Box 93843, Martech Su., Atlanta, GA 30377 Ç";ensys An Invensys company Oct 09 02 09:09a Pat Lawrence 7708229968 p.2 , . HACH COMPANY World Hoodquarters PO Box 389 . Loveland, Colorado 80539-0389 Phone 970-669-3050. Fax 970-669-2932 'NVVW.hach.com Systems for Analysis 16C5 ~C?J~ October 8th, 2002 To Whom It May Concern This letter is to serve as formal notification that Controllnstrurnents Incorporated J C21 is a current OEM Client for the Hach Company and in long standing with all Hach Companies. They are qualified and authorized to Sell Products, Supervise Equipment Installations, Calibrate Equipment, Startup and Troubleshoot Equipment, and perfonn Training Services. This applies to all Hach Products to include Met One Particle Counting Systems and all other equipment as noted in Formal OEM Agreement between Control Instruments and the Hach Company. If there are any questions or concerns to this notification, please contact the undersigned. Phone: 770-822-9968 Fax: 678-407-1827 Email: plawrenc@hach.com Sincerely, W 4r#tte Pat Lawrence Regional Sales Manager Hach Company Atlanta, Ga. World Headquarters: PO Box 389 . 5600 Undbergh Drive. Loveland, Colorado 80537 USA Hach Ames: 100 Dayton Avenue. Ames, Iowa 50010 USA Hach Plastics: 129 S Madison Avenue. Loveland, Colorado 80537 USA Hach Technical Training Center: 209 E 4th. Loveland, Colorado 80537 USA Hach Sales & Service Canada Lid.: 1313 Border Street, Unit 34 . Winnipeg, Manitoba R3H OX4 Hach Instrument Service: 100 Dayton AvenU€ . Ames, Iowa 50010 USA Environmental Test Systems, Inc.: 23575 County Road 706. akhan, Indiana 46514 USA . . Isco, Inc 16C5 ~ " i 4/19/;2002 Charlie Motz Control Instruments (Cll) P.O. Box 93643 Atlanta, GA. 30377 To Wl1om It May Concern; Control Instruments is a long time customer of Isea, and have installed and started up vañous ¡sea products during the past severaf years. They have done numerous competent and successful installations and start ups In the past. Regards, CJi¿J dIJ Chuck Abbott Southeastern Regíonal Manager Isco, Inc. Isco, Inc. 4-700 Superior St. PO Box 82531 Uncoln, NE 68501-2531 USA Phone;' (402.) 464-0231 Fax; (402) 464-0318 E-mail: info.@isco.com URL: http:/ Iwww.iSGo.CDm 03-SEP-02 10:18 FROM- 7706646906 T-253 P.01/01 F- 777 . . ~~ Date: 9/3/02 l-6CS .~ I ,I From: To: Brandy Bush / Kazmier & Associates Charlie Motz / Control Instruments Subj ect: Installation and Training To whom it may concern: On behalf of Kazmier & Assodates, the authorized MSA distributor, please note that Control Instruments is a long standing cHent. They have proven to be worthy of successful ìnsta.IJations, start up, and trainíng on MSA equipment provided by Kazmier. If there are any questions. please contact me personally at 770475-2242. Thank you. Sincerely, ~X~ Brandy Bush() Sales ~4/~IIL~~L ~(;~~ 4tJl4td.jl'::j I r't-;:, t.Nl;~l-i PAGE 02 16CS April!7,2002 To Whom It May Concern: This letter is to serve as notice that Control Instruments, lnc, (C2l), is authorized and qualified to supervise installation, calibrate, start-up, and handle training of operating personnel on all PFS products. If there are any concerns regarding this notice please contact the undersigned at: PH: 401 463-9199 FAX: 401 463-3129 E-mail: ggi1be:rt(à~primaryflowsignal.com Regards, ~~ Gary Gilbert, Sr. Principle Engineer THE LEADER IN RELIABLE FLOW MEASUREMENT ~-~~Á 81 BLEACHERVCOURT ':"~ ~..:- 1/OOMICK;F<ll!S'\ 02PÆ-12)' III .~ FI1:m i«>1)~1!1:1 - Fa< 401) 463-31:9 Primary Fle\IV Signal. Inc. T CI FI!I8 Nli1Œ: (871) 737,1569 1MJœiIe: pina;ilDil<9gnå.œm ~--..- 7136So!JTJiYAlE, SUflE300 ':"~.~ ~..;- TULSA-OK USA 74136 III ~ - (9I8¡<I81~'O - F11o:c (9I,\}A81-32Oó PFS Industrial Products Group .. EMERSON~ Process Management Michael J. Ladd 1 6 C 5 Sr. Sales Representative Emerson Process Management Rosemount Inc. 8200 Market Boulevard Chanhassen, MN 55317 USA T: (770)645-4217 F: (770)640-0458 E: michael.ladd@EmersonProcess.com Control Instruments, Inc. P.o. Box 93643 Atlanta, GA 30377 Date: October 18,2002 To Whom It May Concern: This letter is to convey the confidence of Rosemount in Control Instruments' ability to properly install, operate, configure, and service our products, and to train the end user's personnel on the products installed. Control Instruments and Rosemount have enjoyed a long partnership. Rosemount has full confidence in Control Instruments to succesfully and fully implement our products and promote the capabilities we offer. Michael J. Ladd Sr. Sales Representative Rosemount, Inc. ROSEMOUNT C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA Page 151 6 C 5 6. programming Qualifications Control Instruments, Inc./C2i is a Solutions Partner for Intellution, and an Authorized Systems Integrator for Wonderware, Square-D, Modicon, Allen-Bradley and Telemecanique. C2i has provided and programmed multiple PLC's and HMI SCADA packages. See attached listing. Intellut;onœ In.tel1i¡ent Solution. 16 C5 ~ August 17. 2000 To Whom It May Concern: - . This letter is to certify that Control Instruments Inc. of Srnyma?GA is an Authorized Solution Partner in the Intellution SystemS Integrator program. Please do not hesitate to call me at 972-420-0436 if you have questions. Sim::erely. ~e] [ð.~ Business Partner Program Coordinator 1 &eo Soutn Stemmons, Suite 215 LeB, L8wlavOle. TX 15051 . rei. 972.420-o43! . Fax 972-4.96-6247 Mark Healey Control Instruments Inc./C2i PO Box 93643 Atlanta, GA 30377 USA t§ A~5 ~f PO Box 351 Milwaukee, WI 53201-0351 USA Tel+1.414.328.2000 Fax +1.414.328.2211 Welcome to the Rockwell Automation Systems Integrator Program Rockwell Automation Dear Rockwell Automation Systems Integrator: We at Rockwell Automation are pleased to welcome you to the RA Systems Integrator Program for 2004. We recognize the value your company provides in applying our products to implement customer solutions and are happy you have elected to join this program. You should have received or will soon receive your Software ToolKit. You may reach us by contacting the Channel Program Specialists Carrie Rutledge, Michele Sailor, Keli Izyk, and Deirdre Fellner via email at channel@software.rockweILcom or via phone by calling 414-328-2131. You can find the latest RASI program information by visiting the Partners section of our extra net site located at www.software.rockweILcom/extranet. This site requires a login and password. On your first visit please register for an extra net account to enable access. We recommend that you regularly visit this site to learn the latest program and product details. In many cases we will only be distributing information via e-mail or posting it on the web. So that we may keep you accurately informed, please verify that we have your current e-mail addresses and contact information. Our records indicate the main contact person is Mark Healey with the following email address: mhealey@c2iinc.com. We also list Rory Warner as the software librarian with the following email address: rwarner@c2iinc.com. This individual will be the one to receive the RSRev's DVD software update set that we provide several times per year. RSTechED, our major software training event of the year, is scheduled for June 6-11, 2004 at The Westin Kierland in Scottsdale, AZ. With your full year fee, we will reserve a seat for you for every 5 installs you purchase. We currently have reserved 1 no- charge RSTechED seat(s) for you and/or other key employees from your company to attend. This seat will cover the event registration cost, daily continental breakfast and lunch for the attendee during the event. The no-charge seat does not cover hotel, travel, and other expenses. At this event we plan to discuss the latest software products and solutions and expect a diverse list of attendees. Each attendee is allowed to tailor a class schedule from a large set of classes to meet their particular needs. We look forward to your attendance and have developed a quick and simple registration process on the above mentioned extranet. This registration site is also the place to register for your hotel and can be completed at the same time. We will send out a notice when the registration site is available. ..-"-" . Rockwell Software Inc. PO Box 351 Milwaukee, WI 53201-0351 Phone: 414-328-2131 Fax: 414-328-2175 E-mail: channeliãJ.software.rockwe!1.com www.software.roc!(Wel1.com ~ Allen-Bradley i!f!JbAT'1{f!5~ Do$aE RDCIO/ElU~ SDFTWAIIf~ 'Welcome RASI Integrator Just a few notes: 16C5 . Please reference the serial number printed on the master floppy disk when requesting phone and/or web support for any of the products included with the bundle. For the latest revisions, web updates are available at http://support.rockweliautomation.comlWebUpdates. . When installing the RSLogix 5 Pro and 500 Pro software, the serial number prefix (four digits) is preloaded and will not match the prefix of the serial number printed on your master disk. To complete this step of the install, enter six zeros to finish the 10 digit serial number and proceed through the remaining steps. . When Installing PanelBuilder products, please refer to the registration card and install using AAOAAOAA serial number, edit PVB.INI to show correct serial number. . RSNetWorx MD is included on the RSNetWorx CD . To place software orders and assure your discount, please make sure your authorized RA distributor uses your company's Passport ID number 55597 and Agreement numbers 24100 for Resale and 24101 for Internal Development. You should reference this on your purchase order to your distributor to receive the 15% off Resale and 35% off Internal Use discounts on additional purchased software, Check the Program Guide for details, as these discounts do not apply to some software. Again, welcome to the RA Systems Integrator Program. We look forward to working with you. Sincerely, The Rockwell Automation Systems Integrator Program Team Tim Ogden - Rockwell Software - Mgr, Channel and Partner Programs Chris Vaidean - Rockwell Automation - Mgr, Channel Programs Carrie Rutledge - Program Manager Keli Izyk - Rockwell Software - Channel Program Specialist Michele Sailor - Rockwell Software - Channel Program Specialist Deirdre Fellner- Rockwell Software - Channel Program Specialist Rockwel1 Software Inc. PO Box 351 Milwaukee, WI 53201-0351 Phone: 414-328-2131 Fax: 414-328-2175 E-mail: channel@.software.rockwel1.com www,software.rockwe11.com ~, ~ 16C5 SQUARe D COMPANY Schneider Elec'tric ATLANTA SALES OF"FIC¡;: , Z25 TOIo\lNFAFlI<; ~IVe, SUI"; 400, KENNESAW, GAl. 30144 '77Ir79241130 FM 770-79Z-4900 May 30, 2001 Subject: Control Instruments Inc. To Whom it May Concern; Control Instruments headquartered in Smyrna, GA is a Systems Integrator who has successfully implemented Schneider Automation Products (Modicon and Square D Symax PLCs) in the water I wastewater and refueling markets for over 15 years. Their project engineers have been trained in the progranuning and troubleshooting of the Schneider Automation programmable logic control1ers by our application engineers. Schneider Automation will support Control Instruments with our local field offíce in Atlanta, GA as well as our field offices in the North Carolina Area. 8:4 ~1 ~z/ Greg Norment OEM Sales Atlanta Sales Office No one in 1m: world does more with electnciry- -------,,"'------------ ---------, -,--..---------- '.-".'. -""-------------- Tab 7 Projects RECENT PLC PROJECTS BY C2i ALLEN-BRAD LEY Project Location C2i Project # CartersviJIe WTP Cartersville, GA 1091302 Stroudsburg WTP Stroudsburg, PA 1092321 U. Florida WWTP Gainesville, FI 1092325 Anheuser Busch Brewery Cartersville, GA 1093333/349 Topeka Fuel Storage Topeka, KS 1093368 Bluffton Reg WWTP Jasper County, SC 1094329 Lockheed Project Atianta, GA 0694388 Advanced Demonstration Facility Columbus, GA 1294402 WWTP Upgrade Elizabeth City, NC 1195430 Water Reclamation Facilities Gwinnett County, GA 1295431 Yellow River/Sweetwater Creek Gwinnett County, GA 1095426 Ocala WTP Ocala, FL 0195405 Forbes Fld. POL Bldg. Mods. Topeka,KS 1295432 Brown & Williamson SDF Macon, GA 0296436 North Fork WTP Asheville, NC 0796445 Eastside WWTP High Point, NC 0796449 Industrial WTF, Naval Sub Base Kings Bay, GA 1096456 Smith Farm Op. Unit 2 Shepherdsville, KY 1296457 South Cary WWTP Expansion Cary, NC 0297467 Frenches Creek WWTP Upgrade Camp LeJeune, NC 0397469 Julington Creek Plantation WWTF Jacksonville,FL 0297466 PGA WWTP Palm Beach Gardens, FL 0797443 Conway WTP Orlando, FL 0997486 Big Buffalo Creek Sanford, NC 0997487 WTP Improvements Troy, OH 0997490 Logan Inf! Airport Fueling System E. Boston, MA 1197482 Pickens WWTP Upgrade Pickens, SC 0298499 South Cary WWTP Sludge Facs. Apex, NC 0498505 Forsyth County WTP Forsyth Co., GA 1098526 Cosme WTP Replacement of Solids S1. Petersburg, FL 1298531 Advanced WWTF Upgrade Alexandria, VA 0199534 Suwanee Creek Pump Station Gwinnett Co., GA 0199537 Julington Creek WTP Phase 2 Jacksonville,FL 0199541 West WWTP Leesburg, FL 0299543 S. Rivanna WTP Expansion Charlottesville, VA 0699553 Snapping Shoals Pump Station Rockdale County, GA 0799555 OUC Southeast WTP Orlando, FL 0799556 Raw Water PS Improvements Caryl NC 0999562 Cary-Apex WTF Phase 2 Cary, NC 1099565 Advanced WWTF Upgrade Ctrct 3 Alexandria, VA 1199566 t6Cs . C2iSTATEMENTOFOUAUFICATlONS .. . . . .. Paae'ìO .. --...--'.'-".'----"----'--,-----.,----",.--. . Tab 7 Projects PLC PROJECTS - Page 2 16CS Project Location C2i Project # ALLEN BRADLEY - Confd Advanced WWTF Upgrade Ctrct 4 Alexandria, VA 1199567 Mangrove Lagoon Reg. WWTP St. Thomas, Virgin Islands 0700578 Eastside WWTP 26 MGD Up & Exp High Point, NC 0700579 SCADA System Steamboat Springs, CO 1000583 SQUARE D Harris WWTP Eden, NC 1092310 Lower Reedy River WWTP Simpson, SC 1092322 State College WP State College, PA 1093331 Lehighton WTP Lehighton, PA 1093338 Harris WWfP Eden, NC 1093340 Hollywood WWTP Hollywood, FL 1093344 Thomasville wfP Thomasville, NC 1093367 State College Water Authority State College, PA 1094374 O'Hare Airport Fuel Storage Chicago, IL 1094376 O'Hare Airport Fuel Storage Chicago, IL 1194399 Mandarin WTF Jacksonville,FL 1095425 Arlington East WWTP Jacksonville, FL 1296461 N. Tyger River WWfP Spartan burg, SC 1094396 New Fueling System Spokane Inf! Airport, WA 0395411 Arlington East WWfP Jacksonville, FL 1296461 Mills River Regional WTF Hendersonville, NC 0197463 Gulfport North WWfF Harrison County, MS 0497471 Sugar Creek WWfP Odor Control Charlotte~ NC 1297484 Greenville WWTP Greenville, NC 0597476 Newfound Mountain PS Asheville, NC 0498504 Greenwood Groundwater & Lagoon Albemarle Co., VA 0898516 Holly Springs Water Tran. Main Raleigh, NC 0898518 Blacks Ford WWTP Jacksonville,FL 0898519 Northside & Southside PS' Greenville, NC 0798522 GUC Data Concentrator Repl. Greenville, NC 0199533 SIEMENS I TEXAS INSTRUMENTS La Grange WTP La Grange, GA 1091280 Noonday Creek Cobb County, GA 1091286 President Street WPCP Savannah, GA 1091292 C2i STA TEMENT OF QUAL/FICA TlONS . P.aae-; 1 . Tab 7 Projects PLC PROJECTS - Page 3 SIEMENS I TEXAS INSTRUMENTS - Cont'd Project Carolina Food Processor WWTP S. Cobb WWTP Denver Int'I Airport (Fueling) Arlington County WPCP Cherry Point WVVTP Nellis AFB Loading Apron Dannelly Field Storage Cincinnati Airport Fueling System La Grange WTP Washington County WTP Arlington WPCP Bee Ridge Water Reclamation Northside WWTP Claude H. Dyal WTP Cherry Point WWTP E. Central Regional WWTP Project Integration Driftwood Street Detention Basin East Port WRF Upgrade Lanier Mountain Pump Station S. Cobb Reclaimed WTP Telemetry & Computer System Roanoke Rapids WWTP Upgrade Grit Removal System, WRF Clear Creek CSO Facilities Savannah Sludge Dewatering Mills River Regional WTF Ridenour Regional WTP Riverbank Intilt. @ BE Payne WTP Deerwood & Community Hall WTPs MODICON Roanoke County WRF Hydrant Fueling System McDowell Creek WWTP EM Johnson WTP Phase \I Beavercreek WWTP CSO CCS Pump Station 88 CSO CCS Pump Station 27 Location C2i Project # 16Cs . .. . . . .. .. . C2i STA TEMENTOF QUAL/FICA nONS .. . Paae')2 Tarheel, NC Austell, GA Denver, CO Arlington, VA Cherry Point, NC Las Vegas Dannelly Field, AL Cincinnati, OH La Grange, GA Abington, VA Arlington, VA Sarasota, FL Tulsa, OK Cocoa Beach, FL Cherry Point, NC W. Palm Beach, FL W. Palm Beach, FL Nashville, TN Port Charlotte, FL Gwinnett Co., GA Cobb Co., GA W. Palm Beach, FL Roanoke Rapids, NC South Cobb, GA Atlanta, GA Savannah, GA Hendersonville, NC Jacksonville, FL Louisville, KY Jacksonville,FL 1091294 1092305 1092307 1092313 1092316 1092326 1092327 1093341 1093343 1093363 1093372 1094378 0594381 0594382 0594386 0594389 0894392 0894394 1294404 0395410 0395414 0296434 0296435 0896450 0896451 1096454 0197463 0597475 0298497 1098524 Roanoke, VA Birmingham, AL Charlotte, NC Raleigh, NC Greene County, OH Albany, GA Albany, GA 1294403 1095428 0596441 0796444 0796446 0796447 0796448 Tab 7 Projects PLC PROJECTS - Page 4 MODICON - Cont'd. Proiect 16Cs Location C2i Proiect # Camp Blanding WWTP Starke, FL Camp Blanding Electrical Req. Starke, FL Computer System Upgrade Margate, FL Crozet'JilTP Charlottesville, VA Belle Glade WWTF Belle Glade, FL Northside & Southside Pump Stations Greenville, NC Greenwood Groundwater & Lagoon WTF Albemarle CO., VA Blacks Ford WWTP Jacksonville, NC Blue Plains E. Prim. Effl. & Excess Ctrl. Washington, DC Irwin Creek Secondary Clarifiers Charlotte, NC GUC Data Concentrator Replacement Greenville, NC Fairview Reservoir Asheville, NC Consumers WPllnterim Tmt Wells 6&8 Seminole Co., FL Spivey Mountain Reservoir Asheville, NC Greenville WTP Upgrade & Expansion Greenville, NC Rocky River RWWTP PS Cabarrus Co., NC McDowell Creek WWTP Phase 3 Mecklenburg Co., NC EM Johnson WTP 5MG Finished WS Raleigh, NC N. Storage TankJRepump Facility Belle Glade, FL 1096455 1296462 0997488 0198494 0398502 0798522 0898516 0898519 0998523 1098525 0199533 0399546 0599548 0599550 0799557 1199568 0500575 0900581 0900582 G.E. Hookers ptWWTP Exp. 5H3B Hookers PtWWTP Exp. 5H4 GE Stormwater T mt Plant Waccamaw WTP T2 Osborne WWTP Muddy Creek WWTP CSO CCS Pump Station 88 CSO CCS Pump Station 27 Table Rock/N. Saluda WTP Muddy Creek WWTP GE Leachate Project GE Rome Expansion T2 Osborne WWTP Hominy Creek WWTP, Ctrct 3A Neilsonrrhomas WTPs Henrico Co. WRF Ponte Vedra High Lvi Disinf Facs S. Rivanna (Observatory WTP) Mods Tampa, FL Tampa, FL Rome, GA pawleys Island, SC Greensboro, NC Winston Salem, NC Albany, GA Albany, GA Greenville, SC Winston~Salem, NC Rome, GA Rome, GA Greenville, NC Wilson, NC Winston-Salem, NC Richmond, VA Ponte Vedra, FI Charlottesville, VA 0793351 0793352 1094397 1095407 0596442 0996453 0796447 0796448 0197464 0597477 0997485 0398501 0698510 0798515 0898520 0199532 0299545 0799558 Tab 7 Projects PLC PROJECTS - Page 5 OPTO f MISTIC 16C5 Project Location C2i Project # Rivanna SCADA System Charlottesville, VA WTP Imprs Phase IA Statesville, NC T.l. Osborne WWTP Solids Hndlg Fac Greensboro, NC Columbia WWTP Expansion Columbia, TN Snake River wwfP Phase 2 Expansion Breckenridge, CO Hamilton WTP Hamilton, AL Charlie Brown Airport Atlanta, GA Etowah WTP Canton, GA Rose Creek WPCP Cherokee County, GA 0799559 1199569 0300573 0600576 0900580 1093342 0695417 1094395 0597478 PLC DIRECT Monterey WWTF Jacksonville, FL 0296433 C2iSTATEMENTOF QUALiFICATIONS . .... PaGe]..j. Tab 7 Projects RECENT HMI PROJECTS BY C2i WONDERWARE Proiect University of Florida WWTP Lanier Filter Plant O'Hare Infl Airport Fuel Storage Denver Inf! Airport Fueling System Cherry Point WWTP Cherry Point STP Hamilton WTP Washington County WTP Lehighton WTP Bee Ridge WRF Driftwood Street CSO Detention Basin East Port WRF Upgrade Etowah River WTP GE Stormwater Treatment System Mods. Relocation of Airfield Lighting Control, Charlie Brown Airport WTP Telemetry & Computer System EM Johnson WTP Phase 11 McDowell Creek WWTP Exp. Cincinnati Airport Fueling System Smith Farm Operable Unit 2 Ridenour Regional water Plant Gulfport North WWTF French Creek WWTP Birmingham ANG Part II Clear Creek CSO Facilities Sugar Creek WWTP Odor Control Water & Wastewater Tmt Improv. Bayou Marcus WRF GE Rome Expansion Northside & Southside Pump Stations Greenwood Groundwater & Lagoon WTF Irwin Creek Secondary Clarifiers State College WTP Computer/MMI West WWTP Nutrient Removal @ STP W. P aim Beach WTP Process Mods WTP Filter Rehab McDowell Creek WWTP Phase 3 Eastside WWTP 26MGD Up & Exp EM Johnson WTP 5MG Fin.Wtr Storage Location Gainesville, FL Gwinnett County, GA Chicago, IL Denver, CO Cherry Point, NC Cherry Point, NC Hamilton, AL Abington, VA Lehighton, PA Sarasota, FL Nashville, TN Port Charlotte, FL Etowah, GA Rome, GA Atlanta, GA West Palm Beach, FL Raleigh, NC Charlotte, NC Cincinnati, OH Shepherdsville, KY Jacksonville, FL Harrison Co., MS Camp Lejeune, NC Birmingham, AL Atlanta, GA Charlotte, NC Margate, FL Pensacola, FL Rome, GA Greenville, NC Albemarle Co., VA Charlotte, NC State College, PA Leesburg, FL Cherry Point, NC West Palm Beach, FL West Palm Beach, FL Mecklenberg Co. NC High Point, NC Raleigh, NC C2I Project # 16 C 5 1092325 0995422 1094376/1094399 1092307 1092316 1092316 0393342 1093363 1093338 0394378 0894394 1294404 1094395 1094397 0695417 0296434 0796444 0596441 1093341 1296457 0597475 0497471 0497469 1095428 0896451 1297484 0997488 0298498 0398501 0898522 0898516 1098525 1198527 0299543 0599549 0100570 0500574 0500575 0700579 0900581 < «< «« <'-"<'«--«-'-"«------"-«-'-"-"""'--"'--'--'----........_<.< . Tab 7 Projects HMI PRODUCTS - Page 2 I NTELLUTI ON Proiect Location Hollywood WWTP Expansion Hollywood, FL South Cobb WRF Atlanta, GA Advanced Demonstration Facility Columbus, GA Roanoke Co. WTP Roanoke, VA New Fueling System Spokane ¡nt'l Airport, WA South Cobb WRF Cobb Co., GA Mandarin WTF Jacksonville, FL Monterey WWTF Jacksonville, FL Beavercreek WWTP Greene Co., OH Muddy Creek WWTP Winston Salem, NC Camp Blanding WWTP Starke, FL Industrial WTF Naval Submarine Base Kings Bay, GA Arlington East WWTP Jacksonville, FL Camp Blanding Collection/Distribution Starke, FL Mills River Regional WTF Asheville, NC Table Rock/N. Saluda WTP Greenville, SC Muddy Creek WWTP Winston-Salem, NC Logan Infl Airport Fueling System East Boston, MA Crozet WTP Charlottesville, VA Pickens WWTP Upgrade Pickens, SC Belle Glade WWTF Belle Glade, FL Blacks Ford WWTP Jacksonville, FL NeilsonfThomas WTPs Winston-Salem, NC Blue Plains E. Primary Effluent & Excess Control Washington, DC Forsyth County WTP Forsyth Co, GA Arlington East WRF Mods Jacksonville, FL GUC Data Concentrator Rep!. Greenville, NC Fairview Reservoir Asheville, NC Spivey Mountain Reservoir Asheville, NC Gary SCADA System Imprs Ctrct 3 Cary, NC OUC Southeast WTP Orlando, FL Greenville WTP Upgrade & Expansion Greenville, NC Henrico County WTP Henrico Co., VA Raw Water PS Imps Cary, NC Gary-Apex WTF Phase 2 Cary, NC Mangrove Lagoof1 Reg WWTP St. Thomas, Virgin Islands SCADA System Steamboat Springs, CO C2i Proiect # 1 6 C 5 0393344 1094414 1294402 1294403 0395411 0495414 1095425 0296433 0796446 0996453 1096455 1096456 1296461 1296462 0191463 0197464 0597477 1197482 0198494 0298499 0398502 0898519 0898520 0998523 1098526 1198529 0199533 0399546 0599550 0699554 0799556 0799557 0799560 0999562 1099565 0700578 1000583 ----- --------_.._--_.._----------_._---- -... .... - - ----- _._-- - Tab 7 Projects MISCELLANEOUS fbC5 CIMPUCITY Project Location C2i Project # T.z. Osborne WwfP Henrico Co. WRF T.z. Osborne WWfP Solids Handling F aGility Columbia WWTP Expansion Snake River WWTP Phase 2 Expansion Greensboro, NC Richmond, VA Greensboro, NC Columbia, TN Breckenridge, CO 0596442 0199532 0300573 0600576 0900580 REAL FLEX Presidents Street WPCP South Cobb WRF Savannah, GA Cobb County, GA 1093336 1092305 GENESIS Hookers Point WWTP Tampa, FL 0793351 PARAGON La Grange WfP Bristol WWTP LaFollette WWTP La Grange, GA Bristol, TN LaFollette, TN 1093343 1090244 1086181 CITECT Frenches Creek WWTP Valrico Advanced WwfP Expansion Camp Lejeune, NC Valrico, FL 0397469 0401592 -------~-_._--,--..-.._- """'.'",.-.--....-..,,- .--- C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA IßC5 - 7. Systems Qualifications Control Instruments, Inc. (C2i) has been providing instrumentation systems for over 40 years. C2i has provided a full variety of systems utilizing multiple PLC's and communication methods. C2i has integrated systems with Ethernet, Data Highway +, ModBus, Profibus, DeviceNet, in both fiber, radio and copper media. C2i also has a full background and understanding of radio systems. The C2i service group maintains radio testing equipment to troubleshoot existing systems, as well as providing radio surveys. The Collier County system of plants has a heavy concentration of Allen-Bradley PLC's (PLC-5, SLC-500 and Micrologix), all of which C2i maintains software for, through the Allen-Bradley integration program. The primary SCADA/HMI software is Intellution of which, again, C2i has an abundance of experience. C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA ~~~ Page 17 ~5 8. Cost proposal Service Cost Per Hour (Normal Hours) Field Technician $ 88.00 Programmer/Integrator $ 135.00 /hour /hour Point of Origin of Technician Fort Myers/Jacksonville/Orlando Point of Origin of Programmer/Integrator Fort Myers/Jacksonville/Orlando List of proposed technicians, programmers and other personnel with resumes and references attached? Yes References attached? Yes C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA Page 18 ill 5 9. Emergency Work Rates C2i is capable of providing emergency response for the Collier County area with the 3-hour time frame, from our Fort Myers location. Emergency work rates are as follows: Technician Engineer $175.00 $275.00 ¡hour ¡hour .. ..,....-----.--- ,,_.... C2i PROPOSAL RFP #04-3536 COLLIER CO. FLORIDA P"f6C5 1 o. Supplemental Information Statement of litigation During the 41 years of operation the only known claims involving C2i were two claims C2i initiated against general contractors for non-payment. One case was resolved 100% in C2i's favor. The other case is currently in arbitration. ,--.-....-..,..",.......... RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 18 PROPOSERS QUALIFICATION FORM 16C5 Firm Name: Address: City: Telephone: FAX#: control Instruments, Inc. 1316 S.E. 5th Terrace Cape Coral ( 239 ) 229-1021 ( 239 ) 574-4674 State FL Zip 33990 Type of Work: Instrumentation Services Type of Firm: x Corporation/Y ears in Business: Partnership/Y ears in Business: Sole Proprietorship/Years in Business: 41 Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed Mark G. Healey Karron E. Sikes President Secretary 20 30 Number of Personnel in Organization: Administrative: 8 Professional: (P. E. ) 2 Office: 9 Engineers Shop: 8 Field: 10 References: Bank(s) Maintaining Account(s): Bank a f AIDer i ca Charter Bank Other References: Tam Foster" Bestech,770-975-0774 Reed Baker, Advantage, 770-447-4474 . -.-.-------,..,---..,.-".. PROPOSERS QUALIFICATION FORM (Continued) 1 6g~ 5 RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Representative Contracts Completed During the Last Five Years: Year/Project Agency Contact Person 2 0 OO/For syth, GA, Margate, FL Cogburn Electric Larry Cogburn, 904-358-7344 2000/Mills River, NC city of Ashville, NC Charlie Casey, 828-669-8569 2003/Cobb County - Northwest Plt Cobb County Water System Perry Bohanon, 770-917-5194 List Major Work Presently Under Contract: % Completed Agency Contact Person JEA Projects 99% Ga.inesville, FL 5% Rome, GA 5% Okeechobee, FL 10% JEA Pizagalli Contractors General Electric Cardinal Contractors Jim íti1ood, 904-665-4251 Lauren Smith, 770-297-6855 Richard Lester, 706-291-3488 Wes Bon, 941-377-8555 List Current Projects for Which Your Firm is Candidate for Award: Eastern Regional WI'P, Orange Co., FL Have you, at any time, failed to complete a project? 0 yes [ill no Are there any judgments, claims or suits pending or outstanding by or aqainst you? 0 yes ŒJ no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: C2i filed suit against a general contractor in Virginia for non-payment. R.eSUl t .LUO:s award to c..h C2i filed suit agaillst a general contractor ill North Caro1illa tor non-payment. Results - Pending ~~.. "---"""---"'-------~._-'-""'- RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 20 PROPOSERS QUALIFICATION FORM (Continued) 16C5 Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. By: Name of Organization: Control Instruments, Inc. ¿tA,~~ tÞf~ P Jk - Mark G. Healey Title: Attested By: - Karron E. Sikes Title: Secretary Date: 10/28/03 -L RFF No. 04-3536 -- Annual ContTact for Instrumentation, ContTols, Telemetry and SCADA Integration Services Page 21 Collier County Florida Insurance Requirements 16C5 INSURANCE TYPE REQUIRED LIMITS x 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident x 2. Commercial General Liability Bodilv Injury & Property Damage (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. $1,000,000 Single Limit Per Occurrence x 3. Indemnification: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shaU protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and al Josses, penalties, damages, professional fees, including attorney fees and aU costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shaU also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by an of them. This section does not pertain to any incident arising from the sole negligence of Comer Cou nty. 4. Automobile Liability Owned/Non-owned/Hi red Automobile Included $500,000 Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ -0- $ -0- 10-23-03 15:57 FROM-YATES INSURANCE (AGENCY . lO/23/03 16;28 1t~O~ 794 57M~ 4046331312 T-689 P.03/03 F-079 I...;.¡tn.:."r-..... RFP No. 04-3536 -- AulIulll Con1f~c;:f for h\sftl.lmcntaUO\1, Contíol$, Tdcmc:Qÿ :106 SCAD"'- lrncgl11[lOIl $~rvtC~S Pate 22 Collier County Florida 'nsur~nce Requirements (Continued) 16C5 x 6- Contractor snail insure that aU subcontractors comply with tl1e same insurance requirements that he is required to meet. The same cormactar shall provide the County with certificates of insurance meeting the required insurance provisìons. -X. 7. Collier County must be named as "ADDiTiONAl INSURED" on the Insurance CertIficate for Commercial General Liability. -X. 8. Collier County Board of County CommIssioners shall be name" as the Certificate Holder. NOTE: The "Certificate Holder' should read as follows: Ccliìer County Board of County CÀmmissìoners 3301 East Tarniami Trail Naples. FL 34112 J... 9- Thirty (30) Days CancaUation Nøtiçe is required- 2- 10- The Certificate must state the RFP Number and Title. - - BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specificatìons. and to at the evidence of said insuran.:e may be required within five (5) business days of the award of RFP. ~~t'e.e RéfJ!~C¡SP~esident t,7~ ç' 7/f ç /# £MIa AvtNC V Insl.lrance ~ency l¡::f;¡¡¡r--;;~ CONTROL INSTRUMENTS, INC . Proposer RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 23 Board of County Commissioners Collier County, Florida Purchasing Department 16Cs THIS SHEET MUST BE SIGNED BY VENDOR PROPOSERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: . RFP Number; RFP Title; Opening Date . . 11. The RFP will be mailed or delivered in time to be received no later than the specified openinQ date and time. ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. CDNTROL INSTRUMENTS, INC . Company Name ~~~ President Mark G. Healey I 0 / a:::, / 0 -.:';> Date t RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 24 FROM: CONI'ROL INSTRUMENTS, INC. 16CS Declaration Statement DATE DUE: October 24.2003 Câ>. 3:00 PM Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO. 04-3536 - "Annual Contract for Telemetry Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #04-3536 as issued by Collier County on September 23, 2003. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 23 day Octoœr County of Cobb , in the State of ~. CONI'IDL INSTRUMENTATION, INC . Firm's Complete Legal Name . 2003 in the Check one of the following: D ~ D D Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership FAX No. 404-35l-l085/GA 404-794-5784 239-229-l02l/FL 239-574-4674/FL Phone No. 5253 Oakdale Road Address Smyrnar GA 30082 City, State, Zip BY: Typed and Written Signature Mark G. Healey President Title ....-----.-...--------.-.- . -... -.-...- .---... Oct 15 03 10:59a C2i - Robin Garling 239-574-4674 p.6 OcH~-O3 OS:jß Fro ell C P" m- 0, laf ounly urc,,¡¡.ìn¡ 941 732 Dßl\4 T-5O4 P OOB/DOS ¡nL RFP No. 04'536 - ^""~I Oo_~ ¡" ¡"""'~~..", O~"o", T .om"'" ... SCADA ¡""9~'~" S'N'" """ " 0 C 5 Addendùm COST PROPOSAl. Service Cost Per Hour Technician P rog ra rom erf1 "tegrator $ 88.00 $ 135.00 hour hour point of Origin of Technician Point of Origin of Programmer/Integrator List of proposed technicíans. programmers and other personnel with resumes and references attached? Ono References attached? ~yes KJ yes ono EMERGENCY & ON-CALL WORK Contractor is asked to provide willingness to respond to emergency and on-call service requests as defined on page 4 of this RFP. On-can Service Requests? ŒJ yes ŒJ yes Dno Dno Emergency Service Requests? A "yes" response to either of the above assumes full wiHingness to: 1) Meet timely response 2) Be avaìlab~e to respond to such calls 24 hours a day, 365 days a year 3) Ma\ntain updated and accurate on-call1lst as delineated in the Emergency Work section of this RFP, pages 4 and 5 Should the successful respondent who has been awarded contract and who has also, in this RFP, indicated this willingness, subsequently fail to meet these terms, the county reserves the right to contract substitute services in accordance with the Substitute Performance section as described on Page 7 of this RFP. Volume of Work Previously Awarded to Firm (Tie-breaker) 16gë65 RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the proposer, subject to verification at the County's option. See below. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. Once the final ranking has been compiled, the Selection committee will choose the short listed firms based on consensus, and not necessarily by the final ranking order of the firms. Fees List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $ 0.00 Total Fees for work done on all Collier County projects Date: 10/23/03 ~~~~ President Signed: Title: ..--.-.---.' ..........---..--.-.-. .. ...,..----..... RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 27 Qualifications and Credentials of Bidder & Staff surve16 C 5 Many different skill sets and areas of expertise are being solicited within the framework of this RFP. In order to better ascertain the specific qualifications of each proposer, we solicit your responses and descriptions of service offerings. If a specific skill set is not met or proposer does not otherwise offer services as listed and described, then proposer should indicate so and explain if deemed necessary. "No" responses are not used as a basis for disqualification, as the County realizes that these many different skill sets are and service sectors vary with each company/entity. Personnel Certifications and Designations Electrician(s) on Staff? ŒJ yes 0 no Indicate name, office/field location of designee, type (Journeyman, Master, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable Professional engineer(s) on Staff? ŒJ yes 0 no Indicate name, office/field location of designee, type (PE or EI), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Radio Frequency Certifications of Staffmember(s)? 0 yes GJ no Indicate name, office/field location of designee, type, and license number within the body of submitted proposal; attach copies of license(s) if applicable. Network Certified Staffmember(s)? 0 yes [X] no Indicate name, office/field location of designee, type (MCSE, MCSP, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Proposer's Technical Capabilities General Instrumentation Maintenance/Troubleshooting Capabilities? no [X] yes 0 Within the body of submitted proposal, indicate knowledge/familiarity/certification in configuration, calibration and system integration of various instruments, including (but not limited to) devices to control/monitor flow, level and pressure. Submittal shall further describe knowledge of subject instruments by make and models, technology type, and any special calibration techniques and/or equipment (such as Hart protocol or Rosemount Smart interface) that the proposer utilizes to service these instruments. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. Radio/Communications Diagnostics/Maintenance/Troubleshooting Capabilities? ŒJ yes 0 no Within the body of submitted proposal, indicate knowledge/familiarity/certification in the implementation, diagnostics and maintenance of radio frequency and other communications media. Submittal shall further describe knowledge of communication technologies (such as radios, modems, and fiber equipment) by make and models, plus diagnostic equipment (such as RF wattmeters, spectrum analyzers, and frequency counters) that the proposer utilizes to service the communications technologies. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. PLC Programming Capabilities? lliJ yes 0 no Indicate PLC ladder logic/other programming knowledge/familiarity, by make and models, within the body of submitted proposal; attach verification of programming training levels/designations/certifications as recognized by manufacturers or other industry recognitions, if applicable. VFD Programming and Configuration Capabilities? ŒJ yes 0 no Indicate VFD configuration and service authorizations, plus any other knowledge/familiarity, by make and models, within the body of submitted proposal; attach service authorizations or training levels/designations/certifications as recognized by manufacturers, if applicable. HMI/SCADA Programming Capabilities? ŒJ yes 0 no Indicate SCADA software programming and screen generation knowledge/familiarity, by make and models, within the body of submitted proposal Control Panel Fabrication UL-508A Approved Panel Manufacturer? ŒJ yes 0 no 16C5 :1 MEMORANDUM Date: March 5, 2004 To: Lyn M.Wood From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract Agreements between the Board of County Commissioners and DCR Engineering Services, Inc. Enclosed are three {3}original documents, as referenced above (Agenda Item #16C5} , approved by the Board of County Commissioners on Tuesday, January 27, 2004. One original document has been kept for our records and one original has also been forwarded to the Finance Department. If you should have any questions, you may contact me at extension #8411 Regards, Enclosures 16C5 AGREEMENT THIS AGREEMENT is made and entered into this 2ih day of January, 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and OCR Engineering, Inc., authorized to do business in the State of Florida, whose business address is P. O. Box 935, 502 C.R. 640 E., Mulberry, Florida 33860 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating January 31, 2005, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16CS 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Todd B. Bredbenner, President DCR Engineering Services, Inc. P. O. Box 935 502 C.R. 640 E. Mulberry, Florida 33860 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page -2- 16C5 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal. laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- 16CL) 12. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums Page -4- , 16C5 due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable Page -5- 16C5 to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or Page -6- 16C5 materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Page -7- Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: 16 C i; (1) The Release and Affidavit in the form attached as Exhibit "B". ..J (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out Page -8- 16(.;5 verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04-3536, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~ ddt. Commi sioner Donna Fiala, Chairman By: ATTEST: C}-~i;st ~it~'~r D~R EN ERING SERVICES, INC. Contractor By: ~~ Signature Jennifer L. Waymire Type/Print Witness Name CQaAiclM , Úoo~ Second Witness Todd B. Bredbenner Typed Signature Vice President Title Clare M. Connelly Type/Print Witness Name CORPORATE SEAL (Corporations Only) Item # 1{P~ 5 Agenda / - Â 7 ~ () t.J Date Page -9- EXHIBIT A PUBLIC PAYMENT BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as , as Surety, located at - (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. Principal, and WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -1 0- , Signed, sealed and delivered in the presence of: PRINCIPAL: 16C5 By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 200_, by - ,as cl , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- l-6-C5 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200--, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. day of My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. ourselves, our heirs, WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the 'specifications. Page -13- 16Cc; This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by ,as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- ATTEST: SURETY: 16C5 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200---, by ,as - of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16Cs COUNTY OF COLLIER) STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200- for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -16- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 16C5 (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date $ $ % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ $ $ $ $ $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through - inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -17- ----- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16G5 CHANGE ORDER NO. CONTRACT NO. 04-3536 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount ($ $ $ Sum of Previous Changes Present Agreement Amount $ $ This Change Order (Add) (Deduct) The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (-> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200- CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -18- EXHIBIT E 16C5 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -19- . The responsibilities between OWNER and CONTRACTOR for security, operation, safetY~ 6 C 5 maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWN ER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title Page -20- EXHIBIT F 16C5 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No, CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -21- 16C5 - -..- ,.,~._..-_., The following w.arranty ~s :::¡ttached 11.. a , ^JticatE.:: ¿Xht1': ,- Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title Page -22- 16C5 EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATE SEAL BY: Attest: Page -23- EXHIBIT H 16C5 Collier County Standard Fee Schedule RFP 04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Programmer!1 nteg rator $65.00 per hour $100.00 per hour Technician Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -24- . ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID DCREOO1 12 30 03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Huckleberry, Sibley & Harvey Insurance & Bonds, Inc. 1020 N Orlando Ave, Suite 200 Maitland FL 32751 one: 407-647-1616 ..-/RED INSURERS AFFORDING COVERAGE DCR Engineering Services, Inc. Attn: Clare Connelly POBox 1021 Mulberry FL 33860 COVERAGES INSURER A: INSURER B: Am Casualty Co of Rudin!l PA NAIC# 09035 09165 INSURER C: INSURER D: Continental Casualt Co Trans ortation Insurance Valle For e Insurance Co 01839 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE iMMlDDNY)- "'11ìt1{fMMIDDIYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 - A X COMMERCIAL GENERAL LIABILITY L144207091 03/01/03 03/01/04 PREMìSES (E;~~~~nce) $ 50 , 000 I CLAIMS MADE ŒJ OCCUR MED EXP (Anyone person) $ 5 ,000 Contract Liab as GL EXTENSION ENDORSEMENT PERSONAL & ADV INJURY $1,000,000 - - per policy form GENERAL AGGREGATE $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1,000,000 "I !Xl PRO- nLOC POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1,000,000 B X ANY AUTO L144214963 03/01/03 03/01/04 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY - (Per accident) $ ~ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ---- ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 C [!J OCCUR D CLAIMS MADE L144207107 03/01/03 03/01/04 AGGREGATE $ 4,000,000 Follow $ H DEDUCTIBLE Form EL $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X I TORY lIMITŠ I IVEFt D EMPLOYERS' LIABILITY WC249341678 01/01/04 01/01/05 E.l. EACH ACCIDENT $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L DISEASE - EA EMPLOYEE $ 500 I 000 OFFICER/MEMBER EXCLUDED? BLANKET WAIVER SUBROGATIO ~~~Mr~~båv"rs?ô~s below E.L. DtSEASE - POLICY LIMIT $ 500,000 OTHER A Leased/Rented Eqp. L144207091 03/01/03 03/01/04 Per Item $200,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Leased/Rented Equipment: Special Form/ACV/$5,000 Deductible Applies RE: #RFP No. 04-3536 Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services As additional insured on general liability (not on w/c): Collier County Board of County Commissioners COLLCOU CANCELLA nON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 o # DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CERTIFICATE HOLDER Collier County Board Of County Commissioners 3301 East Tamiami Trail Naples FL 34112 @ACORD CORPORATION 198 ACORD 25 (2001/08) To: From: Date: Subject: Memorandum Bonnie Zinn, Finance Linda A. Houtzer, Minutes & Records Sue Hebbe Purchasing Technician March 10, 2004 RFP 04-3536 "Annual Contact for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contract Proposal Copy's for: DCR Engineering Services, Inc. EMA, Inc. Revere Control Systems, Inc. Bonnie & Linda The attached are copies of the submitted proposals for the above referenced vendors that we now have fully executed contracts for. Thank You ~. Purchasing Department ~~--_._,- ORIGINAL 1 6 C 5' ~J RFP #04-3536 Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Friday - October 24, 2003 3:00 p.m. Presented to Purchasing Director Collier County Purchasing Building 3301 East Tamiami Trail Naples, FL 34112 ~O"""\ ,:,.1....:~..,1' " .. . .'. I'" .' ""<> ( )1', \ OCR Engineering - Services" Inc. ~ MOTOROLA \.{J SCADA VAR P.O. Box 935 Mulberry, Florida 33860 Phone 863-428-8080 Fax 863-428-8036 Microsoft ,~ ~ lld)l¡f~ of C(J~I!~!~!~! --,"~ ,'~ ""~,,-"~""'~~~,~-'~. ),',;\, i ,i;~ 'i' ',' ---"" ""-",,,---,- 16C5 Cover Letter Detailed Technical Proposal, Qualifications, Resumes and References Cost Proposal Required Bid Forms Licenses, Insurance, Addenda IHOt::XiI¡C :";'¡,:>ïtc,c; ""-'-- OCR Engineering - Services, Inc. P.O. Box 935 502 County Road 640 East Mulberry, Florida 33860 Telephone 863.428.8080 Fax 863.428.8036 October 22, 2003 16C5 Mr. Dennis McGee Senior Purchasing and Contracts Manager Collier County Purchasing Department 3301 East Tamiami Trail Naples, FL 34112 REF: RFP #04-3536 - "Fixed Term Instrumentation and Controls (I & C) Engineering Services" Dear Mr. McGee: Our qualifications are attached for the referenced services contract. Other clients that we currently have similar contracts with include, Seminole County, Lee County, Vol usia County, City of Orlando, City of Bradenton, St. Johns County, Sarasota County, and City of Kissimmee. Service for these accounts is provided from Mulberry, Florida, which would be the primary support for your system. All services for this project will be performed by DCR. We do not use subcontractors. We are a licensed Florida Certified Electrical Contractor, and DCR Engineering is registered in the State as Professional Engineers. A State of Florida Registered Engineer will supervise all work. We are capable of providing the county the necessary services for all phases of your electrical and instrumentation control systems. These services include, but are not limited to: . Pre-design analysis. . Electrical control system design, schematics, specifications and documents. . Instrumentation loop control design, schematics, calibrations and documents. . Necessary permitting, bidding, and negotiating services. . Construction and installation supervision. . Engineering testing. Energy management evaluations, recommendations and services. . . Scope of work and conceptual estimates for new and renovation projects. Complete system integration including: . Instrumentation field devices. (Transmitters, sensors, meters etc.) . PLC, HMI and SCADA configuration/programming. . Final control elements. (Valves, VFD's, dampers, etc.) . Network architecture and communications. . Power, surge, lightning, grounding and bonding issues. UL certified panel fabrication facility. . www.dcreng.com @ M OSCAD TM MOTOROLA --..------------ .OCR EngIneering - ServIce., Inc. Page 2 of 2 Collier Co 102403.doc October 23, 2003 nc 5 Please take note of our company's many advantages: . Experience - over 2500 RTU's installed. . Certified Motorola SCADA Reseller - one of seven in the country. There are over 50 Motorola Value Added Resellers in the USA, but only seven have attained the distinctive status of being "Certified". . Local support from licensed electrical contractors, and engineers. . Our staff includes 6 Professional Engineers, 4 Electrical, 1 Mechanical, and 1 Structural. Additionally we have 11 degreed engineers, 1 Ph.D. 6 programmers, and 10 technicians. . Since becoming a Motorola VAR in 1994, DCR's annual telemetry sales have ranked number 4 or higher (in the USA), placing number 1 in 1994, 1998, 2000 and 2003. We have installed more Motorola RTUs than any other VAR. . Financial strength to assure long-term support. DCR companies exceeded $30M in sales last year. We are an 20-year-old company who will be here to assist you in the future. We have several long term SCADA engineering, design and maintenance service contracts in effect with state and local governments including: South Florida Water Management District ($2.5M), Seminole County ($3.5M), Lee County ($1.2M), Sarasota County, St. Johns County, City of Kissimmee, and City of Orlando ($500K). This is an excellent concept that allows government to form long-term relationships with high tech companies. We are familiar with this type of service contract, and believe it can be a win - win situation for both parties. DCR's experience with SCADA systems in municipal water/wastewater systems will be a major value added benefit to the County. We will raise the level of system performance to the highest level and bring cost saving ideas to the County. We are quite familiar with the process, instrumentation and control necessary to operate a modern water and wastewater telemetry system. We support the Collier County's due diligence and investigation of our company's resources. You are encouraged to visit our facility, interview our staff, and see for yourself the quality offering of our company. Attached to this proposal are recent client letters of recognition that speak to our success in client satisfaction. We invite comparison to any other respondent. and thoroughly believe this is the best proposal for the County. We look forward to your review and trust that you will act favorably on our behalf. Truly yours, ~ ~~- Iotdi. Bredbenner. P. E. Vice President www.dcreng.com @ M OSCAD TAl M<>T'O'OC>'" - .----...., -,-",----'--'-"'--"'-'- ..-.-----.- --- D CR Engineering - Services, Inc. p,o, Box 935 502 County Road 640 East Mulberry, Florida 33860 Telephone 863.428,8080 Fax 863.428.8036 Detailed Technical Proposal Collier County (I & C) Engineering Services October 22, 2003 16C5 1. General Scope of Work: This proposal provides complete engineering and design services as defined in your Scope of Services. It is desired to form a long term working relationship with the county and that we will become a part of the Collier County's Instrumentation and Control Engineering Department. OCR is licensed in Florida to provide Professional Engineering Services, and we are a State Certified Electrical Contractor. Proposer's Credentials - Please reference the attached corporate and personnel resumes. 2. 3. Staff Credentials - Please reference the attached corporate and personnel resumes. Your staff will include: 3.1. Mr. Todd Bredbenner, P.E. - Vice President and Technical Consultant. 3.2. Mr. Kevin Mathes - Engineering Group Manager 3.3. Dr. Tom Gillen, Ph.D. - Technical Consultant and software development. 3.4. Mr. John Benton - SCADA Systems Manager 3.5. Mr. Mike Taylor - SCADA Integrator/Network Specialist 3.6. Mr. Allan Humphrey - Instrumentation Manager 3.7. Mr. Ben White - Instrumentation Technician/SCADA Integrator 4. References - References are in the attached corporate qualifications statement. 5. SCADA, Telemetry and Instrumentation Equipment - OCR has been in the telemetry business for over 15 years, and the instrument and controls business for over 20 years. If it exists in the process world we have probably seen it. Colliers telemetry systems consist of both Curry Controls RTUs and DFS RTUs, both of which we have had experience with. Experience includes: 5.1. Curry Controls - Curry uses PLC technology with Modpac radios using MODBUS protocol. We have several Curry systems that we maintain in Lee and Seminole Counties. 5.2. DFS - DFS is a proprietary system with the manufacturer being the sole source for parts. DFS is not an easy manufacturer to obtain service information from. However, we have in house a DFS RTU on loan from a DFS user for us to "reverse engineer". We have the technical ability in house to reverse engineer most any digital device. We also have installed three VTS by Trihedral HMI Centrals that support DFS protocol, and have under contract 6 more. We can integrate Motorola RTUs in to a DFS system. 5.3. Instrumentation and sensors - Experience with an extensive list of manufacturers equipment in pressure, flow, level, temperature, motion and analytical measurements. 5.4. Variable Frequency Drives - experienced with Allen Bradley, Siemens, ABB, Square 0, GE and most major drives. 5.5. Control Systems - Familiar with conventional water and wastewater processes, and the equipment in use to monitor and control these processes. www.dcreng.com @ M OSCAD 'If M"""IOO"" -- ... -- - D CR EnglnfHInng - StHvIc.., Inc. Page 2 of 11 Collier Co Tech Prop 10-24-03.doc October 23. 2003 6. 5.6. Allen Bradley PLC's - We are a Rockwell Solutions Provider 5.7. Intellution - Solutions Provider, over 25 Intellution systems installed. Software Application Support - OCR has preferred status with and supports the following software applications: 6.1. Microsoft operating platforms and networking, including Windows NT, 2000 and XP. We are a MS Solutions Provider with several MCPs, and one MSCE. 6.2. Wonderware 6.3. Intellution 6.4. VTScada by Trihedral Engineering 6.5. Rockwell RS View. 6.6. A-B PLC 5 and all SLC PLCs. 6.7. Modicon PLC's 6.8. Omoron PLC's 6.9. Square 0 PLC's 6.1 O.GE PLC's 6.11.Motorola MOSCAO RTUs 6.12.Microsoft Office products 6.13. Oracle Client Certified 6.14.MS SOL Server and Clients. 1-6C5 7. System Understanding - Basically Collier uses OFS RTUs for wastewater and Curry Controls RTUs for well fields. We are quite familiar with both systems. We maintain two of Curry Systems, replaced at least 3 Curry Systems, and are able to integrate Motorola RTUs in to a Curry system. OFS is highly proprietary, however we believe that our superior technical staff will be able to assist the County with OFS system issues, particularly RF and instrumentation issues. 8. Rates and Emergency Work - Rate sheet is attached. OCR has a 24 hour 800-799-4941 emergency response number that is able to dispatch service personnel. Estimated time of response to a Priority 1 service call is 6 hours. 9. Price List - All pricing is a derivative of the above rate sheet. We will be happy to pre-estimate a job's cost prior to authorization to proceed. 10. Value Added Concepts: OCR will use its vast experience to help reduce installation costs, increase reliability, and improve performance. We are a full service engineering firm, Motorola VAR, and Electrical Contractor, with no middleman, and the ability to respond to issues. We offer a single point of responsibility for all of your SCAOA and water/wastewater control issues. Our company will save you a substantial amount of money in both capital, and maintenance expenses. Potential savings items include: www.dcreng.com @ M OSCAD TAl "0"""""" .--,....... OCR EnglnlHlring - thlrvlc.., Inc. Page 3 of 11 Collier Co Tech Prop 10-24-03.doc October 23, 2003 6 C 5 "'¡ 1 0 .1. Lifetime Software Warranty 10.2.0ne Year Hardware Warranty 10.3. Florida Installation Experience - our installations consider the Florida environment. We are familiar with Florida's weather, climate, and service conditions. 10.4. Certified V AR - being "Certified" by Motorola insures that our systems use the most current software, and installation procedures as directed by Motorola. We are factory trained and certified. 10.5. MOSCAO L Technology - When properly applied this RTU can save $1 ,000's in installation costs. 1 0.6.$300K Inventory - reduces your spare parts requirements. We stock enough hardware to commission ten RTUs of any type we sell. You do not need an extensive parts supply. 10.7. RF Networking - our experience with MOSCAO's RF networking capability allows much wider coverage, with multiple redundant RF paths over the same RF channel. This can be a substantial savings as a system grows, and is much more effective than simple "store and forward" technology. 10.8. Full Service Engineering - a Registered Florida Engineer supervises all work. We have 4 professional engineers on staff, including controls and structural professional engineers, and OCR Engineering Services has $1 M in professional liability insurance. We will certify all telemetry installations. 10.9.Control Panel Shop - OCR has a 5,000 square foot UL Certified panel fabrication facility. This shop is at your disposal and offers integrated RTU and pump control panels. Integrating both the controller and RTU is a substantial savings that offers enhanced control functions. CORPORATE RESUME @ M OSCAD TII www.dcreng.com M"""""'U .' ------- _.------- OCR EnglntHlrlng - IIørvIc.., Inc. Page 4 of 11 Collier Co Tech Prop 10-24-03.doc October 23.2003 1-6 C 5 Credentials, Qualifications and Experience Collier County (I & C) Engineering Services October 22,2003 OCR Engineering Services Inc. began operating in 1983 as a technical support group in Dale C. Rossman, Inc. In 1995, this group was spun off as a separate company dedicated to turnkey control and SCAOA systems. We are a licensed and Certified Motorola Fixed Data VAR for radio control and data equipment, and in 1994, 1998, and 2000 were the number one VAR for Motorola in North America. We have Value Added agreements with Allen-Bradley, Intellution, and Intouch to configure, program and commission their systems. In 1998, OCR became certified as a 'Microsoft Certified Solution Provider. DCR specializes in complete turnkey control and telemetry systems, including equipment selection, design, software configuration, installation, and start-up. We will assume total responsibility for your control needs from application to commission, and start-up. All system design is supervised by registered Professional Engineers, and installation performed by a Florida Certified Electrical Contractor. 1. Equipment and Software Experience: Motorola MOSCAO and Intrac 2000 RTUs - over 2500 units installed. Motorola Certified VAR Fixed Data Products. We are one of seven "Certified" VARs in the country. Intellution's DMACS and FIX (Windows and DOS) graphics interface software - 45+ systems installed. We are a licensed Intellution Value Added Reseller. In Touch's Wonderware Windows graphics interface software - 50+ systems installed. We are a licensed Intouch (Wonderware) Value Added Reseller. Allen Bradley PLC 5/20,5/30,5/40,5/60,5/80, SLC, Panelview, and Devicenet I/O. We are an authorized Allen Bradley Strategic Provider. Windows 2000, Windows NT and 95 and 98 operating platforms, and networks, with DMACS, Wonderware, Oracle's SQLnet, Specter's WIN911/411, Microsoft SOL Server, and all Microsoft Office products. We are a Microsoft Certified Solution Provider. Operator Interfaces including Nematron, TCP, and Uticor graphics stations - over 30 installed. OCR Engineering has experience from process control interfaces to LAN's, and MIS servers. Utilizing both Microsoft and Oracle SaL Servers we have provided real time process links to management information systems. Our process control experience includes: Environmental Stations, Municipal Water and Waste Water; Citrus Pasteurization, Blending, Finishing, and Evaporation; Phosphate Matrix Control, Flotation, and Chemicals; Sugar Centrifuges, Refining, and Extraction. Experience with automation and material handling projects include: Palletizing, Pallet Conveying, Packaging, bulk material conveying, and Bottling. In the past three years we have performed in following areas. www.dcreng.com @ M OSCAD r.. ...0.......... . . ... ...---.-.........- D CR EngIneering - Servlt:II., Inc. Page 5 of 11 Collier Co Tech Prop 10-24-03.doc October 23, 2003 6C5 N< 2. Process and Automation Experience: Flood Control Structures Pump Stations Municipal Water And Waste Water SCADA Telemetry Systems - over 2,000 RTUs Aquifer Storage and Recovery System Phosphate Pumping SCADA Control Systems - over 300 RTUs Citrus Pasteurization and controls - over 20 systems installed. Citrus solids induction to fresh juice - blending calcium and vitamins with pasteurized juice. Palletizing and Pallet Wrapping. Pallet conveying. Sugar refining. Reverse Osmosis water treatment facilities. Plant wide Emergency Warning Systems. Co-generation to 50MW. Remediation and ground water cleanup. Refrigeration compressor controls. 3. Clientele: Our clients include State of Florida, Water Management Districts, Counties, Cities, School Boards, Phosphate Mining and Chemicals, Sugar Mills, Citrus Processing, and Food Processing. Our turnkey systems offer single point of responsibility. We assume all responsibility for the project, any problems - you know whom to call. A listing of our major clients over the past few years follow: South Florida Water Management District - Water Management SCADA system Seminole County - Water and Waste Water SCADA System City of Orlando - Water and Waste Water System Lee County - Water and Waste Water SCADA System. City of Kissimmee - Water and Waste Water SCADA System. City of Coconut Creek - Waste Water SCADA System. Volusia County Schools - Security SCADA System. IMC/Agrico Corporation - Phosphate Chemicals, and Mining SCADA and Programmable Controls. Tropicana Foods - Citrus Processing Programmable Controls. Citrus World Inc. - Citrus Processing Programmable Controls. Florida Crystals Inc. - Sugar Processing Programmable Controls. CF Industries, Inc. - Phosphate Chemicals and Mining SCADA and Programmable Controls. www.dcreng.com @ M OSCAD TII MOTOROLA ...-----.-. D CR EnglnfHIring - SlIme.., lilt:. Page6of 11 Collier Co Tech Prop 10-24-03.doc October 23. 2003 1-6 C 5 4. General Staff Overview: Our Engineering Services Group has over 40 engineers, designers, programmers, technicians, and CAD operators. We have four Registered Professional Engineers on staff, and we are licensed to practice engineering in the states of Florida, Pennsylvania, North Carolina, and Georgia. Our technical staff consists of 11 degreed engineers, 12 Control system specialists, 10 plus technicians and support personnel. Detailed resumes are available on request. Our Staff includes: Todd Bredbenner, P.E. BSEE, Eng. Manager Kevin Mathes, Engineering Group Manager V. Guy Morris, P.E, BSEE, Power Systems Mgr. Brian Thorniley, BSEE. MSEE, Engineer 1 Wayne Wright BSME, Sr. Controls Engineer Don Cuervo, P.E. BSChEE, Sr. Process Engineer Thomas Gillen, Ph.D.ME, Sr. Engineer Frank Pirillo, P.E. BSCE, Sr, Structural Engineer Mike Taylor, Sr. Programmer John Benton, SCADA Systems Manager Allan Humphrey, Instrumentation Manager Ben White, Instrumentation Technician Larry McNeil, Technical Support Manager www.dcreng.com @ M 0 SeA D TM MOTOROLA . ~_.__.~.._----' OCR ElII/lnlHlrlng - IIIIrvlc.., Inc. Page 7 of 11 Collier Co Tech Prop 10-24-03.doc October 23, 2003 16C5 5. Key Personnel Resume Summaries: 5.1. Todd Bredbenner, P.E. BSEE - Vice-President and Engineering Manager: Graduated from University of Pittsburgh, BSEE in 1973. He has been involved with municipal water and wastewater, industrial, and environmental computer control systems for over 25 years. Work experience included Agrico Chemicals, Instrumentation Maintenance Supervisor (1 year), Jacobs Engineering, Electrical Engineer (3 years), IMC Agrico Mining, Electrical Engineer (4 years), HCE Engineering, Engineering Manager (9 years), SE Technologies, Chief Electrical and Instrumentation Engineer (2 years), and OCR Engineering, VP (10 years), Technical Experience includes advanced process controls, computer control applications, MOSCAD hardware and software application, Programmable Controller hardware and software application, Operator Interface Hardware and software application, and Electrical Protective Relaying application. Mr. Bredbenner is the Vice-President of DCR Engineering Services, Inc. and is responsible for all DCR Engineering operations. 5.2. Kevin Mathes - Engineering Group Manager - Mr. Mathes is a Certified MOSCAD Programmer, Certified Allen-Bradley PLC5 Programmer, Certified Microsoft Network Administrator, and is a Master Electrician. Kevin has managed the design, installation, and programming of over 50 MOSCAD telemetry systems. He has extensive experience with Windows NT, Windows based graphical user interfaces, and PLC control systems. Additional certificates and training include, Wonderware, Intellution FIX, Windows 2000/NT/98/95, Controlview, and many more software applications. Kevin has been acting Engineering Manager at DCR since 1997. Current projects include: Polk County, Lee County and St. Johns County. 5.3. Tom Gillen, Ph.D. - Sr. Engineer, and C Programming Manager - Dr. Gillen received his Ph.D. in Nuclear Engineering from Penn State University where he specialized in the effects of radiation on solid-state devices. He is primarily responsible for the analysis, design, and implementation of sophisticated control networks. Dr. Gillen has over 13 years of experience in the application of diverse engineering and computer skills for the purpose of designing and analyzing a variety of engineering and scientific systems. These include the following: the design of Motorola MOSCAD control systems, control of palletizing and full pallet conveyor systems, implementation of a plant-wide power metering system, the design of a plant-wide emergency evacuation system, the development of a production line efficiency auditing system, technical studies of check valve applications and testing for use in the Westinghouse Advanced Nuclear Plant design, and implementation of an ASTM certified program for the irradiation of semiconductor components. Dr. Gillen will be responsible for custom programming. Current Projects include SFWMD, Tropicana, and support for various government entities. 5.4. John Benton ASET, SCADA Systems Manager: Mr. Benton has an AS degree in Electronics Technology from Tampa Tech and has been involved with the design and application of telemetry systems for over 15 years. John possesses in-depth knowledge of the Motorola Fixed Data product line. These skills are the result of specialized Motorola training, system and network design and "hands-on" system start-up experience. In addition, John is thoroughly proficient in software programming of all major SCADA interfaces, PLC's and Microsoft PC operating systems. He is also a Certified Allen-Bradley Strategic Provider and a Certified @ M OSCAD TU www.dcreng.com MOroAO<.A .' -.,.-----"" -",.,--' D CR Engln..rlng - s.rvk:.., Inc. Page B of 11 Collier Co Tech Prop 10-24-03.doc October 23, 2003 16C5 Advanced Intellution Programmer. Current projects include Seminole County, City of Kissimmee, City of Orlando and industrial accounts. 5.5. Mike Taylor, Sr. Programmer - Mr. Taylor is a Microsoft Certified Professional with extensive Windows NT networking experience. He has 10 years of experience as a network administrator particularly in relation to process control communications and data storage. Michael has over 15 years of experience with Motorola Radio Telemetry systems, and manages projects for telemetry based WaterlWastewater systems, security systems and phosphate mining systems. His software and system experience include Microsoft SOL Server, Visual Basic, MOSCAD Programming Toolbox, Wonderware, Intellution FIX, Windows NT/98/95, Networking, Allen- Bradley, and Modicon PLCs. Current projects include Lee County, and City of Cocoa. 5.6. Allan Humphrey, Instrumentation Manager - Allan has over 20 years of experience with a wide range of control systems and is responsible for all instrumentation installation and calibration at DCR. He has obtained an extensive amount of knowledge on instrumentation equipment, PLC's, and MMI's through training seminars and hands on experience. Allan has spent many years providing new project instrument system design and implementing preventive maintenance programs in commercial breweries, industrial facilities and water/wastewater plants. He has peñormed joint responsibilities as an instrument technician and team member on several of the above referenced projects. Allan gained a great deal of experience from Anheuser-Busch Inc. between the years of 1989 - 2000, where he started as an Electrical/Instrumentation Technician and then was promoted to the Electrical/Instrumentation Manager. 5.7. Ben White - Instrumentation Technician/SCADA Integrator - Mr. White has over 15 years of experience in instrumentation and control systems, Ben has a certification in electronic technology from the Middle Georgia Technical Institute. His experience is in all phases of instrumentation projects, including the design, installation, calibration and production phases. Ben's training and experience includes Allen-Bradley, Modicon, GE-Fanuc PLC's - Foxboro, Rosemount, Hach process and analytical instruments - Maple, Panelbuilder and Wonderware MMI's, just to mention a few. 5.8. Brian Thorniley, BSEE, MSEE - Sr. Engineer - Graduated from Christian Brothers University, BSEE in 1988. Involved with industrial and manufacturing PLC process control systems for over nine years. Work experience included Wagner Engineering, Electrical Engineer (2 years); Herkules Controls, Electronic Design Engineer (3 years); and DCR Engineering, Senior Electrical Engineer (4 years). Technical experience includes PLC programming and hardware design with Allen Bradley, GE, Modicon, and Motorola MOSCAD. Operator inteñace software design experience with Intellution, RS View, and Wonderware. Worked on hot stamping equipment, roll grinding machines, and process control projects at citrus and sugar refineries. Mr. Thorniley's duties include project management, PLC programming, and control system design. 5.9. Allen Wright, Sr. Programmer - Allen Wright is a Microsoft Certified Professional with extensive Windows NT networking experience. Mr. Wright has years of experience as a network @ M OSCAD no www.dcreng.com "O"""O<A ..._- - ...--' D CR EnglnHrlng - Sørvlcø., Inc. Page 9 of 11 Collier Co Tech Prop 10-24-03.doc October 23, 2003 16C5 administrator particularly in relation to process control communications and data storage. His specialty is wide area network distribution of process data to corporate offices and World Wide Web servers. His software and system experience include Microsoft SOL Server, Visual Basic, MOSCAD Programming Toolbox, Wonderware, Intellution FIX, Windows NT/98/95, Networking, Allen-Bradley, and Modicon PLC's. Current Projects include City of Kissimmee, and IMC Agrico. . 5.10. Bill Remington, Sr. Programmer - Mr. Remington is one of our lead technical resources for coordinating day-to-day PLC and SCADA programming with the project specifications. Bill attended Bradley University in Peoria, IL as part of his engineering training curriculum and has 25 years of accumulated knowledge on PLC's and HMI applications as well as leased line and wireless modem installations. The combination of his technical and people skills coupled with a relentless work ethic provide the tools necessary to minimize both system downtime and maintenance expense. Bill has successfully completed courses on all Allen-Bradley HMI and PLC equipment, Wonderware application software and various types of modem data transmission equipment. His work experiences also include applying appropriate software to 5.11.Larry McNeil - Technical Services Supervisor - Mr. McNeil is a Master Electrician with 22 years of electrical experience, who has 17 years of experience as a Project Superintendent. This experience has been in power generation, phosphate mining water/wastewater, citrus processing, manufacturing facilities and remediation facilities. He has been OCR's Technical Services Supervisor since April 1999. 6. Current Client References: OCR Engineering, Services Inc. has a current backlog of $1.2M in projects. Current clients include the Seminole County, Lee County, Vol usia County, Hillsborough County, City of Kissimmee, City of Winter Haven, IMC Agrico (phosphate chemicals), Cargill Fertilizer, Potash Corporation of Saskatchewan, and several other companies and governmental entities. Below is a list of several active projects: 6.1. Lee County Utilities - 220 MOSCAD RTUs on a countywide trunking system. System involves the monitoring and control of water, wastewater, and environmental stations within Lee County. Control Modicon, GE, Omron and Siemens PLC control systems. Total value of this system is over $1,900,000. OCR has a work order based contract with the county and adds 20+ RTUs per year. Contact: Mr. Doug Meyer, Utilities Director, 239-936-0247 ext. 243. 6.2. Seminole County - 250+ MOSCAD RTUs on a countywide trunking system. System controls and monitors water, wastewater, and environmental pumping stations. Multiple MCPT Gateways have been installed for network communication. OCR has a 5-year work order based contract with Seminole county. Total value of this system exceeds $3.5M, and includes MOSCAD control of several water treatment plants. Contact: Mr. Tom Owens, Utilities Manager, 407-665-2721. 6.3. City of Kissimmee - 110 MOSCAD RTUs on the Osceola county trunking system. This system involves water and wastewater control and monitoring. OCR has an annual maintenance contract with the City. Total value of this system exceeds $2M. Contact: Mrs. Marie Rios, Network Manager 407-518-2197. www.dcreng.com @ M 0 SeA D ," "0""""'" D CR EnglnHrlng - tlørvl~, Inc. Page 10 of 11 Collier Co Tech Prop 10-24-03.doc October 23. 2003 16C5 6.4. City of Orlando - 170+ MOSCAD RTUs covering the City's water and wastewater system. Total installed value exceeds $1 M. Contact: Mr. Leo Dixon, Instrument Supervisor 407-246-2666. 6.5. St. Johns County - 60+ RTUs - this system involves water and wastewater control and monitoring. Total value of this system exceeds $800,000. Contact Neal Shinkre, P.E., Utility Engineer, 904-471-2161 ext. 35. 7. Former Client References: In the past five years OCR has provided over $10M in MOSCAD systems to Florida governmental entities, and corporations. OCR has a list of many former clients that are repeat customers. As per your RFP request, below is a list of six previous clients. 7.1. Potash Corporation of Saskatchewan, White Springs, FL - phosphate mining operation, - 60 MOSCAD RTUs to control pump stations and monitor environmental stations in a phosphate mining operation. System completed in April, 2001. Total cost exceeded $650K. Contact: Jerry Ogburn, Sr. Electrical Engineer, 386-792-6230. 7.2. Seminole County - Heathrow Water Treatment Expansion - MOSCAD RTUs are being used for plant process control, and well field SCADA. Total value of this system exceeds $500K, and includes monitoring and control of 7 deep wells, and 6MGD water plant. MCPT Gateways were used for network communication. System completed July, 2001. Contact: Mr. Tom Owens, Utilities Manager, 407-665-2721. 7.3. City of Hialeah, Florida - 82 MOSCAD RTUs monitoring sewage lift stations. System completed in March, 2001. Total cost of the system was in excess of $500K. Contact: Jeovanny Rodriguez, Pump Station Operation Supervisor, 305-556-3800 ext. 577. 7.4. Vol usia County School Board, Deland, FL - 100+ MOSCAD RTUs monitoring school security systems. System reports security breaches to the Deland Operations Center. System completed in April, 2000. Total installed cost exceeds $700K. Contact: Donald Burton, Security Supervisor, 386-943-7626. 7.5. City of Coconut Creek, Florida - 50 RTUs installed to control sewage lift stations. Total cost of this system was approximately $500K. System completed in June, 1999. Contact: Fareed Mohammed, Utilities Supervisor, 954-973-6782. 7.6. City of Bradenton, Florida - 50 RTUs installed to control sewage lift stations. System completed in December, 1999. Total cost of this system was over $350K. Contact: Dennis Bussell, Utilities Director, 941-708-6330. 7.7. ¡MC Phosphate, Bartow, FL. - 300+ RTUs installed to control pump stations in a phosphate mining operation that spans 4 counties in central Florida. OCR provides ongoing software support for the system. Several MCPT Gateways were commissioned for network and wide area communication. System completed in April, 1999. Total cost exceeded $2M. Contact: Mr. Rick Grove, Sr. Project Engineer 863-428-2610. 7.8. CF Industries Inc. - phosphate mining operation, Bartow, FL - 60 MOSCAD RTUs to control pump stations in a phosphate mining operation. System completed in April, 1999. Total cost exceeded $750K. Contact: Henry Lilly, Sr. Electrical Engineer, 863-375-4321 ext. 352. 7.9. Warranties: We offer a lifetime software warranty and 2-year hardware warranty. A copy of our software warranty is available upon request. General terms of our warranty are: www.dcreng.com @ M OSCAD TII ..ora"OL" " "-----"- D CR EnglnlHlrlng - Service., Inc. Page 11 of 11 Collier Co Tech Prop 10-24-03.doc October 23, 2003 16C5 All software developed by OCR will be warranted to perform as specified for the life of the application. This software warranty is not valid if the software is modified by un-authorized parties, or installed on non-OCR supported equipment. All third party software provided by OCR from other vendors will be licensed in the County's name, and applicable warranties transferred to the County. OCR will repair, replace, or re- install defective third party software for a period of two years after acceptance at no cost to the County. All Motorola hardware supplied will have a warranty period equal to two years from acceptance. During this period, OCR will repair or replace all defective Motorola equipment at no cost to the County. The only exclusions from coverage are common sense items such as abuse, vandalism, improper installation by non-OCR employees, and acts of God (fire, flood etc.) excluding lightning. Lightning and surge damage will be treated as a standard RTU failure and are covered in this warranty. Other Non-Motorola equipment will have a warranty period equal to the greater of two years from acceptance, or the Manufacturers warranty period. During the first two years after acceptance, OCR will replace all defective third party equipment at no cost to the County. All engineering, design, and workmanship services will be warranted for a period of two years from date of acceptance, except that OCR will correct faulty design and engineering for the life of the project if such errors are brought to its attention. During the first two years, if engineering, design, and workmanship errors are brought to OCR's attention, OCR will make corrections to all OCR supplied components at no charge to the County. 8. Corporate: Although some may not feel that a financially solid company with long-term roots offers value, we do. We are a company that has been in business for over 20 years and we represent a product from a company that has been in business since World War I. We will be here to support you in the future, and we value our business relationships. Considering the financial straights of some companies, we feel we offer a major value to the County. DCR Engineering, Inc. originated as a support group for Dale C. Rossman, Inc. in 1983, and was spun off as a sister company in 1995. In total DCR Engineering has been involved with the MOSCAD product line since 1994, installing the first unit at IMC Agrico's Noralyn phosphate mine in Bartow Florida. Between 1994 and the present, DCR has installed over 2500 MOSCAD RTUs in the State of Florida. www.dcreng.com @ M 0 SeA D 1M ........-.,A - ._.--.. -----. ".....,...---. .. -.......... -......- ,...-,...-- .....,,-...- ra ee co lee CDun y 040802 doc Effective October 1, 2003 - October 31 f 2004 P.O. Box 935 502 County Road 640 Mulberry, Florida Telephone Fax ." D.' c. . R. Engineering Services, Inc. Collier CountY Service Rates 5 Classification Clerk CAD Operator Electrician Panel Shop Techniician Telemetry Technician RATE $ 25.96 $ 46.98 $ 55.63 $ 61.81 $ 67.99 Classification Senior Designer Senior Telemetry Tech. Project Engineer Programmer Senior Engineer RATE $ 76.36 $ 81.63 $ 89.53 $ 98.75 $118.49 Technical Services Expedite Fee: 1. Priority One Work (Emergency call outs, Service dispatched within 4 hours of notification): All call outs during non-business hours shall be billed at a four (4) hour minimum fee at the rate of time and one- half, or double time on Sundays or holidays. 2. Priority Two Work (Service work to be provided within sixteen (16) business hours of notification): All service work to be performed within 16 business hours (two business days) of notification will have a 1.25 multiplier applied to the above rate schedule. 3. Telephone Technical Support: Telephone support will be billed at a one (1) hour minimum fee during normal business hours, or a two (2) hour minimum fee during non-business hours. All fees will be in accordance with the above rate schedule. Expenses: Travel Air: cost (pre-authorized only) Lodging/Meal expenses $80/per day lodging, 21/day food Travel Per Mile/Service Vehicle .35 mile Travel Per Mile/Non-Service Vehicle .29 mile All expenses will be assessed a 5% administrative handling fee. Rates Include: payroll taxes, insurance fringes, legal benefits, portable computers, Motorola maintenance software, test equipment under $1,000, and small tools under $500. Work performed in excess of the standard workday (Monday through Friday) shall be at the rate of time and one-half. Work performed on Saturday shall be at the rate of time and one-half. All work performed on Sundays and Holidays shall be double time. Normal business hours are 8:00 AM to 4:30 PM Monday through Friday, All material and subcontracts will be billed at cost plus 17% or a 1.17 multiplier Florida State sales tax, and 1.75% freight allowance. Freight charges for expedited shipping (such as Federal Express) will be billed as a subcontracted service. All rates include standard tools and test equipment required for the classified individual to perform their service. Tools of a "specialty" nature will be purchased as per material above and be delivered to the client, or rented by OCR for the required service. Equipment rental rates will be considered the same as material purchases above. Payment terms will be in accordance with Florida's prompt payment statutes 218.74. Motorola EQuipment: will be billed at the current Motorola list price multiplied by .950 plus 1.75% freight, and applicable Florida State sales tax. Labor Escalation: Labor rates will be evaluated every 12 months. Maximum 12 month increase will be the lowest of either 4.5% or the normalized US CPI increase for the applicable period, but not less than 0%. Basis of this computation will be the latest index as available from the US Bureau of Labor and Statistics, index titled "U.S. All items, 1982- 84=100", available at, www.bls.qov/cpi/. The current index level for the above rates is 177.8. @ ftIIOTOIIOLA SCADA VAR IIJ12Y2lHI1 Collier County RFP#O4-3536 Statement of Experience and Qualifications October 22, 2003 The below named personnel certify Ihat they have read the resume data submitted for 1 Collier County RFP#04-3536, and that all data and representations of their abilities, education, training, qualifications, and project experience is true and factual. The proposed projectteam for' . ludes: Todd Bredbenner, PE, Tom Gíllen, Ph.D., Mr. Kevin Mathes, M ohn Benton, Mr. Mike Taylor, and Mr. Allan Humphrey. Todd Bredbennek--i ~ ,~ ~' 6C5 Signed and sworn before, me on October 22, 2003, Clar ~" """""'. '~~~loþJ, #mr:¥.mlY (J , 'i, ' :: ."~ WVúlHC ':"§íäte of Florida t 'I l I' , .:1 "I ~. . . . ~MvCon1rniBJnc""""" Feb22 2007 . I I _..~. . ,,' "'^t-""", --,,[Þ.../U- l{. L.t:.-rC-I't..e...tf:C/ ~.:~ ,,"~.<:' Comml$Slon /; DDI 2' "".. By NatIonal Notary Assn. Tom Gíllen, Ph.D. ., """-""'-"-'-~ "'~~~"':"" CLARE M, CONNELL Signed and sworn before me on October 22, 2003, Clare: .':^ \(*9tarf,!¡PfitbtJs>liSfafe of F"orida {' {" :. . . . :M,rCommissionc"""esFeb22 2007 ) ...'. I ',:' '--:-. . ,.:¡ . '"^t-'" . L¿tLL¿ -/L (. /¿t)o,(/'L(y,é:t(:..- '-'::f..9Ff,\rf.~'<: Commission /; DD17BO32 - 0 ~- Kevin Mathes ~ ~---; -,' -- . -- - - - - - . '" - ';I"'- --. ..... ..... Signed and sworn before, me on October 22, 2003, Clare,' '~!¥' Nofi#tRA11bJl'Or5JNElLY t,'! ,:,' "" " (",.":", " """, ",' , t,~:Æ~.,,\NOla;yP"Ubllc,slateotFlorida I ¡:.I~/L' (/l.lt'. 1....,( " . ,J//, ' %.",,'. :;jM,rCommissionExp-esFeb22.2007 ..- c... \.-' ", ,C: '). t:t. " ; c.¿ ".- ',Y, ~,' Co 32 . / "."""", Bonded By Nallonal N Mike Taylor Signed and sw rn before me on October 22, 2003, Clare Co é' (;' ) ¡' ¡ 'I . ./U{t, ceLt... .!'-JC.l(i!.i.',l:c, I l Signed and sworn before me on October 22, 2003, Clare (/.tc " clll i (1[_,)( iLL John Benton Allen Humphrey Signed and sworn before me on October 22, 2003, Clare {}-t'J'-¡,¿4Lt'/é'é' , t i "...."..-.,. ,m'" ---- 16C5 OCR Engineering owns all necessary equipment to perform seNices and maintenance on modern radio telemetry systems. We own all of the equipment as referenced in the RFP, or have equivalent or superior in function equipment for testing radio telemetry equipment - except as noted below. All of our seNice technicians have the necessary training to fully operate all necessary test equipment as required to seNice typical modern telemetry systems. Collier County RFP #04-3536 Statement of Test and Service Equipment Experience October 22, 2003 We do not have a polysonics calibrator. If we are selected we will either purchase or rent this item as required to perform the required seNice. I attest that the above statements are true and accurate and represent OCR Engineerin ' . equipment resources. Todd Bredbenner, PE, Vice President Signed and Sworn before me: {!£t?tL¿ ctl{. 1l6"''C¡Li't~L .I ¡ ""~~~,,~::,,, CLARE M. CONNElLY .,oew"(,, N t !*"~ /\ 0 ary Public. State of Florida \~ . . ¥M{ComrnIsIsi:nEJcpesF«>22,2007 V'IO ~'ffl Commission II 00178032 '",fJFf~,,"," """",' Bonded By Naltonal Notary Assn. ""'III-"UIIHII I.UUIIIY rurCnUln¡ 941 132 0844 T-490 p.ooe/ooe F-TTT RFP No. 04-3536 -Annual ContJëlct for Instrumentation, Controls, Telemetry and SCADA Integration Service5 Page 25 Addendum #1 COST PROPOSAL Service Cost Per Hour Technician Program merllntegrator $ $ 16C5 hour *Please see hour attac;hed Rate Sheet Point of Origin of Technician Mulberry, FL Point of Origin of Programmer/Integrator Riverview, FL List of proposed technicians, programmers and other personnel with resumes and references attached? Œ] yes Dno References attached? [XJ yes 0 no EMERGENCY & ON-CALL WORK Contractor is asked to provide willingness to respond to emergency and on-call service requests as defined on page 4 of this RFP. Emergency Service Requests? ŒJ yes 0 no *6 hr response time On-call Service Requests? [XJ yes 0 no *6 hr response time A "yes" response to either of the above assumes full willingness to: 1) Meet timely response 2) Be available to respond to such calls 24 hours a day, 365 days a year 3) Maintain updated and accurate on-call list as delineated in the Emergency Work section of this RFP, pages 4 and 5. Should the successful respondent who has been awarded contract and who has also, in this RFP I indicated this willingness, subsequently fail to meet these terms, the county reserves the right to contract substitute services in accordance with the Substitute Performance section as described on Page 7 of this RFP. --..-.-.-..-..--.-..--.-.-----.- D CR Engineering Services, Inc. P.O. Box 935 502 County Road 640 East Mulberry, Florida 33860 Telephone 863.4288080 Fax 863.428.8036 rate sneet collier county 040802 doc Collier County Service Rates Effective October 1, 2003 - October 31, 2004 Classification Clerk CAD Operator Electrician Panel Shop Techniician Telemetry Technician RATE $ 25.96 ; $ 46.98 $ 55.63 $ 61.81 $ 67.99 Classification Senior Designer Sen ¡or Telemetry Tech. Project Engineer Programmer Senior Engineer RATE $ 76.36 $ 81.63 $ 89.53 $ 98.75 $118.49 16C5 Technical Services Expedite Fee: 1. Priority One Work (Emergency call outs, Service dispatched within 4 hours of notification): All call outs during non-business hours shall be billed at a four (4) hour minimum fee at the rate of time and one- half, or double time on Sundays or holidays. 2. Priority Two Work (Service work to be provided within sixteen (16) business hours of notification): All service work to be performed within 16 business hours (two business days) of notification will have a 1 .25 multiplier applied to the above rate schedule. 3. Telephone Technical Support: Telephone support will be billed at a one (1) hour minimum fee during normal business hours, or a two (2) hour minimum fee during non-business hours. All fees will be in accordance with the above rate schedule. Expenses: Travel Air: cost (pre-authorized only) Lodging/Meal expenses $80/per day lodging, 21 /day food Travel Per Mile/Service Vehicle .35 mile Travel Per Mile/Non-Service Vehicle .29 mile All expenses will be assessed a 5% administrative handling fee. Rates Include: payroll taxes, insurance fringes, legal benefits, portable computers, Motorola maintenance software, test equipment under $1 ,000, and small tools under $500. Work performed in excess of the standard workday (Monday through Friday) shall be at the rate of time and one-half. Work performed on Saturday shall be at the rate of time and one-half. All work performed on Sundays and Holidays shall be double time. Normal business hours are 8:00 AM to 4:30 PM Monday through Friday. All material and subcontracts will be billed at cost plus 17% or a 1.17 multiplier Florida State sales tax, and 1.75% freight allowance. Freight charges for expedited shipping (such as Federal Express) will be billed as a subcontracted service. All rates include standard tools and test equipment required for the classified individual to perform their service. Tools of a "specialty" nature will be purchased as per material above and be delivered to the client, or rented by OCR for the required service. Equipment rental rates will be considered the same as material purchases above. Payment terms will be in accordance with Florida's prompt payment statutes 218.74. Motorola Eauipment: will be billed at the current Motorola list price multiplied by .950 plus 1.75% freight, and applicable Florida State sales tax. Labor Escalation: Labor rates will be evaluated every 12 months. Maximum 12 month increase will be the lowest of either 4.5% or the normalized US CPI increase for the applicable period, but not less than 0%. Basis of this computation will be the latest index as available from the US Bureau of Labor and Statistics, index titled "U.s. All items, 1982- 84=100", available at, www.bls.qov/cpil. The current index level for the above rates is 177.8 @ MOTOROLA SCADA VAR 10/2212003 --'-'-""-"--'--'- ....--..----.----- .. RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 20 16C5 PROPOSERS QUALIFICATION FORM Firm Name: Address: City: Telephone: FAX#: DCR Engineering Services, Inc. p.O. Box 935 (502 C.R. 640 E.) Mulberry (863 ) 428.8080 (863 ) 428.8036 State FL Zip 33860 Type of Work: Instrumentation, Controls, Telemetry, SCADA Integration Type of Firm: x CorporationlYears in Business: PartnershiplYears in Business: Sole ProprietorshiplYears in Business: 17 yrs Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed Dale C. Rossman Todd B. Bredbenner Ronald E. Jordan Owner Vice President Chief Financial Officer 20 20 30 Number of Personnel in Organization: Shop: 2 Field: 8 Administrative: 3 Professional: 15 Office: 12 References: Bank(s) Maintaining Account(s): Community National Bank - Mr. Cameron Brock 1375 N. Broadway Avenue, Bartow, FL 33840 863.533.0475 Fax 863.534.3819 cC_-.CC RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Other References: Hughes Elec tric Supply P.O. Box 89067, Tampa, FL 33689 800.875.3433 Fax 813.628.0979 Page 21 16C5 RF~ No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 22 PROPOSERS QUALIFICATION FORM (Continued) 1-6C 5 Representative Contracts Completed During the Last Five Years: Year/Project Agency Contact Person 04-01 Potash Corp. 07-01 Seminole County 12-99 City of Bradenton 04-99 TMC Phosphate *Please see page 10 of Detailed Technical Proposal List Major Work Presently Under Contract: Jerry Ogburn Tom Owens Dennis Bussell Rick Grove % Completed Agency Contact Person 1 year contract Lee County Utilities 5 year contract Seminole County 1 year contract City of Kissimmee 10 year contract St. Johns County Please see page 90f Detailed Technical Proposal List Current Projects for Which Your Firm is Candidate for Award: Doug Meyer Tom Owens Marie Rios Neal Shinkre. P.E. City of Tampa - Pumping Stations Field Radio Telemetry System Leon County - Capital Area Flood Warning Network Lee County - Airport Hall Road Seminole County - Flow Meter Replacement Have you, at any time, failed to complete a project? 0 yes ŒI no Are there any judgments, claims or suits pending or outstanding by or aQainst you? 0 yes []] no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: N/A ---"-" RF-? No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 23 PROPOSERS QUALIFICATION FORM (Continued) 16C5 Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, . the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. By: Todd B. Bredben Name of Organization: DCR Engineering Title: Vice President Title: Clare M. Connelly (J/J&£-~. ~/~ Administrative Assistant Attested By: Date: 10/22/2003 RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 26 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department 16C5 PROPOSERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples. Florida 34112 10. The mailing envelope must be sealed and marked with: . RFP Number; RFP Title; Opening Date . . 11. The RFP will be mailed or delivered in time to be received no later than the specifiedopeninQ date and time. ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. DCR Engineering Services, Inc. Company Name ~l¡~li IlL -----' Signature ~ Title Todd B. Bredbenner, Vice .President 10/22/2003 Date RFP. No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 27 Declaration Statement FROM: DCR Engineering Services, Inc. 16C5 Mulberry, FL DATE DUE: October 24,2003 cw. 3:00 PM Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO. 04-3536 - "Annual Contract for Telemetry Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #04-3536 as issued by Collier County on September 23, 2003. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. 'N WITNESS WHEREOF, WE have hereunto subscribed our names on this 23rd day October County of Polk , in the State of ...!!:-. , 2003 in the DCR Engineering Services, Inc. Firm's Complete Legal Name Check one of the following: 0 ŒJ 0 0 Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership Phone No. 863.428.8080 FAX No. 863.428.8036 P.O. Box 935 (502 C.R. 640 E.) Address Mulberry, FL City, State, Zip 33860 ~ ritten Signature Todd B. Bredbenner, Vice President --..--...--... RRP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 30 Volume of Work Previously Awarded to Firm (Tie-breaker) 16C5 In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the proposer, subject to verification at the County's option. See below. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. Once the final ranking has been compiled, the Selection committee will choose the short listed firms based on consensus, and not necessarily by the final ranking order of the firms. Fees List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $ ø Total Fees for work done on all Collier County projects D~2003 ~ l . Signed: 1 Atv{ ~ Title: Todd B. Bredbenner, Vice President _.._~,. "-"'.-""'" n." ...-,........---.----- RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 31 16C5 Qualifications and Credentials of Bidder & Staff Survey Many different skill sets and areas of expertise are being solicited within the framework of this RFP. In order to better ascertain the specific qualifications of each proposer, we solicit your responses and descriptions of service offerings. If a specific skill set is not met or proposer does not otherwise offer services as listed and described, then proposer should indicate so and explain if deemed necessary. "No" responses are not used as a basis for disqualification, as the County realizes that these many different skill sets are and service sectors vary with each company/entity. Personnel Certifications and Designations Electrician(s) on Staff? ŒJ yes D no Indicate name, office/field location of designee, type (Journeyman, Master, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable Professional engineer(s) on Staff? ŒJ yes D no Indicate name, office/field location of designee, type (PE or EI), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Radio Frequency Certifications of Staffmember(s)? Dyes lKJ no Indicate name, office/field location of designee, type, and license number within the body of submitted proposal; attach copies of license(s) if applicable. Network Certified Staffmember(s)? I!] yes D no Indicate name, office/field location of designee, type (MCSE, MCSP, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Proposer's Technical Capabilities General Instrumentation Maintenance/Troubleshooting Capabilities? ŒJ yes D no Within the body of submitted proposal, indicate knowledge/familiarity/certification in configuration, calibration and system integration of various instruments, including (but not limited to) devices to control/monitor flow, level and pressure. Submittal shall further describe knowledge of subject instruments by make and models, technology type, and any special calibration techniques and/or equipment (such as Hart protocol or Rosemount Smart interface) that the proposer utilizes to service these instruments. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. Radio/Comm u n ications Diag nostics/Maintenance/Trou bleshooti ng Capabi I ities? Dyes [i] no Within the body of submitted proposal, indicate knowledge/familiarity/certification in the implementation, diagnostics and maintenance of radio frequency and other communications media. Submittal shall further describe knowledge of communication technologies (such as radios, modems, and fiber equipment) by make and models, plus diagnostic equipment (such as RF wattmeters, spectrum analyzers, and frequency counters) that the proposer utilizes to service the communications technologies. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. PLC Programming Capabilities? ŒJ yes D no Indicate PLC ladder logic/other programming knowledge/familiarity, by make and models, within the body of submitted proposal; attach verification of programming training levels/designations/certifications as recognized by manufacturers or other industry recognitions, if applicable. VFD Programming and Configuration Capabilities? ŒJ yes D no Indicate VFD configuration and service authorizations, plus any other knowledge/familiarity, by make and models, within the body of submitted proposal; attach service authorizations or training levels/designations/certifications as recognized by manufacturers, if applicable. HMI/SCADA Programming Capabilities? ŒJ yes D no Indicate SCADA software programming and screen generation knowledge/familiarity, by make and models, within the body of submitted proposal RFP.No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services . Control Panel Fabrication UL-50BA Approved Panel Manufacturer? -,----~_.__.__.----- __._d_- . Page 32 [K] yes Dno 16C5 _Ud ---------.-.U'-"- Oc t-14-03 07:28 From-Coil iar County Purchasin¡ 941 732 0844 T-490 PO01/00e F-777 3301 E. Tamiami Trail Naples FL 341'2 Phone; 239.774-8967 Fax: 239-732-0844 Collier County Purchasing Dept. Fax 16C5 To: All Plan Holder's From: Sue Fax: Date: October 14, 2003 Phone: Pages: Seven (7) plus cover Re: cc: 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle . Comments: RFP #ß4.3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" addendum #1. TOdd~edbenner, Vice President --.---...-.-......---. Oct-14-03 07:28 From-Coil iar County Purchasin¡ 941 732 0844 . ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVlCES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 782-2667 FAX (239) '732-0844 T-490 P.002/008 F-777 C'5 http://co.collier.fl.us ADDENDUM DATE: October 14, 2003 FROM: Interested Bidders 0;) Lyn M. Wood, C.P.M- Purchasing Agent TO: SUBJECT: Addendum # 1 - RFP #04-3536- "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Addendum #1 covers the following changes for the referenced RFP: 1. Instrumentation Overview, Collier County Public Utilities is attached. 2. Sign in sheets from mandatory pre-proposal held on October 9, 2003 are attached. 3. Expenses (mileage, etc.) shall be paid per Flqrida Statute 112.061. 4. Contracts for this RFP will be in the form of work orders and purchase orders. 5. Replace page 4 in the bid package with the enclosed page 4. Replace: the Contract Proposal page 25 from the original packet with the attached revised Proposal Page. Proposers must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Dennis McGee, Public Utilities Engineering Department at 239/530-5347 or me at 2391732-26670r bye-mail at L vnWood@collieraov.net. cc: Dennis McGee, PUED --.--......- .._------,.. Dc t-14-03 07:28 From-Coil jar County Purchasjn¡ 941 732 0844 T-490 P.OO3/008 F-777 Auuenuuw ffJ. Instrumentation Overview, Collier County Public Utilities Telemetrv/SCADA Systems Wastewater 16C5 Collections: . Dataflow Teleme1Jjl, HyperSCADA Server, 217 &218 tvfi1z Radios (Dataflow) . --ó65 Lift Stations Total, -335 on telemetry - all Dataflow NCWRF . Allen-Bradley PLC.5's, Imellution if IX v.3.0, 1ìberlDH-tlEthemet comm's . 16 MGD Plant, currently being expanded to 24.1 MGD SCWRF . Allen-Bradley PLC-5's, Intellution iFIX v.3.0, fiber/DH+/Erhemet comm's . Expa{lsion to 16 MGD near complerlon Reuse . Allen.Bradley PLC's (mostly MicroLogix, some SLC-500), Intellution iFIX v.2.6, DataRadio Integra TR on 170 MHzI450 :M.H2: frequencies, ModBus protOcol Approx. 20 RTU's in system cUITently . Water Tamiami Telemetry: . Allen-Bradley PLC's (mostly MicroLogix, some SLC-500), Intellution iFlX v.2.6, DataRadio Integra TR on 450 MHz frequencies, ModBus protocol . 17 RTU's serving 32 Wellpoints + 1 Booster Pump Station . 2 SCADA nodes (primary control node is @ SCWTP) NCWfP . Siemens (formerly TI) 505 FtC's, lconics Genesis, fiber Profibus netWork . SCADA @ Plant serves site processes, RIO supply water from nearby wells . 12 MGD membrane-softening, 8 MOD RiO SCWTP . AlIen-Bradley ControlLogix (plant processes), MicroLogix (RIO Wells); IntellUtion!FIX v.J.O, comb. fiber/Ethemet communications . 12 MGD Jime.softening (existing), 8 MGD RIO (nearing c:omplerlon) . SCADA @ Plant serves site processes, RIO supply water ITom nearby weBs Telemetrv/SCADA Svstems - Water (ctd) Water Distribution . 6 SrationsIDistribution PointS served by 6 RTU's . MultitUde of controllers and I/O equipment; Allen-Bradley SLC.SOO & MicroLogi:x, Durec . Existing SCADA software is Iconics Genesis, with conversions andlor upgrades to supplant wiili new Intellution íFIX v.3.0 (SCADA servers located @ SCWTP) . Multimde of communications: DataRadio on 150 MHz; Esteem on 470 MHz; Dutec Packet Radio on 154 MHz; tWo on 900 MHz spread-spectrUm, one on modem (leased phone line) .,...--- ~-_... Qç H 4-03 07:29 From-Coil ier County Purçhasin¡ 941 732 0844 T-490 P.004/008 F-TT7 Addendum #1 Utilites System-wide Inventory of maior I&C Components 16C5 Level . Mercury float switch or roechanical acnmtor Bubblers: Digital ControlS, other misc. DP probes: Wika, Druck UltraSonic: MilltTonics Capacitance probes: Drexelbrook . . . . Flow . Propeller Meters; Water Specialties Magmeters: Krohne, lsco VentUri: Pratt, Rosemount, other misc. Ultrasonic: Polysonics, Milltronics, other misc. parshall- £lumeN -nO'tch/W eirJOpen-channe:1: (not listed) Orifice Plate: Rosenlount . . . . . Pressure . Pressure TraI1sminers: Rosemount, other misc. . Pressure Switches: ITT Neo-Dyn, Square D, other misc. VFD's . Allen-Bradley, Robicon, ABB, Cutler-Hammer PiC's Allen-Bradley, Siemens, DataFlow, Kayo . Oper<itor Interface Touchscreens . Allen-Bradley PanelView, DirectView EZ Touch Motor Operated Valves . Limitorque, Auma, EIM, Rotork -_._----_.._-_._~- .----.---.--...---- OcH4-03 07:29 From-Coil ¡elr County Purchasin¡ r:! \~ì~M'\1@¡g ~~~ --- ,...-~ ..... 00 .....x - --- "'--'" ---- ~ - -~ .......... -...- """.....,..---- pu~.C>OE!'_...r ~reJeIt.t 'lllQW -...... r"~(, ,,'1.'~LiI.~ I""'" ~lk S"("'-t)"'~ .:""""',.. .-- ,.,. ":"'-" f ' .J.J" ¡~.r.~. t~=~s..- ' .~f~~,L.- -..-, <: "",:::-r;,LoJIO~' ' .rJ(,~,!'fI,..t ..,~........) ...<!T~... :s:M(1~:Jt't ~..'" .- ,.r...!inof: õ",~.,,""""."7 ç;,..~= -r~ ^- ~~, 'I/, --,~",,"'-=---=-"-rnrti#.'- ....,,~~, lli::=?~ït J:-:' ~q~h -'.-:~~;J.~?,11 \ ~....., r....,.~-, d"" " .", . ,-iî I E;;¿M1= ~( - :<-: tL -" jJ~ ' ~ ~~f' I~- ~..._: "'. ,.' .. ~-~... ~, ="',c')<>o"- ~.-. ...~ ~'?:ø.~ '1~ \~1aÍ"."'JJ-' ~!>~!C,~t... (../> ~;.z~Çl'L,\¡öã,;7-'-"" '._:~~ ,,!~,(.,1'i<ï)_.J'oJ:.==-"'" _~.;œ;'" I .'" ~.!'L-=-~"~ """"'!1.I>CI~t ~ n.... ..- .E",II r."'- 1¡¡"",1.-..--, .,~'ì!)@IM~@[g ~1}{1~li' _tm'pc:;.~.un""." ""~D ".WI ._~/of_""""'" ,_...<;<'01)"""1"""'--- """œ'oo;_8.lO<~ !'II~~œ>.rr"'" tC1l1'1!..ht.-w ::""1"'1>1"'- ~"!.'....Ì.lv 11<....-. tilt S-/Aot"...S". o..¡"'" .-- ' c........,.. ø , "-1 I ~ t..(t":.< 'I.,". ',., ,j,:~~' . ~;o.f&!-cQ.~.i.--.- - "(~' _"",- t-:I'~rT:-......,..~r. '.;.Tr-;r~'_,., '.~""""",('" <: ~ .',., "lio' -" .-'1 L'1I' 3- '1"."" 1"- 7. T 'J i"T~..----' ~~-u-:r:"~'- ~.L"""" ' ...._,._T):!I!t\'.~.. , -.0<-«"" .0-' ~.~~......( I . . "¡o..¡."""",",, r -- :<VIII: -A,.." f-JJ--( .- c""'~.,..."",é;",.,{~'~' :;,¡¡¡¡;¡¡.-..",..B-<Y'¡ ~,. .. Iíd'I- ""'!II~"'.'-"'J.J'~~"" W.,¡~';;¿jj;œl)"V'irn ."",,- t", --_....J ,-- \ ""....;~ i ._Ii.~............ -- 1I" J--" -rP~~;;-'-"; ..::~ 1~ .. -:~-J¡'~_. . '.. "...- -- 941 732 0844 T-490 P,005/008 F-777 l\uoenUUIII,,1 16C5 Oc H 4-03 07:29 From-Coil jar County Purcha5jn¡ .,.- ð! J~l~~n€~ ~~-'1." ,...o.;IQõIY""i"QOIC"L ,,!:1)WO ......""...- .........Cofftt"",....._--_T_"'---- ,,"'...... -- - """","""",c_oCT"""""'DCII """" ~~-!...-:"'-.."...~~-_._,._._._.:'~' ..J..... I.-:!JoJ --::=J, '-'; . .c-,.":Or¡t, r. .. 1 ' , s.."'::~j~ """".-,,-.1..<.,.;.. ..._........¡¡¡;;¡-¡;¡¡'-"""~-:'~"" ..~ ~;'~~~,."..I{f" ._._1'%"""'" ?T ~~K'~"~"'~'" ;I{ ;;¡..,::rJ""'r\.i~,<'I""-~""~-~- 'fJ'<.!l.J". , M-""".~!J ~..-""'.' IT..~,""" , ",... -W-'-'" ~~~: ~-r:#r:.:;~~ ....~, -'.. I ~:..~~,J+~} ~~.: ;~-::f":' ,~ !~ ~œ[iM'.\!ìffà] d:š1J -QII't ............."""IICr;nt(C _1oC.~"oII ........_..._..._"_""'~--' """",OIO-.~ 'u"""'IIo.~o:o:r",""","::~"""""C'a:ao ~ ~ tit. I" "." . _JAr '-'It". .-'--'~' ,.~-"" ~ r (',b..,-' ~ Ic",pooy: - --_.. ~rw...... ~",,}L.2 \~~""-' ,...'... .'.. -.. -':ï;:;.'J!!t'i(l 7J.I\;.1I"'" UJx..~.~ ~ _..----!'F. --. .,I!'~.J";~.:L.:::""-...--LI'\~--L.,.-.l.::... ,....-- ~..;._Icr.(~~.J.,:!~'T9' \~~Si~~ ' N.,.' \ - t"'~-""'-""-"'--"-" c:ø.,-., Öjjr.;"Io\óD' -...-'---'----- '1.1õ1¡O¡MoI;;¡;;õ"--"""---'-"" ~~';';" ,- -. I'~......_r . ,.i1;:.1i;,~" ~I',' 1111..., .("",¡o&(I: .......__.,~~O!¡ .--.-.- ~..-' - , d;~~~~..,.. ...,.~=,...~~.: ~....~.2"'" fl~.. . L"'., ~~, ." "". - ¡:r:~~' ., .--.---.... . '.."'-" 'I!.~~.--!.- ~l~...-.r j _..~.$.~"^ ..-.. .- -" -~out::!.1'~~.II!'.\1Hi!Im..-. ,-" ..._-~ \ ¡:: ~ ~-=--~ ~ -.,.--', ~ 941 732 0844 T-490 ,[ :' i i ! I I ! I ¡ , \ , I I \ , , \ , , , i \ ! : ) , I ¡ I 1 I P.006/008 "........~.....w..' .. . F- 777 16C5 .O~t~14-03 07:29 From-Coil jar County Purchasjn¡ 941 732 Oe44 T-490 RFP No. 04--3536 - Annual Contract for Instrumentation. Controls, Telemetry amJ :;jl,;AUA Intl;lglcHllJl1 ""'IV"""'" P.OO7/00e F- TT7 Addendum #1 , ~"'- . DESCRIPTION OF WORK The Board of County Commissioners is seeking the services of three (3) or ~oL C 5 I&C/telemetrylSCADA contractors or systems integrators 10 provide various repairs, serJ,;~V and neW installations. The selected Contractor(s) will be responsible for providing parts and labor for new installations and to repair/replace telemetry instrumentation and related equipment. îhe county reserves the right to bid any new installation job. No single job may exceed ~200.000. Jobs handled in this manner may be requested to be quoted as either lump I sum or time and materials. The County reserves the right to hold ten percent (10%) retain age on any job that exceeds one hundred thousand dollars ($100,000). Should any project that is active extend past the contract termination date, the contract shall be extended until completion of such project. This contract shall be available for use by all County departments. SCOPE OF WORK Repairs 01' Servìces: The Contractor shal1 follow all manufacturers' recommendations as required to install, maintain and/or replace equipment. After repairs are completed, it is the contractor's responsibility to contact the appropriate persons prior to leaving the job site to verify, and if possible, test any repairs that have been made. The County reserves the right to have a representative inspect ongoing work or repairs and provide instruction to contractor to meet the County's overall requirements. Response Tim~: Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on county recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. The Contractor shall supply the county with a telephone number for routine repairs/new installation Ememency Work: For purposes of clarification, an emergency call is defined as being of highest priority, with contractor response (on-site and effecting repair) within three (3) hours; on-call being of second highest priority (deemed critical but not such that it constitutes an emergency), with çontractor response within twenty-four (24) hours. Selection for emergency worK shall be determined by the availability of the selected contractor(s). Each selected Contractor(s) shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergenCY contact phone numbers. The contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. The Contractor is required to revise the on- RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 24 Collier County Florida Insurance Requirements 16C5 INSURANCE TYPE REQUIRED LIMITS x 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident x 2. Commercial General Liability Bodily Injury & Property DamaQe (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. $1,000,000 Single Limit Per Occurrence x 3. Indemnification: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and al losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by an of them. This section does not pertain to any incident arising from the sole negligence of Collier County. x 4. Automobile Liability $500,000 Each Occurrence Owned/N 0 n-owned/H ired Automobile Included 5. Other Insurance as indicated below: a) Professional Liability $ -0- b) Builder's Risk $ -0- .,---......--.."..,.- .. ..-- RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 25 Collier County Florida Insurance Requirements (Continued) 16C5 x 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. x 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. x 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 ~ 9. Thirty (30) Days Cancellation Notice is required. ~ 10. The Certificate must state the RFP Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of RFP. ~ineering Services, Inc. Proposer j. ~. Signa~f proposer Huckleberry, Sibley & Harvey Insurance Agency Please see attached Certificate Signature of Proposer's Agent .-----.. AèoRDN CERTIFICATE OF LIABILITY INSURANCE OP ID B DATE (MM/DDNYYY) DCREO01 10 22 03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T C TIt=, T HOLDER. THIS CERTIFICATE DOES NOT Þi. N X D ALTER THE COVERAGE AFFORDED BY TH P I I E PRODUCER ~uckleberry, sibley & Harvey Insurance & Bonds, Inc. 1020 N Orlando Ave, Suite 200 --"'itland FL 32751 one:407-647-16l6 DCR Engineering Services, Inc. Attn: Clare Connelly POBox 1021 Mulberry FL 33860 COVERAGES INSURER C; INSURER D; Continental Casualt Co Trans ortation Insurance Valle Forge Insurance Co NAIC# 09035 09165 INSURERS AFFORDING COVERAGE INSURED INSURER A; INSURER B; Am Cuualty Co ot Reading PA 01839 INSURER E; THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSRi POLICY NUMBER PD~1l~¡riMr¡fö'rWll: POLICY EXPL~_T.1,.~N LIMITS LTR TYPE OF INSURANCE DATE'(MM/DDfYY GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCIAL GENERAL LIABILITY L144207091 03/01/03 03/01/04 PREMìS'H YE~~~~r~nce) $ 50,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 Contract Liab as G~ BXTIINSION BNDORSBMENT PERSONAL & ADV INJURY $1,000,000 ~ per policy form GENERAL AGGREGATE $1,000,0_~ GEN'L AGGRE5flE LIMIT AP~I~t PER: PRODUCTS - COMP/OP AGG $1,000,000 n PRO- POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f---- $1,000,000 B ~ ANY AUTO L144214963 03/01/03 03/01/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) f---- ~ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY; AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 C ~ OCCUR 0 CLAIMS MADE L144207107 03/01/03 03/01/04 AGGREGATE $4,000,000 ._-~ Follow $ r==l DEDUCTIBLE Form EL $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X IT¡;WY:;~I~:-¥s I IUJ~- EMPLOYERS' LIABILITY D ANY PROPRIETORJPARTNERJEXECUTIVE WC249341678 01/01/03 01/01/04 EL. EACH ACCIDENT $ 500,000 OFFICERJMEMBER EXCLUDED? BLANKBT WAIVER SUBROGATIO E,L DISEASE - EA EMPLOYEE $ 500,000 ~~~Mis~;!fðvï~1õ~s below EL. DISEASE - POLICY LIMIT $500,000 OTHER A Leased/Rented Eqp. L144207091 03/01/03 03/01/04 Per Item $200,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Leased/Rented Equipment: Special Form/ACV/$5,OOO Deductible Applies RE: #RFP No. 04-3536 Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services As additional insured on general liability (not on w/c): Collier County Board of County Commissioners COLLCOU CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURERWILL:MœÐMOR:ID MAIL 30# DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, JDKXIiI~~~¡nIH~1.. 1I1IR.OIS1C:X IX ~ DIl HI D:m'X]{ ~:XI ~ 1!ISQ~1'!3J!: !!!Nt s: QIR{ ~ ORIZ EPRESENTA CERTIFICATE HOLDER Collier County Board Of County Commissioners 3301 East Tamiami Trail Naples FL 34112 @ACORD CORPORATION 1988 ACORD 25 (2001/08) AèoRD~ CERTIFICATE OF LIABILITY INSURANCE OP ID B DATE (MM/DDIYYYY) DCREO01 10 22 03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY TH 0 IE L PRODUCER Huckleberry, Sibley & Harvey Insurance & Bonds, Inc. 1020 N Orlando Ave, Suite 200 '...itland FL 32751 one:407-647-1616 DCR Engineering Services, Inc. Attn: Clare Connelly POBox 1021 Mulberry FL 33860 COVERAGES INSURER C: INSURER D: Am Casualty Co of Reading PA Continental Casualt Co Trans ortation Insurance Valley Forge Insurance Co :,. INSURERS AFFORDING COVERAGE INSURED INSURER A: INSURER B: 01839 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN:;K ~~~ POLICY NUMBER PD~i~1MM/DDJYŸ)- I Pgk'fEYfMM/DDNYI' LIMITS LTR TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCIAL GENERAL LIABILITY L144207091 03/01/03 03/01/04 UAMAut: IUKt:NIt:U $50,000 PREMISES (Ea occurence) I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 Contract Liab as GL BXTBNSION BNDORSBMENT PERSONAL & ADV INJURY $1,000,000 per policy form GENERAL AGGREGATE $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1,000,000 I [Xl PRO- n POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ $ 1,000,000 B X ANY AUTO L144214963 03/01/03 03/01/04 (Ea accident) 1------1 ALL OWNED AUTOS BODILY INJURY ---I $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 C ~ OCCUR 0 CLAIMS MADE L144207107 03/01/03 03/01/04 AGGREGATE $4,000,000 Follow $ tl DEDUCTIBLE Form EL $ X RETENTION $10 000 $ WORKERS COMPENSATION AND X ITORY LIMITS I IU.IH- EMPLOYERS' LIABILITY ER D ANY PROPRIETOR/PARTNER/EXECUTIVE WC249341678 01/01/03 01/01/04 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? BLANltBT WAIVBR ST1BROGATIO E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500 I 000 OTHER A Leased/Rented Eqp. L144207091 03/01/03 03/01/04 Per Item $200,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Leased/Rented Equipment: Special Form/ACV/$5,000 Deductible Applies RE: #RFP No. 04-3536 Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services As additional insured on general liability (not on w/c): Collier County Board of County Commissioners COLLCOU CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~ii;:1t> MAIL 30# DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, iIDf~~~~K }IMf'JI! ~XDIDII'R\XII!I[ ~ ~ 1C ~ iIItffiIi tiNC ~ ìÑ ~ ~SCH ~ J@i ~. ORIZ EPRESENTA CERTIFICATE HOLDER Collier County Board Of County Commissioners 3301 East Tamiami Trail Naples FL 34112 @ ACORD CORPORATION 1988 ACORD 25 (2001/08) Huckleberry, Sibley & Harvey Insurance & Bonds, Inc. 1020 N Orlando Ave, Suite 200 Maitland, FL 32751 Phone: 407-647-1616 Fax: Page 1 WC-S 01/01/2003 01/01/2004 DCR Engineering Services Inc. Clare Connelly POBox 1021 Mulberry, FL 33860 Enclosed please find the certificate you requested. I referenced the project/job name, the County being additional insured and the 30 days cancellation notice. We do sign off the bidders and insurance agent statement. That we leave up to you the bidder as you would have all the information concerning your subcontractors with their insurance limits and all. If you should have any questions, please give me a call. Qince:ttLy, . J!rJfìJ(ìlL .ftjjj;lìlJ Bonnie Robbins . ~~W1!~ FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State 16C5 April 21, 2003 DCR ENGINEERING SERVICES, INC. PO BOX 935 MULBERRY, FL 33860 SUBJECT: DCR ENGINEERING SERVICES, INC. DOCUMENT NUMBER: P95000052926 In compliance with the request on your 2003 Annual Report/Uniform Business Report, the certificate of status for the subject corporation is enclosed. Should you have any questions regarding this matter, please telephone (850) 488- 9000. Division of Corporations Division of Corporations - P.O. BOX 1500 - Tallahassee. Florida 32302 -------""---- ~tatt £~f "ffIott ' ~ (tf!;J! " , ': ~ ~~, " t u a Ilrpartmrnt of ~tatr I certify from the records of this office that DCR ENGINEERING SERVICES, INC. is a corporation organized under the laws of the State of Florida, filed on July 3, 1995 ,effective June 26, 1995. The document number of this corporation is P95000052926. I further certify that said corporation has paid all fees due this office through December 31, 2003, that its most recent annual report/uniform business report was filed on April 16, 2003, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty- first day of April, 2003 ~~ f. f/ðdÝ ~lenba (f. ~oob ~ecretaf!' of ~tate CR2EO22 (2-03) ---" lóC5 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS 2507 Callaway Rd. Suite 200 Tallahassee. FL 32303-5267 1~~I~.ll ~7&1 E3'(:-------------------- I OCR Engineering Services, Inc. PO Box 935 Mulberry, FL 33860 I L -.J DETACH HERE ~tatt 11£ ~l11riba Ißoar~ of Jrof£ssUnml Iiiugi1tt£rs ~daI OCR Engineering Services, Inc. JJ[ ~uda~Jl d/~nJ &/gu;/Øn -I7/.(J.1~!Fd~~, ~ #Jl ~~~veUJ ¡(, ~ fa/Ie dMllf'.I a fYJ~Ma/YBnF7tU}<, ~ ¡{umul ~ Clf.la}h -174; ~«h ~kJ. AUDIT NO.: 0305- 1 a 1 1 9 1 CERTIFICATE OF AUTHORIZATION NUMBER: 00008133 EXPIRATION: FEB 28, 200! DISPLAY AS REQUIRED BY LAW ------- ,--"-""--~- .... ... .._..--. , NITW .E218044 - Industrial Control Panels Page 1 of 1 [0. , NITW.E218044 Industrial Control Panels Page Bottom Qlle~tions? Industrial Control Panels Guide InfQxmatiQu DCR ENGINEERING SERVICES INC 502 COUNTY RD 640 E PO BOX 935 MULBERRY, FL 33860 USA E218044 Industrial control panels. Page Top UL Listed and Classified PrQduçts Notice of Disclaimer UL Recognized C Qmponcnts Questions? Products Certified for Canada This page and alJ contents are Copyright (þ 2003 by Underwriters Laboratories Inc.@ The appearance of a company's name or product in this database does not in itself assure that products so identified have been manufactured under UL's FolJow-Up Service. Only those products bearing the UL Mark should be considered to be Listed and covered under UL's Follow-Up Service. Always look for the Mark on the product. UL permits the reproduction of the material contained on UL's Website subject to the following conditions: 1. The Guide Information, Designs and/or Listings (files) must be presented in their entirety and in a non-misleading manner, without any manipulation of the data (or drawings). 2. The statement "Reprinted from the Online Certifications Directory with permission from Underwriters Laboratories Inc." must appear adjacent to the extracted material. In addition, the reprinted material must include a copyright notice in the following format: "Copyright (þ 2003 Underwriters Laboratories Inc.@" . -' ._n-- -, .~ ~-~--~..~~ ., ,~" 1. '" AlA I....AA"'I , --.,.---...--,----"" Œl~ i~....,oliJlr',~'J'Ì'U;¡;¡;""l , Ln~,L",¡¡"",,"""n.' ~t¡¡'f, DCR ENGINEERING SERVICES INC MR K MATHES 502 COUNTY RD 640 E PO BOX 935 MULBERRY FL 33860 RE: Project Number(s) - 01RS2864 ~!onhtyÜo~, Illinois' (B47) 272-8800 ~:i¿!vine, New York' (531) 271-13200 S>é),r,¡lg Clara, California' (405;85-2400 He;;f)ar1ria& Po. ~Ionh CR~a~9b9- C,mds, 'Nashíngton'l360) 817-5500 Your most recent Certification is shown below. You may also view this information, or a portion of this information (depending on the product category), on UL's Online Certifications Directory at www.u1.com/ database. Please review the text and contact the Conformity Assessment Services staff member who handled your project if revisions are required. For instructions on placing an order for this information in a 3 x 5-inch format, you may refer to the enclosed order form for UL Card Service. NITW Industrial Control Panels September 21, 2001 DCR ENGINEERING SERVICES INC 502 COUNTY RD 640 E PO BOX 935, MULBERRY FL 33860 Industrial control panels for general use- LOOK FOR LISTING MARK ON PRODUCT @ LISTED ENCLOSED INDUSTRIAL CONTROL PANEL NO: 88-226172 0 CR Eng~neering - ServIces Inc. Ftl. No: E218044 ' PO Box 935 502 County Road 640 East Mulberry. FL 33860 Phone: (863) 428-8080 Fax: (863) 428-8036 997935001 Page 1 of 1 E218044 A not-far-profit organization dedicated to public safety and committed to Qualitv service 16C5 ~tatt 11£ Jtfl11riùa Ißoarü of Jroftssimutl ~UBimtrs .sIíMì/J dol Todd Brent Bredbenner, PE Ii; d'ce?ûÙ'd oJ a [!}J~~¡JÚJ?la/YBn?Úlf¥!')' tt7lckJ' C@!¿;dI&J' -t 7J, .t!/Æ:~ 9k~. EXPIRATION: FEB 28, 2005 AUDIT NO.: 0305- 0 1 1 092 P.E. NUMBER: 23449 DISPLAY AS REQUIRED BY LAW --..-----------. . ..-- ..-.-----..--- 16C5 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS 2507 Callaway Rd, Suite 200 Tallahassee. FL 32303-5267 ,. ~.",~.',ç. t.'.-.-.<.U.!." \dŒI'~' 1'("8"1 I ,j ~ f C' J ., BY: ------- ------------- I OCR Engineering Services. Inc. PO Box 935 Mulberry, FL 33860 I L -1 DETACH HERE ~tate 11£ Jtfll1!iha IßnarÒ nf Jrnfcssimml ~nøt1ttCrS ~ d:u' OCR Engineering Services, Inc. a ~ vmkl' .d ~nJ ~gdØn .j 7/. {J.I~ ,!JTdnda 9J~, ¿, rlßl' ~~ J#~ ¿, .d ¡tallfc d~ u ØJ~~Jt£'1tu/yg,?e:na?" ~ø lfc~nJHI anrkl' ce;£~ .j 74; !#dnda 9k~. AUDIT NO.: 0305- 1 a 11 9 1 CERTIFICATE OF AUTHORIZATION NUMBER: 00008133 EXPIRATION: FEB 28, 200f DISPLAY AS REQUIRED BY LAW -----.-.'--- ------",,"'-"--- ACi 0450255 5T ATE OF FLORIDA DEPARTMENT OF BUSINESS I<ND PROFESSIONAL REGULATION. ~ i ELECTRI C¡U, CO~RACTO RS LI CENS ING BOARD SEQ#¡,02 060 700 H 3' The ELECTRICAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 ROSSMAN, DALE C DALE CROSSMAN INC 502 coUNTY ROAD 640 E PO BOX 1021 MULB~Y FL 33860 i ~B WSH KmBI~~EY-$Y~ 1 ,GO'.7ERNOR DISPLAY AS REQUIRED BY LAW SEC¡ŒTAP.'l i ~_..._------ ------- .... --.,. _.__._._----~---_.._-~ ¡ \ ! ,--' . (j' CJ \J1 -r -- - ;~.... 2003-2004 roO' COV"T~ OCCUP'TIO"AI, LICE"'" T,\X STATE (W FLÜRW'\ ORIGINAL LICENSE MUST BE OISPIA~ED IN '" CONSPICUOUS PL\CE SEATS EMPLOYEES AC~NL (\OCOOO022 EXP1sGbB~O. 20 04 :'IL\TIES )R AACHINES ROOMS SUPPLEMENTAL RENEWAL NEW LICENSE TRANSFER- ORIGINAL TAX 45.00 * -YPE OF \USiNESS 030 -Ie ENGINEERS AMOUNT PENALTY COLLECTION COsT TOTAL 45.0 ~US\NESS \DDRESS 502 E \-\W'f 640 MB - MULBERRY ~~~G DCR ENGINEERING Sf \DDRESS D ~ lEe R 0 S S 11'\ ~ N po BOX 935 ~ULBERR't fL IS tn:R£UY LlC£~Sfn -ro £NG.\.G£ IS Bl1SINl'.SS. PROI",;SIO'. OR ,",CD..TlO' SPlCC""') meR',O' JOE G. T E \) D.E R TAX COLLECTOR P A 11>.99/,Q510~t ~t~48t.000 1 45.00 .10E G. TEDDER TAX COLLECTOR 4~O E. :\(AI~ STREET, l\ARTOW, 33830 (863) 534-4731 - -------.---- eM) "".-...,..'/ WlO-rORO LA 1bC5 July 25, 2001 Mr. Todd Bredbenner, p.E. Vice President DCR Engineering Services, Inc. 502 County Road 640 East Mulberry, Florida 33860 Dear Todd, Congratulations! DCR Engineering Services,lnc. has been designated a Certified MOSCAD Solution Provider by Molorola. DCR Engineering Services, inc. earned this as a result of its successful sale, instaUation and support of systems uti \i zing M otorO la's MOSCAD products. A certificate documenting tbis acbievement is enclosed with tbis letter. Motorola sincerelY appreciates tbe efforts ofDCR Engineering Services, Inc. on its bebalfín tbe State of Florida and otber Southeastern states. We look forward to our continued relationship and many neW successful projects. Fag rsten Manage !ndirect Solutions Fixed Data Products CK,r¡Ö ¡n, " , M ----"'."".- cil¡CI ¡Wi,y,l' ""I -"..-."'.'--- .--- @ MOTOROLA Certified MOSCAD Solution Provider is hereby granted to: DCR Engineering Services, Inc. for demonstrating competency in the design, installation, operation, and support o/Motorola's MOSCAD systems; certification is granted to DCR Engineering Services, Inc. contingent upon continued compliance with the standards and criteria established/or certification. Expires December 31, 2003. Granted: July 25, 2001 \\ ~~---, David Fagersten, Manager Indirect Distribution Fixed Data Products Motorola Inc. 16 c~ MEMORANDUM Date: March 24, 2004 TO: Lynn Wood Purchasing FROM: Linda A. Houtzer, Deputy Clerk Minutes and Records Re: Contract #04-3536 - Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services between Board of County Commissioners for Collier County, Florida and American Computer Technologies, Inc., Orlando, Florida. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C5) , approved by the Board of County Commissioners on Tuesday, January 27, 2004. If you should have any questions, you may contact me at extension #8411. Regards, Enclosures AGREEMENT 16 Cs THIS AGREEMENT is made and entered into this 2ih day of January, 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and American Computer Technologies, Inc., authorized to do business in the State of Florida, whose business address is 2200 Lucien Way, Orlando, Florida 32751 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating January 31, 2005, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selectéd firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16 Cs 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Steven E. Carey, Director of Sales American Computer Technologies, Inc. 2200 Lucien Way Orlando, Florida 32751 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page -2- --"",--,----"'--"-'- 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any pl€>n to ~e~ any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabill1ï: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Reauirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated Insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- .-.--......-.. ...,.-.--". ""-,,.,,-..,'--"-"."'" 12. INDEMNIFICATION: The ContractorNendor, in consideration of One HundreJ.9ars (~~O), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums Page -4- ~ . -..->. . >~._-_.__._--_.__..._._.,»».- due Contractor the amount of any liquidated or unliquidated obligations of contrlPto &..5, w~ether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "0" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable Page -5- to the Project, including but not limited to Ihose dealing with taxation, workerslc~penÇa2n, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or Page -6- ---- '--' . -- ____._m. - .- materials of Owner or Owner's separate contractors, Contractor shall b16rge.kv5 the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Page -7- Documents, that the entire balance found to be due Contractor is due ~§ payÇb2 Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. UQUIDA TED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out Page -8- ..---'."-' 16 Cs verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04-3536, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts \,,\\\\II'~':' '1'1, By~a.~~~ß} , })f1~ .:: 4(>'..' .'~" ,'" ", ", DatedE,' t¡¡t~1i;;ð~":;' :.~.. -"'}-'.-1' Attes~ ¡{,1o~~ff~ ~;' . s 1 gl1(', t'Hr~e;or 17,~;.\v-...:,. ~ , , ' .¡' " ,... : " /.; "",' (f~' '" ", "..f, "'1' \' ~:," ~,,".'~',,',",,""~~=I" , , \', " BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA By: ~ d..LÞ.c. Comm ssioner Donna Fiala, Chairman First Witness By: Vi e-Io y S' VV1ee 411 k Type/Print Witness Name ~~ C5 '--------- See nd Witness "'--- Te('(eVlte.... gu VI. Ie. elf Type/Print Witness Name Signature ß(lAc..~ Wyn"().. Typed Signature Pre s ,. clf:fi f- Title CORPORATE SEAL (Corporations Only) L 1~~:~Z5.I, ~ , . ! i; : L_,),'.12~L9~ ~ ! \¡ ,- J L ¡'1 ,~:"'5 ~ 24 0 KE.'; d - ......-.. --'1 : Page -9- EXHIBIT A PUBLIC PAYMENT BOND 16 Cs Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as , as Surety, located at- (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. Principal, and WHEREAS, Principal has entered into a contract dated as of the , 200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -1 0- Signed, sealed and delivered in the presence of: PRINCIPAL: 16 Cs Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 200_, by - ,as ~ , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- 16 C5 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200--, by ,as of ' Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. day of My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- -.' -'-'--""-'----- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16 Cs Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. ourselves, our heirs, WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- This instrument shall be construed in all respects as a common law bond. It is ex16y u'c'50d that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- .,._--",,__O"Om","_,,"", __'__»0."..-'----'" --"'-,"'"' ATTEST: SURETY: 16 Cs (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200---, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. day of My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16 Cs COUNTY OF COLLIER) STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200- for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -16- 16 C5 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date $ $ % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ $ $ $ $ $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through - inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By Design Professional: By OWNER'S Project Manager: Page -17- .- ."-.",,, (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 1.6 C5 CHANGE ORDER NO. CONTRACT NO. 04-3536 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L-> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200- CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -18- ..---...--.--.-... EXHIBIT E 16 C5 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -19- ---------__--___0_'" ---~"'" ' ,-",,-_0_------""""""'--""---------' ,------ The responsibilities between OWNER and CONTRACTOR lor security, operation, salel 6 maintenance, heat, utilities, insurance and warranties shall be as follows: C5 RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title Page -20- ..------ --,----_." ,-.-------.-. . .---- ,,--,,---,,- EXHIBIT F 16 c~ --' CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -21- 16 Cs The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title Page -22- 16 Cs EXHIBIT G WARRANTY In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATE SEAL BY: Attest: Page -23- ---_.~.. --..-----...-.- "---'---- EXHIBIT H 16 Cs Collier County Standard Fee Schedule RFP 04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Programmer/Integrator $65.00 per hour $100.00 per hour Technician Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -24- -----...-.- . ~anooerQ LnSUrance "10,' !::S:::It:> !::S:::I'=SJ. lO'=SflO:::IflO<+ 1OJ.:=>.<:r- r-.lOlOo<:. ACORD.. CERTIFICATE OF LIABILITY INSURANCE 01~:= THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RJGIoITS UPON THE CERTIFICATe HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR p~ SANDBERG INSURANCE AGENCY,INC. 1918 E. HIlLCREST ST. ORLANDO FL 32803 (.1) 8!M-2921 .-.. "'--'-----'- .-.... ..- . INSURERS AFFORDING COVERAGE NAIC. ..-.--------.--... ............---.-- :!:i~!J!'.~R~, SUTE AUTOp'RO-'~E.~.&..CAS._U!'..L~.._.._.., .INSURER B: COMME~ÇE _&..I,~~_u.S.:r:f:'!.I.~.t~~~MP) . 1~~~~~~C:~SEX.INSCO,(SIUI , ........... .---------.- !NSUREf! D: FIOE;L.ITY & PEPS:'!:. ..cq.lSI~I-- .., .., . INSURER E: INSUIIED AMERICAN COIIPUTE;R TECHNOLOGIES. INC. P.O. BOX NUN MAITLAND, FL 3%7N - THE POLICIES OF INSURANCE LISTEO BEL.OW HAVE BEEN ISSUED TO THE IN$Uf\EO NAMED A\!OVe FOR THE !>OLlCY PERIOD INDICATED. NO'tWITHSTANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIJMENTWITH Rli:SPECTTOWHICHTHIS CERTIFICATE MAY BE Issuer> OR MAY PERTAIN. THE INSURANCE AFFORDED ßY THE PO~IES DESCRIBED HEReiN IS SUBJECT TO A~L. THE TERMS, EXCLUSIONS AND CONDI"rIONS OF SUCH PO~ICIES. AGGREGATE LIMITS SHOWN MAY HAve øe~N EOVCED BV PAID CLAIMS. ¡;jåR,;œ,. . """"""INS"".r.II'e' . T"'- - ~~;"'-~ER' . POUCYERièTi";¡-:-~-EXPiRÃiïõNr"'" .LIIIIITS ... 'H'--_'---" ._~LIII8LITY -..- !_~~<:!-!~'!:.E~~ ...n..! J1,OOO,OOO' A X 'X . COWr.lf.~'AI. OENEftA!. IJAIILlTY pap 8338827 08 071V1mM13 071O1nOO4 : ~TO nerm::D s 100,000 ! "-' Cv.tMSMADE Ix' 1 OCCUR """'EfMlE5~eø-r_)' .. ----. .....e()E!\"{M).one~~I_._. -~.~.o_qo,..... _... .... . ~--J ~~'- .::~~_._...... , . ... I PERSONI\L a. ACNINJl)tly $1,000,000. "'-""-'-----"-"""" ... . ...,... : ,. CI.~.';'1'!!,Ai. .ACV'lI!CATe S 2.000,000 ; -. -.- aeon. AGOIUiDATE u"" ""'r'ES PER: PRODUCTS. COMP/CP Aoo S X ¡ POLICY r'. I ~& ---I LOC . ... .........,," ............... .. .. oWTOIIðBn.E UAIILITY COIIDINE;D SINGLE !.'"m A fI1oV AUTO BAP &3401$6 071O11Zoo3 01101/2004 ¡e.~) 51.000.000 .. - ..-.-.-.------..' AU. OWNeD AUTOS IIOOllV"'UURY S I SCH!:DUL.C:D /\UTO" "...po""",) I .,'" -.............."-"""'" . -... -"""- X HIHC¡O AU'TOI:' DOOILY INJURY .- $ X ~OAUTO$ I (per aCCi<Jet\t) .. . .. .........-...-...-.., .-..... . .. -. ..------... --...... .... PROPERTY DAMAGE; , ¡Ptr8QÇlCItI\\) ¡ , GARAGE UABlurt AlITO ON!. Y .. 0. ACcIt>ENT ¡ .... . ....--. . -...--.--.---,.. " AtOY AUTO OT~mTHJ\N F.AAct ¡ AVTQ ON!. Y: Þ.CG $ J;l(Ce$SIUM8I\a~ llA81lJTY 'ô..0>1 OCCURRE~E... .. .... .:..~.5.090.~...... I 0 CL.OoIMs MADE XCAI464 ;0710112003 07101/2004 " " C X : OCCUR AGGR~G.<oTC : 15,000 000 I ~...,-~_."':.~'~'~.:~:~~:-.~""'r:' , ,. - . -.. ...._.._.- ¡"..... O';OutTI!II.E I I ..... .-.. ..-..-....- . .... .. . .. --'- IIF..TENTlON S $ WOItKl!AS COIIF'ENSATION 1>ND I : we STATU- .lx.I.OTH' B . EMPLOY!!RS' lJAIIIU1'W' we 647 31 47 011011200. 01m1nOOG ........:.'tOl'!V.uMITS. ....¡¡Iot ! ~16:~~~:~~:=:I!CU11\IF, ~:L,..E.~.H -'C!;lceNT $ 500.000., ..--...... ! i.l. DlSEASE.;.A. E""LOYEE .!.~O,~.._. I n /!eO' O..o;rbr _r I i .. ..... ......-.-,---- 5 culL ~ONS - I E.!.. DISEASE. POLICY LIMIT S 500.000 O-nER 0 BLANKET FIDELITY BOND CCPOO6006800 1011312003 1 onOl2CO4 5500.000 DESCIUPT1ON OF OPERA"fIONS I LOCA"TIOWS I I/EHlCLE& I EJCCLUSIONS ADDED BY ENOOII$EMCNT' I SPECIAL PRO\IISION5 OFFICES OF COMPUTElit SOFTWARE PROGRAMMERS COLueR COUN1Y GOYERNMI;NT 3301 E. T AMIAMI TR. SHOUU) ANY 01' 'hIC QO"C OESCRI8ED POUC1&.5111i C""ClM.I.ÆO 8E1'ORE THE EXPIRATION DATE THilREbF, "!WE 155\IING II\IS- WlI.L ENDEAYOR TO MAIL ~ DAVS _TrEI< NOTICE TO THE CER11FICATe HOLDEIii NAMED TO TME I..£I'T.lluT FM..URE TO DO 50 SHAU. IMPOSE NO 08UGATlDH OR UA81U'\"1' I) lINt KtND UPO" THE -UttER. ITS /IOoNTS OR NA1"LES .FL 34112- .~., ACORD 25 (2001/08) .-......--.--..-..... ~ Cs AMERICAN COMPUTER TECHNOLOGIES Req uest For Proposal #04-3536 Collier County Annual Contract For Instrumentation, Controls, Telemetry and SCADA Integration Services Orlando .Jacksonville Trinidad 16 Cs AMERICAN COMPUTER TECHNOLOGIES Req uest For Proposal #04-3536 Collier County Annual Contract For Instrumentation, Controls, Telemetry and SCADA Integration Services Orlando .Jacksonville Trinidad N:fAMERICAN COMPUTER . TECHNOLOGIES 16 Cs Automation Solution Markets A CT automation solution customers utilize our systems for a variety of purposes. Manufacturing environments use our real-time relational database solutions to track raw materials, works-in- process and inventories of completed goods for a more efficient just-in-time production environment. ACT's utility clients manage critical components and automate the collection of activity data. In addition. our customized interfaces create an easy-to-use tool for administering secured PLC-controlled environments. A CT offers automation solutions for: . Batch industries such as medical, chemical and food environments. These industries also use ACT for their expertise in product tracking and inventory management. ContinuouslBatch process control applications such as in the pulp, paper and wastewater industries. Discrete processes involving packaging and material handling. Utilities such as energy, telecommunications and power. . . . HÏJlh Oualitvl Latest TechnoloJ!Ïes American Computer Technologies (AC1) specializes in high quality automation solutions, which include real-time tracking, supervisory control and report generation for: . Industrial automation Production line activity Data collection automation Critical component gauge controls Shop floor control systems Remote automation Batch-oriented production process . . . . . . As a certified integration partner for leading automation software applications, ACT offers seamless enterprise-wide and client-server software integration of data acquisition automation solutions, including: . . . . . . . Intellution's iFIX Dynamics@ Family of components based on the i-Core foundation. Wonderware's@ suite of applications Trihedral suite of applications OSI's PI@ Historian and Process Book Applications Active X (OLE) @ controls. Gensym@ process & network management using adaptive software products that model, simulate and monitor business processes Microsoft's automation techniques such as COM and DCOM based technologies. N:fAMERICAN COMPUTER . TECHNOLOGIES 1.6 C 5 .~ Certifications Projects References Resumes 16 Cs RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 27 Qualifications and Credentials of Bidder & Staff Survey Many different skill sets and areas of expertise are being solicited within the framework of this RFP. In order to better ascertain the specific qualifications of each proposer, we solicit your responses and descriptions of service offerings. If a specific skill set is not met or proposer does not otherwise offer services as listed and described, then proposer should. indicate so and explain if deemed necessary. "No" responses are not used as a basis for disqualification, as the County realizes that these many different skill sets are and service sectors vary with each company/entity. Personnel Certifications and DesiQnations - / Electrician(s) on Staff? . D yes iV"í..~. Indicate name, office/field location of designee, type (Journeyman, Master, other), and license number within the body of submitted proposal; attach copies of licensees) if applicable , Professional engineer(s) on Staff? ~yes D no Indicate name, office/field location of designee, type (PE or EI), and license number within the bOdY;Zf sub itted proposal; attach copies of licensees) if applicable. Radio Frequency Certifications of Staffmember(s)? D yes no Indicate name, office/field location of designee, type, and license number within the body of submitted proposal; attach copies of licensees) if applicable. ~ Network Certified Staffmember(s)? Il"'yes D no Indicate name, office/field location of designee, type (MCSE, MCSP, other), and license number within the body of submitted proposal; attach copies of licensees) if applicable. Proposer's Technical Capabilities ~ General Instrumentation MaintenancelTroubleshooting Capabilities? !M":'yes D no Within the body of submitted proposal, indicate knowledge/familiarity/certification in configuration, calibration and system integration of various instruments, including (but not limited to) devices to control/monitor flow, level and pressure. Submittal shall further describe knowledge of subject instruments by make and models, technology type, and any special calibration techniques and/or equipment (such as Hart protocol or Rosemount Smart interface) that the proposer utilizes to service these instruments. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. Radio/Communications Diagnostics/MaintenancelTroubleshooting Ca~ities? !il'Ýes D no Within the body of submitted proposal, indicate knowledge/familiarity/certification in the implementation, diagnostics and maintenance of radio frequency and other communications media. Submittal shall further describe knowledge of communication technologies (such as radios, modems, and fiber equipment) by make and models, plus diagnostic equipment (such as RF wattmeters, spectrum analyzers, and frequency counters) that the proposer utilizes to service the communications technologies. Attach listing of autho¿ized ervice/calibration designations and provide copies of certifications if applicable. PLC Programming Capabilities? \ . yes D no Indicate PLC ladderlogiclother programming knowledge/familiarity, by make and models, within the body of submitted proposal; attach verification of programming training levels/designations/certifications as recognized by manufacturers or other industry recognitions, if applicable. ~ VFD Programming and Configuration Capabilities? Dyes M"'"no Indicate VFD configuration and service authorizations, plus any other knowledge/familiarity, by make and models, within the body of submitted proposal; attach service authorizations or training levels/designations/certifications as recognized by manufacturers, if applicable. ~ HMI/SCADA Programming Capabilities? ~yes D no Indicate SCADA software programming and screen generation knowledge/familiarity, by make and models, within the body of submitted proposal antrol Panel Fabrication UL-508A Approved Panel Manufacturer? luJ£ use rA-MPA A-æ.IYh4--rùt2£' wo.e.c:5 C~) {V r¿ A-u.. D yes ~ 'PANt"!.-- ç~ j Certifications & Vendor Traininl(. Certifications Wonderware Premier Solution Provider. Intellution ¡Fix Premier Solution Provider Intellution iBatch Certified Integrator Trihedral Solution Certified Provider Iconics Solutions Partner Microsoft Certified Cisco Certified SAP Certified System Integrator Visualflow Certified Integrator Vendor Trainin/f. Wonderware InTouch Wonderware Certified Premier Integrator InTouch, InTrack, inSQL Intellution Intellution Certified Solution Provider Intellution ¡Fix, Fix32 Intellution iFix Advanced Training Trihedral VTScada Certified Integrator VTScada Training Eintellut;on3 ~SOLUTION PARTNER Allen Bradley PLC/SLC Training Siemens Series7 PLC Training TI 505 PLC Training Modicon PLC Training Iconics Development Training GE 9030-70 Series PLC Training Foxboro Micro If A Configuration Training OSI Plant Information Systems (Pi) 16 Cs CERTIFIED Partner è:\.r','Yn'(,<~ "\f", ,PI N:(AMERICAN COMPUTER - TECHNOLOGIES 16 Cs CURRENT PROJECTS IN PROGRESS: City of Alachua Alachua, Florida Install a MDS radio telemetry system for four new lift stations and a redundant VTScada backup node to the exsisting freshwater telemetry system using Dataflow RTU's. System will page the on-call operator with any alarms. The operator can then dial in to the system remotely to monitor and correct the problem. City of Ocala Ocala, Florida Water Reclamation Facility #3: Automation of entire facility using Siemens S7 -318 Controllers, fiber-optics, and Trihedral VTScada interface. Implementing only the newest controllers and technology with a high degree of redundancy & automation so the plant can run unmanned for the night and graveyard shifts. System will page the on-call operator with any alarms. The operator can then dial in to the system remotely to monitor and correct the problem. WRF #3 Reclaimed Water System Irrigation: Automation of the reclaimed water irrigation system using Siemens S7-318's connected via fiber communicating over ethemet protocol. The system uses solar panels to power the R TU' s as they are so remote that power is inaccessible. There is a Trihedral VTScada node that monitors and controls the system nom the WRF#3 facility's control room. City of Daytona Beach Shores Daytona Beach Shores, Florida Phase I - Develop and install Wonderware HMI (Human Machine Interface). Reconfigure and reprogram existing non-functional SCADA telemetry system. City employees now can monitor all remote pumping stations and master pump station nom a central control station located in the utilities annex or dial in from home on off hours. ( completed) Phase n - Addition of motors, pumps and drives as well as field devices to bring the system nom a monitoring system to a fully controllable SCADA system. (in progress) illY of Frostproof Frostproof, Florida Automation of the city's water system using Allen Bradley Micrologix 1200 controllers and MDS 9810 radios. Three plants share information to maintain a constant pressure on the system regardless of demand. The system can also be monitored and controlled from the Intellution SCADA node at the main office. . _.-. m...... ..-.- -0-.___- - --.-._-- - __om -..------.-.-------- AMERICAN COMPUTER TECHNOLOGIES 16 RECENTLY COMPLETED PROJECTS: CiW. of Ocala Ocala, Florida Water Treatment Plant Automation using TI 505 controllers, Hach instruments and Intellution FIX32 interface. The plant had new instrumentation installed and run into a 505 controller talking Ethernet to the Intellution node. Water Reclamation Facility #1: Automation of WRF # 1 using TI Controllers, DCC Bubblers and Intellution FIX32 interface. The system eliminated the need for a 24 hour manned site. Operators can now get paged if critical alarms happen and can dial into the system remotely on a laptop to monitor and correct the problem Fort Drum Service Plaza Florida Turnpike, Florida Develop and install Wonderware I-tM/(Human Machine Interface) station to control and monitor existing wastewater treatment facility. Install and configure Sytech Report Manager software to generate daily and monthly reports. These reports help employees to project pump and blower life, preventive maintenance as well as tracking water and chemical usage. Jacksonville Port Authori .ty Jacksonville, Florida Interface the GE 9070 PLC's of three port cranes in Jaxport with Wonderware nodes to control and monitor various automatic and manual functions of the cranes. Cargill~ Mayonnaise Plant Gainesville, Ga Automation of entire Mayonnaise plant using Intellution iFix and iBatch components. The automation system consists of 2 iFix 2.21 SCADA nodes, 1 iBatch server and 6 iFix iClient nodes with/Batch client components. Microsoft SQL server integrated to capture all batch information from/Batch, this was required for the FDA certification. A Microsoft Windows 2000 Server node was added to provide a window to the information via web pages developed by ACT. Alt process history is being stored on OSI Pi home node on the network accessed via active X components through the iFix workspace. Controls Re[erences: 16 City of Ocala PO Box 1270 Ocala, Florida 34478 Contact: Mr. Ed Ernest - Director of Engineering (352)-572-0373 City of Frostproof PO Box 308 Frostproof, Florida 33843 Contact: Mr. Greg Respress - Public Works Director (863)-635-7862 CH2Mhili 3011 SW Williston Street Gainesville, Florida 32608 Contact: Timothy Ptak O52)-335-7991 Intellution - Gray Matter Systems PO Box 511087 Melbourne, Florida 32951 Contact: Christine Biggs (321)-733-1717 Trihedral Engineering 1160 Bedford Highway Bedford, Canada B4A 1C 1 Contact: Barry Baker (800)-463-2783 Additional Government References 16 (IT Department) Ci,ty of Clermont 210 Clermont Ave. Clermont, Florida 32233 Contact: Mr. Joe Van Zile - Chief Financial Officer (352)-394-4081 The City of Clermont required the services of a company that could assist with the reorganization of their current IT Infrastructure, design and integration of a new city web site, and the planning/desigrFimplementation of ail voice/data systems for their new City Hall which is currently under construction. The City selected ACT after a RFP selection process, due in part to ACT's previous experience with similar city projects, and in part because ACT offered the City the "single-source" vendor approach. Project Scope: · Met with all city department heads to discuss IT requirements for each department and outline plan for the next 5 years. · Met with all city employees within those departments and document tasks/job responsibilities and equipment. · Install and terminate all structured cabling throughout the entire new city hall. · Design & development of new website. New website will allow customers to access city information, online permit applications, job postings, bill payments, etc. Client using ACT Extranet to submit files, suggestions, changes while website is in development stage. ACT will also host site. · Assist with the purchase of hardware/software requirements. · Install new telephone system in completed City Hall. · Install and configure all hardware/software for new City Hall. Implement citywide Local Area Network. · Providing continued support, service & training as well as implementing backup systems and disaster recovery. Completion of the new City Hall is expected by September 1, 2003. City website should go online in August/September 2003. 16 C5 Ci.ty of Atlantic Beach (2oo2 - 2003) 800 Seminole Rd. Atlantic Beach, Florida 32233 Contact: Mr. Bryan Smith (904)-403-0425 The City of Atlantic Brach required the services of a company that could assist with the configuration and implementation of new web and email servers that would support their current JT Jnfrastructure, and the design and integration of a new city web site. The City selected ACT after a RFP selection process, due in part to A CT's previous experience with similar city projects, and in part because ACT offered the City the "single-source" vendor approach_ Project Scope: Met with IT Manager and Department Heads to discuss requirements for web/email servers and all website content. · Assisted with the configuration and installation of web/email servers. · Design & development of new website. New website will allow customers to access city information, online permit applications, job postings, bill payments, etc. Client using ACT Extranet to submit files, suggestions, changes while website is in development stage. ACT will also host site. · Providing continued support, service & training. The server configuration project was completed in 2002. The new site went "live" the first week of July 2003. www. ci. atlantic-beach, fi. us Terrence M. Bunker Process Control Engineer American Computer Technologies, Inc. (ACT) C5 Summary: Permanent process control engineer responsible for all sales, project management, development and implementation. Taken all projects through full life cycle, from bid to completion. Due to the lack of private manufacturers in Florida, the market is mostly murficipal. Experience: ACT Maitland~ FL 3-O0/Present City of Daytona Beach Shores - SCADA telemetry system for the city's wastewater lif~ stations using TI 545 master station 7 remote stations using siemens S7 214's, MDS radios, and a Wonderware interface. Florida Turnpike Waste Water Treatment Facility #1 - Wonderware interface and reporting. City of Ocala - Water reclamation facility #1 automation using TI 505, DCC pump controllers and FIX32 interface City of Ocala - Water Treatment facility #1 automation using TI 505, SCADAPac telemetry system and redundant FIX32 nodes City of Ocala - Water reclamation facility #3 automation using Siemens S7-318 PLC's, Fiber optics and VTScada interface. City of Ocala - Water Reclamation facility #2 automation using TI 505 Controllers and VTScada interface. City of Frostproof- Allen Bradly micrologix 1200's networked with Ethernet through NET- ENI cards and Data Linc radios with an Intellution iFIX HMI. Automation of the city's fresh water distribution system. City of Alachua - AB micrologix and Modicon PLC's networked via MDS spread spectrum radios connected to VTScada redundant hot backup HMI's CranePro 21 Houston~ TX. 4-99/1-00 Contract Employee on implementation and start-up of a hot coil handling and tracking SCADA system at California Steel Industries in Ontario CA. System consisted of four PLC 5/40 E's, four Kone Dynac AC Vector drives, five nodes of Flex I/O connected with ProfiBus and Data highway, and a multi-processor server connected to PLC's via Ethernet. Programmed, troubleshot and tested PLC's, ProfiBus, Flex I/O, and associated machineries. Trained CSI operators on the functioning of the system. Innovative Control Concepts Houston, TX. 19[18h9~ Trained on Elsig Bailey Freelance 2000 Micro DCS and Foxboro Micro I/A. Configuration and light programming on both. Y2K Audits at Energizer Battery plant in Maryville MO. and Jefferson Smurfit/Stone container paper mill in Jacksonville FL. Built, configured and installed inter-office NT networks. C5 Metropolitan Parks Tacoma, WA. 1997 Programmed .and tested Allen Bradley Micrologix 1000 SLC's for boathouse elevators and SLC 150's for fountain automation Orcas Network Ltd. Juneau, AK 1991-92 Orcas Network installed a large-scale SCADA control system for The Juneau water system. It consisted of approximately 80 rack- mounted PLC 5L25s, a dual 960MHz/9600 baud microwave radio network, two DEC VAX 3100 master stations, a Micro-VAX 2000, and an Allen Bradley Pyramid Integrator. Responsible for the installation, programming, testing and start-up of PLC's and associated process equipment in the field. Programmed and tested MMI software screens (USDATA Dataviews). Prepared and conducted Field and Site Acceptance Tests. Trained city operators on the functioning of the system. Software: DOS 6.22; Windows 3.1, 95 and 98 and 2000; ME, XP, NT Server and Workstation; Microsoft Office; RS Logix5 & 500 and 6200 series for Allen Bradley SLC's and PLC's, Dataview; Siemens S7-200 Micro-dos and Micro-win soft:ware, Siemens Step7, SimaticNET, Siemens Protool; TISOFT; Intellution iFIX; USDATA's Factorylink; Wonderware; Trihedral's VTScada and AutoCAD 2000i LT. Education: Bates Technical College Applied Electronics, Industrial Automation Tacoma Wa. 1996-97 Whatcom Community College Bellingham WA. 1989 Highline Community College Desmoines, WA. 1986-87 Courses: Bates Technical College: Basic Electronics; circuit analysis; Use of electronic test equipment: Oscilloscopes, Digital Multi Meters, data analyzers, logic analyzers and probes. Semiconductor devices, digital and analog integrated circuits; digital logic; microprocessors and Assembly language programming. Networking and programming PLC's - Allen Bradley, Siemens, Texas Instruments and GE; schematic diagrams; robotics; hydraulics; pneumatics; sensors; transducers; electro-mechanical devices; complete control integration from field devices to PLC networks to MMI. C5 Certifications: Bates Technical College Associate of Technology, CET (Certified Electronics Technician) InSource InTouch Foundation class (WonderWare) Itellution iFIX Fundumentals Trihedral VTScada training Siemens S7-200 training Siemens S7-3/400 training AB PLC-5 Training References available upon request Victor J.P. Smeenk Experience: 16 Process Control Engineer American Computer Technologies 2200 Lucien Way, Suite 195, Maitland, Florida August 2001 - Present Reporting to the Manager, Industrial Automation Solutions Group, duties include: Industrial automation project management HMI, SCADA, PLC programming · Bid preparation Control Engineer The P.D. George Company 5200 N Second St., St. Louis, Missouri July 1999 -July 2001 Reporting · to the Capital Projects Coordinator, duties included: Implement capital projects to modernize the control systems at the facilities in St. Louis, MO and in Ft. Wayne, IN. Develop and implement a historical process database for plant performance monitoring and optimization using OSI PI software. Train maintenance personnel in the use and troubleshooting of new control equipment and techniques. Chemical Engineer The P.D. George Company 5200 N Second St., St. Louis, Missouri July 1993 -July 1999 Reporting · to the Manager of Plant Operations and Human Resources, duties included: Designing, integrating, start-up, validation and maintenance of all process control systems for six chemical reactors, the Q.C. Department, and the Chemistry R&D lab. This included the use of Intellution's iFIX SCADA software, LonWorks fieldbus, Modbus I/O, and Opto 22 I/O. Specifying and configuring all sensors, actuators and transmitters such as temperature, pressure, mass flow, viscosity, and modulating valves. Performing analysis of production and Q.C. data to improve the process and product quality. Chemical Engineer Alcatel Canada Wire, Inc. 2615 East Hwy. 146, La Grange, Kentucky July 1992 - May 1993 Reporting to the Director of Manufacturing Technology, duties included: · Modifying two horizontal wire enameling machines to improve reliability and quality. · Performing commissioning trials of six new wire enameling machines. productivity, 16 C5 Product Engineer Canada Wire and Cable, Ltd. 19-20 Gilbertson Dr., Simcoe, Ontario, Canada September 1987- June 1992 Reporting to the Engineering Manager, duties included: · Implementing a computerized monitoring and control system in the fine wire department · Evaluating new raw materials through Q.C. testing and production trials. · Monitoring stack emissions, soil contamination, indoor air quality, and performing environmental audits on Canada Wire Facilities and waste disposal sites. · Coordinating a study of the effects of gamma radiation on Dacron wire insulation. Professional Affiliations: Association of Professional Engineers of Ontario, Canada Industrial Computing Society ISA 1990 to present 1993 to present 1995 to present Education: B. Eng. (Chemical) McMaster University, Hamilton, Ontario, 1987 Graduate courses at McMaster UniversitY: · Digital Computer Process Control · Statistics for Chemical Engineers · Time Series Analysis and Process Identification 1989 - 1990 · Polymer Reaction Engineering · Optimization of Chemical Processes · Polymer Rheology and Processing Short courses: · VTScada System Integration, Trihedral Engineering Ltd., 2002 · Siemens SIMATIC S7 Programming 1, ProLogic Controls, 2002 · PI System Manager's Class, OSI Software, 2000 · 354 Visual Basic For Applications, Intellution, 1999 · 154b FIX Dynamics for FIX 6.x Users, Intellution, 1998 · Introduction to Visual Basic 4.0, University of Missouri - St. Louis, 1997 · Supporting, Troubleshooting and Optimizing Windows NT 4.0, CompuMaster, 1997 · LonWorks Technology, Echelon Corporation, 1995 · Data Communications for Instrumentation and Control, IDC, 1994 · Introduction to Fix 4.0, Intellution, 1994 · Introduction to Ladder Logic and Control, Intellect Controls Group, 1992 · Statistical Process Control for the Wire Industry, D.B. Relyea, Consultant, 1988 · Taguchi Method of Design of Experiments, Canadian Supplier Institute, 1988 Steven A. McCarthy CCNA, MCP, I-Net+, CIWA, Network+, A+ 1811 Lochshyre Loop Ocoee, FL. 34761-6841 smccarthy@actconsulting.com Home: (407) 822-5230 Cell: (407) 383-5659 IT Manager, Network Engineer, Problem Solver Summary of Qualifications A hands-on technical and management professional with over 20 years of experience and a proven record of success that gets results in fast-track, competitive environments. Specialized education, attention to detail, team building, organization, leadership, management and excellent interpersonal skills compliment technical expertise in all facets of I.T. infrastructure, networks, problem resolution, client support, system management, administration and security. Utilizing a solid background in the US Navy and civilian market in leading and managing high technology departments and processes, I will immediately put those skills and experience to work for you. As an experienced IT Manager, Senior Network Engineer and Network Administrator, I have diverse and challenging experience in all facets of the technology arena. I not only have the dynamic leadership and superior problem solving abilities required, but the highly desired hands-on technical skills, high standards, self direction and attention to detail required to excel. I am well rounded, flexible and have excelled in growing companies, increasing efficiency and saving money. Certifications Cisco Certified Network Associate, (CCNA) Microsoft Certified Professional, (MCP) CompTIA Network+ Certified Professional CompTIA i-Net+ Internet Professional CompTIA A+ Certified Technician Certified Internet Webmaster (CIW) Associate Brainbuzz. Com Transcript ID 2540665; Windows 2000 Server, Windows 2000 Desktop, Windows NT 4.0 Server, Windows NT 4.0 Workstation, Windows ME, Windows 98, Windows 95, Network Technical Support, Computer Technical Support Significant Accomplishments * Saved in excess of $598,300.00 per year in lost employee productivity and cost savings. Increased efficiency enabled an increase in sales by an additional $9.3 Million Dollars. Designed, Implemented supported and managed the networks, websites and telephone systems. Hands-on management of all Windows NT and 2000 servers, workstations, network administration, user and system security, Active Directory, DHCP, DNS, WINS, TCP/IP, VPN, RAS, RAID, switches, routers, firewails, Internet, Intranet, application and Exchange servers. Managed the daily operations of the ISP's Network Operations Center and personnel, consisting of 25 technicians, engineers and supervisors providing LAN/WAN, Wireless, and Internet access, configuration and support across the United States. Conceptualized, implemented, and managed all NOC policies, procedures, systems, LAN/WAN, TCP/IP connectivity, Email and Enterprise Network Management software. This includes the hands- on management of the network, including servers, workstations, network administration, user and system security, Cisco switches and routers, and disaster recovery. * Reduced network downtime from 20% to less than ½%, saving the company in excess of $400,000.00 per year. * Provided clients with installation, troubleshooting and advanced customer support. This included additional support on servers, networks, performance tuning and maintenance. Assisted in all phases of client training and education. * Successfully completed assignments under budget and before deadline for clients. * Coordinated, configured and moved 6 NT Networks to new locations and setup a new Novell network. The networks and peripherals were fully operational before the deadlines. * Developed, Implemented, Supported and Supervised the Help Desk organization for the largest timeshare resort in the world. Assisted with NT and Novell Network Administration. * Managed entire shipboard / shore based communications, radar, navigation, computers and network systems. Ensured all systems operated at peak efficiency in a 24/7/365 environment. * Developed, supervised, and lead an average of 6 supervisors with 32 personnel, and up to 40 supervisors with 180 personnel in a team effort in high pressure environments. Employment American Computer Technologies, Maitland, FL. IT Director, Senior Network Engineer Compass Knowledge Group, Ocoee, FL. IT Director, Senior Network Engineer CAVU, Inc. E-xpedient Service, Orlando, FL. Network Operations Center Assistant Manager, Senior Systems Administrator London Bridge Software, Lake Mary, FL. IT Manager, Network Engineer Dynamic Healthcare Technologies, Lake Mary, FL. QA Engineer, QA Department Network Administrator Alternative Resources (ARC), Orlando, FL. Contract Work: Project Manager, Senior Network Engineer and Architect Signature Resorts, Orlando, FL. Helpdesk Supervisor Software Support Inc., (Convergys, Inc.), Lake Mary, FL. Level II Computer Support Representative, Trainer US Navy, Last Assignment: Long Beach, CA. Chief Electronics Technician, I.T. Manager, Systems Administrator 16 05 Skills Leadership, management, team building, organizational, analytical, innovative troubleshooting, attention to detail, problem solving, crisis management, decision making, interpersonal relations, uncompromising work ethic, creative thinking, reporting, oral and written communications. Project management, resource planning, vendor management, priority setting, quality assurance, budget forecasting and management, customer support, client relations, employee development, instructor, coaching, mentoring, scheduling, multitasking, cost cutting and revenue generation. Windows XP, 2000, NT 4.0 and 3.5x, Windows 3.x, 95, 98, ME, Novell NetWare 4.11, Solaris 2.x and 7, all versions of Microsoft Office, Internet Explorer and MS Dos, Lotus Notes and Domino Server 4.x and 5.x, IlS, SQL Server 7 and 2000, Oracle, Terminal Server, Microsoft Exchange, Active Directory, NTFS, DHCP, WINS, DNS, TCP/IP, VPN, RAS, WebCT, Internet, Intranet, System and User security, RAID, KVM, Backup and Disaster Recovery, Tape Libraries, Client Server, LAN / WAN, Scripting, Telecommunications, networked printers and peripherals, Remote Access, connectivity, optimization, reliability, Help Desk, server and network administration. Hardware, software, architecture and configurations, including servers, workstations, networks, Fast Ethernet, wiring, switches, bridges, routers, firewalls, multiplexers, hubs, peripherals and fault tolerance. Compaq, Dell, Hewlett Packard, Cisco, Bay Networks, Netgear, 3Corn, Toshiba, APC and AS-400. Lucent Difinity, Nitsuko, PBX, Audix Voicemail and Northern Security Systems. Education US Navy Computers, Networks, Advanced Electronics and Communications US Navy Management, QA and Instructor Training Excelsior College City Colleges of Chicago US Navy Computer Network Systems Administration US Government C2 Computer and Network Security Sun Solaris Fundamentals Sun Solaris System Administration 1 Sun Solaris System Administration 2 Sun Solaris TCP/IP Networking Interconnecting Cisco Network Devices Building Scalable Cisco Networks -4 Years 1 Year 2002 1981 1989 1993 2000 2000 2000 2000 2000 2000 AMERICAN COMPUTER TECHNOLOGIES 16 Collier County Overview Cost Proposal Collier Count Overview 16 C5 American Computer Technologies as never performed services for Collier County before, and in such, has limited knowledge of its systems. Based upon the information provided by the County for this RFQ, the following is in response to item #7 of the RFQ questionnaire. We will address each station individually. Wastewater Collections: Collier County has very typical control schemes for their water/wastewater systems. ACT has extensive experience with all of Collier county's hardware and software with exception of the following: DataFlow hardware and proprietary protocols. We have, however, have had experience with the reverse engineered Dataflow drivers made by both Intellution and Trihedral's VTScada. ACT would suggest that if the county wants to put the other 330 lift stations on the telemetry network, to migrate over to intellution's iFIX, or Trihedral's VTScada. This would open the HMI and would provide all the functionality of the Hyperserver and would leave the county in a better position for future integration from local integrators or "in house" if the county desired. This is assuming the county desires to get away from proprietary hardware, software and protocols. ACT would also suggest that the county go with less proprietary RTU hardware for future lift stations using DF1, S7 or Modbus protocol. The migrated HMI would be capable of handling both the existing dataflow network as well as the future open protocol network. This may sound a bit biased coming from a non-dataflow integrator, but we feel that it is in the best interest of the county to stay away from proprietary equipment that can only be obtained and serviced by the single-source manufacturer. NCWRF: We have extensive specific experience on many of the PLC-5 line of PLC's. We have implemented and programmed 5-25's, 5-40's and 5-80E's. We are proficient in RSLogix 5 and associated software such as Panelview development software. ACT is also certified to terminate, test, repair and implement fiber optic connections of any type. We are certified Intellution system integrators and can fully support all functionality Intellution has to offer. SCWRF: See NCWRF above. Reuse: C5 We have extensive specific experience on many of the SLC and Micrologix PLC's. We have implemented Micrologix 1000's and 1200's as RTUs using both Modbus and DF 1 protocols. They support both protocols, but only have one port; so online interrogation and troubleshooting can sometimes be tricky when using the Modbus protocol. We have also installed and programmed SLC-503's, 504's and 505's. They are basically all the same with different port configurations and protocol options. The DataRadio Integra TR' s are not a radio we are familiar with as we try to implement and sell only the most open and supported hardware. This is not to suggest that the DataRadios are not, but we generally use DataLinc or MDS as they support their products well and are the major players in the telemetry industry. We can support the DataRadios as they all work in the same way, but our knowledge of that particular hardware is limited. Water Tamiami Telemetry See Reuse above. NCWTP ACT has worked extensively with the TI 505 controllers. We have installed the TI 505's at multiple locations for the city of Ocala. We are very familiar with this line as well as the CTI line of TI 505 products. CTI is producing isolated analog cards and communication cards that are not made by Siemens as well as almost all other cards that Siemens does make and will eventually take over the line from Siemens one way or another. We have programmed the 505's as a Modbus masters and have networked them via Ethernet and TIWAY. SCWTP See Reuse above Telemetry/SCADA Systems - Water Water Distribution See reuse above for AB PLC/SLC info. The radio networks again are not what we typically will install in a new application, but all radios perform the same basic function and will not be a problem to support. We typically will get a site survey done for radio paths and rely on that information to insure successful communication. When communication goes out on a radio network, we don't assume the path went bad unless communication is intermittent. 0ct-14-03 07:5Z From-Collier CourtLy, Purchasing 941 732 0844 T-496 RFP No. 04-$~36 -Annual Con~ ~ I~t~mentation, Contras, Telemetw ~nd SCADA tntegrado~ Ser/i~s COST PROPOSAL P. OOS/OOB F-777 Addendum#1 Service Cost Per Hour ~.; o~ hour Technician $ '~r., Programmer/Integrator $ _ hour Point of Origin of Technician 1~)/~444'~001 ~ Point of Origin of Programmer/Integrator ~_c~i)O~ ~ List of proposed technicians, programmers and other personnel with resumes and references attached? References attached? ~yes [] no no EMERGENCY & ON-CALL WORK Contractor is asked to provide willingness to respond to emergency and on-call service requests as defined on page 4 of this RFP. Emergency Service Requests? ~yes [] no On-Carll Service Requests? ~yes [] no A "yes" response to either of the above assumes fult willingness to: 1) Meet timely response 2) Be available to respond to such calls 24 hours a day, 365 days a year 3) Maintain updated and accurate on-call list as delineated in the Emergency Work section of this RFP, pages 4 and 5. Should the successful respondent who has been awarded contract and who has also, in this RFP, indicated this willingness, subsequently fail to meet these terms, the county reserves [he right to contract substitute services in accordance with the Substitute Performance section as described on Page 7 of this RFP. Emergenc, F & On Call Response It must be brought to the County's attention that American Computer Technologies is located in Orlando, Florida which is about a three + hour drive to the County. This does not create any problems for scheduled work (we travel statewide), but does put us outside the requested response time the County specified in the RFQ. ACT has always supported our installed systems and would do the same for Collier County but with slightly different response times. Our policy for non-business hours is: 1 .) Telephone response to client's request - 2 Hours This means that a technician from ACT will call back the County within 2 hours of receiving a call, and talk with a County representative. 2.) If the problem cannot be solved via telephone or computer (PcAnywhere, logging onto the County's system, etc.), a technician will be dispatched and be onsite within six (6) hours of the original call. 3.) The hourly rate charged for non-business hour support is $125.00 4.) Additional expenses shall be paid per Florida Statute 112.061. AMERICAN COMPUTER TECHNOLOGIES C5 Requested Forms RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Firm Name: Address: City: Telephone: FAX #: Type of Work: PROPOSERS QUALIFICATION FORM Tyy of Firm: Corporation/Years in Business: __ Partnership/Years in Business: __ Sole Proprietorship/years in Business: Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed Page 18 16 C5 /g-i-- Number of Personnel in Organization: Administrative: References: Professional: ~',~ Bank(s) Maintaining Account(s): Other References: Office: I ~- Shop: -~ Field: RFP No. 04-3536 -- Annual Contract for Instnunentation, Controls, Telemetry and SCADA Integration Services PROPOSERS QUALIFICATION FORM (Continued) Representative Contracts Completed During the Last Five Years: Year/Project Agency Contact Person Page 19 16 List Major Work Presently Under Contract: % Completed Agency Contact Person List Current Projects for Which Your Firm is Candidate for Award: Have you, at any time, failed to complete a project? Are there any judgments, claims or suits pending or outstanding by or against you? yes [~no r-] yes ~no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 20 PROPOSERS QUALIFICATION FORM Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: Title: Attested Title: Date: RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department Page 23 16 C5 I M PO RTAN T: proposal. PROPOSERS CHECK LIST Please read carefully, sign in the .spaces indicated and return With your bid Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Flodda 34112 10. The mailing envelope must be sealed and marked with: · RFP Number; · RFP Title; · Opening Date 11. The RFP will be mailed or delivered in time to be received no later than the specified openinq date and time. . ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THF OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date RFP No. 04-3536 - Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Declaration Statement FROM: Page 24 Board of County Commissioners Collier County Government Center Naples, Florida 34112 DATE DUE: October 24~ 2003 ~, 3:00 PM RE: RFP NO. 04-3536 - "Annual Contract for Telemetry Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #04-3536 as issued by Collier County on September 23, 2003. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will -qsult in damages to the County. ,N WITNESS WHEREOF, WE have hereunto subscribed our names on this ~'( day County of f3~h.J~ , in the State of ~'_ ., 2003 in the Firm's Complete Legal Name Check one of the following: Sole Proprietorship Corporation or P.A. [] Limited Partnership [] General Partnership Phone No. O~'f._.,1~ "7.--?..-(~ - Address City, State, Zip Typed a~nd W~itten Signature Title RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services 16 Page 26 Volume of Work Previously Awarded to Firm (Tie-breaker) In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the proposer, subject to verification at the County's option. See below. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. Once the final ranking has been compiled, the Selection committee will choose the short listed firms based on consensus, and not necessarily by the final ranking order of the firms. Fees List total fees for work done on all Collier County Government projects in the past five (5) years,' whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. Total Fees for work done on all Collier County projects Date: Signed: Title: Oc't-23-03 08:41A ACT ~078751188 16 COVERAF_.F__~ CERTIFICATE OF LIABILITY INSURANCE ~;~'~""'~--'--" ONLY ~ND C~FE~ NO ~75 U~ TN[ CE~Tt~ATE HOL~ TN~ C~F~ATE ~ES ~T AMEND. ~XTEND ~ ~t~ B C~M~RCE & ~OUSTRY I~.COMP~Y~ ~ HIRE'D/NON-OWNED 5AP ARE NO CC:~FO~A'r~ OWNED AUTO'S ~$URED C~T~', TE~METR~ & 5C~ IN1EG~T~ ~RVICE$. ~LDE~g445~/ANNUAL CON~T ~ iNST~ENTATiON' ~6 Cf. 16 (~mple~i~n c~f~arb 16 ~ 0 ~ I 0 0 16C5 MEMORANDUM Date To: From: Re: April 20, 2004 Lyn M.Wood Purchasing Agent Linda A. Houtzer, Deputy Clerk Minutes & Records Department Contract Agreements between the Board of County Commissioners and Exceptional Automation, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C5), approved by the Board of County Commissioners on Tuesday, January 27, 2004. One set of each document has been kept for our records and one of each has also been forwarded to the Finance Department. If you should have any questions, you may contact me at extension #8411 Regards, Enclosures THIS AGREEMENT is made and entered into this 27th day of 0anuary, 2004, by and beNveen the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner') and Exceptional Automation, Inc., authorized to do business in the $tate of Florida, whose business address is P.O. Box 981, Marietta, Georgia $0081-0981, (hereinafter referred to as the "Contractor"). WITNESSETH: COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2004 and terminating January 31, 2005, with three one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 04-3536 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in t~"~ next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16C5 THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). NOTICES: Ail notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Harry Nord, President Exceptional Automation, Inc. P.O. Box 981 Marietta, GA 30061-0981 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner .whatsoever, county facilities for any improper, immoral or offensive purpose, or for any Page -2- or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold Page -3- including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorJendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorJendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorJendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, Page -4- whether relating to or arising out of this Agreement or any other agreement and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, Page -5- equal employment and safety (including, but not limited to, the Trench Safety Act,thl~5~ Florida Statutes). If Contractor observes that the Contract Documents are at variance there~itl'rCft shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the Page -6- same, and any monies necessary to replace such loss or damage shall be ded t y amounts due Contractor. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a action taken in response to an consequences of the changes or change in the Contract Documents is required because of the emergency, a Change Order shall be issued to document the variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: Page -7- (1) The Release and Affidavit in the form attached as Exhibit "B". 16~5 (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the OWner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04-3536, any addenda, Page -8- any Quotation/VVork Order made or issued pursuant to this Agreement, and any reltec~le 5 specifications for any such Quotations or Work Orders. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, .,C.I¢),rk of Courts , ~,:~ ~ ..... ,, By .~G. Dated: ~ First ~itness T~~itn~~e ~ Second W~oss Type/Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA : .... Commi's~l~:;r~oonna :l;la, 6~alrman By: EXCEPTIONAL AUTOM,~,'TION C~tractor ~ :?/ ..,~ /.. ~ 'Sign~'ture'7 ( Typed Signature Title CORPORATE SEAL (Corporations Only) Appr~d as to forp3..~qd S"~tt 'l'~a%h Assistant County Attorney Page -9- Item# Agenda Date Rec'd -. _ Deputy Clerk EXHIBIT A PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and Bond No. Contract No. 04-3536 as , as Surety, located at__ (Business Address) are held and firmly bound to as Oblige in the sum of .($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200__, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this __ day of 200 , the name of under-signed representative, pursuant to authority of its governing body. Page-10- Signed, sealed and delivered - in the presence of: PRINCIPAL: 16C5 By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ , aS of 200M, by_ of ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: corporation, on behalf of the corporation. He/she is personally as identification and did (did (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witness as to Surety OR Page -11- Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ 200__,by ,as of to me OR has produced oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of , Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -12- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16C5 Bond No. Contract No. 04-3536 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ .) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. ourselves, our heirs, 200 WHEREAS, Principal has entered into a contract dated as of the __ , with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- This instrument shall be construed in all respects as a common law bond. It is expresS[/6~o ¢5 · that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply t bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this __ day of 200 , the name of each party being affixed and these presents duly signed undersigned representative, pursuant to authority of its governing body. by its Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of 200 , by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 16C5 Witness as to Surety Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of 200 , by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. He/She is personally known who did (did not) take an My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM 16C5 Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $. paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 200 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ,200 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.' Page-16- EXHIBIT C FORM OF CONTRACT APPLICATION .(County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: .(Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: FOR PAYMENT 16 5 Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ __% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date % % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page -17- CHANGE ORDER NO. TO: EXHIBIT D CHANGE ORDER CONTRACT NO. 04-3536 1605 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $. Present Agreement Amount $ ($ ) The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subj~;t to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200__ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By:. Page -18- EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION 16 5 OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page-19- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: 16 5 This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 By: OWNER Type Name and Title Page-20- EXHIBIT F CERTIFICATE OF FINAL COMPLETION 16C5 OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -21- 16C5 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,2004 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 By: OWNER Type Name and Title Page-22- EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CORPORATE SEAL CONTRACTOR BY: Attest: Page -23- EXHIBIT H 16C5 Collier County Standard Fee Schedule RFP 04-3536 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician Programmedlntegrator Mark-up for Parts $65.00 per hour $100.00 per hour 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -24- 84/~. 9/2004 09: 41 770977973Z NTGHDTPETTNS/EXECMT6 P~6E¢ 01/01 Certificate of Insurance 04-14-04 The Company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions cf Insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Addre;_~: .I. nsured's Name and Address:. Collier County Board of County commissioners EXCEPTIONAL AUTOMATION, INC 3301 E. Tamiami Trail P O BOX 98 ! ' Purchasing Building MARIETTA, GA 30061 Naples,,. Florida 34112 TYPE OF INSURANCE POLICY NUMBER AND EFFE-.C31VE IEXPIP~TION LIMII'~ OF LIABILITY ISSUING COMPANY DATE DATE ('Limits At Inception} GENERAL LIABILITY HARTFORD INSURANCE 03-t4-04 03-14-05 General Aggregate* []Premises-Operations #84$BMBT0650 $2,000,000 [] Products-Completed Operations Pr. Comp. Op. Agg.* $2,000,000 [] Personal & Advertising Injury Each Occurrence ~ Medical Expense $1,000,000 [] Fire Damage Legal Personal & Adv Injury i-lo, er Liability $1,000,000 Any One Person $ [] Any One Fire $300,000 AUTOMOBILE LIABILITY # HARTFORD INSURANCE 3-14-04 3-14-05 Bodily Injury BUSINESS AUTO #84SBMBT0850 (Earl1 Person) [] GARAGE (Each Accident) [] Owned Properby Damage [] Hired (Each Accident) Non-Owned Combined Single # Fill In Either Combined Limit $ 1,000,000 Single Limits or Split Limits EXCESS LIABILITY HARTFORD INSURANCE 3-14-04 3-14-05 [] UMBRELLA FORM #84SBMBT0650 Eacfl Occurrence $ 5,0OD,OD0 Aggregate SS,000,000 X- WorkerS' Compensatior~ STATUTORY LIMITS Bodily Injury Each A~ident and by a~ddent $ Bodily InJu~ Each Employee [] Employers' Uablii~y by Di~ase Badlly Injury Policy Limit by Disease $ 03-14-04 03-14.05 Gened Agg. Llmlt $2,000,000 ]'EOFESSZOI,~A[.. T. JAI~I]JTY ACE GROUP Wrongful Acts $1,000,000 #CRL129888 of the above describ~ policie.~ bc =ancelled bcfom the expiration datc, the in,~uraaoc company wiI] endeavor to mail 30 days writte~ notice, Description of Operations/computer consulting, programming, analysis. Above certificate holder is also listed as an additonoal insured. Auti3orized Representative; DIPETRILLO AGENCY INC 1000 JOHNSON FERRY RD, ,SUITE G-1 MARIE'I-FA, GA 30088 Cas. 3840-A (9q59) Exceptional AUTOMATION~ INC. 16C5 October 23, 2003 Purchasing Department Collier County Government Center 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 To Collier County, I am submitting this complete proposal for RFP ~04-3536 - Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services. Credentials I, Harry Nord, have over six years of hands-on experience in working with Intellution software including Fix32, iFix and numerous I/O communication drivers. I have worked in the support department of Intellution for 2 years and then in the field in a technical sales role for 3 years. Prior to working on the products, I have officially completed Fix32 and iFix training courses required. More recently, I have worked with various customers troubleshooting, improving and installing Intellution software. My expertise in this area make me especially qualified to work with Collier County on systems where Intellution software is being installed, upgraded or utilized. I have also interfaced an Intellution iFix System with a DataFIow system. I have subcontracted Control System's Design(CSD) to provide Emergency on-site support for PLC Programming services and SCAD^ programming services. CSD has over 23 years experience in the Automation arena. I look forward tow working with Collier County in the Support and Installation capacity for Instrumentation, Controls, Telemetry, and SCAD^ Integration services. Exceptional ^utomation, Inc. 770-32~-2~00 hnord@exlaut, com P.O. Box 981 * Marietta, GA 30061-0981 TEL (770) 329-2600 · FAX (770) 804-1516 August 1999 January, 2003 to Present July, 1998 to December, 2002 January, 1997 to June, 1998 February, 1995 to December, 1996 July, 1993 to January, 1995 16C5 HARRY B. NORD PO Box 981 Marietta, GA 30061-0981 Phone (770) 329-2600 Fax (770) 804-1516 Microsoft Certified Professional - Microsoft Visual Basic 6.0 Professional Experience EXCEPTIONAL AUTOMATION INCORPORATED Atlanta, Georgia President / Programmer Analyst II. Implement computer based supervisory control and data acquisition solutions for customers in various industries including discrete manufacturing and pulp/paper. Design, install, and configure complete Intellution Fix32/iFix Supervisory Control and Data Acquisition systems on distributed networked systems. Code custom solution requirements using Microsoft Visual Basic and VBA. Install and configure iHistorian and infoAgent Plant Intelligence applications to allow users to monitor their key performance indicators and process to reduce and prevent downtime. INTELLUTION INCORPORATED Atlanta, Georgia Senior Applications Engineer. Demonstrate features, functionality and capabilities of all versions of Intellution HMI Control Software to customers in pre-sale situations including FIX32, iFix, and [Batch. Provide consultation on implementation of manufacturing software to users of Intellution software. Provide direction in coding specific customer requirements via Microsoft Visual Basic as needed. Install and demonstrate the abilities of iHistorian and infoAgent Plant Intelligence applications to demonstrate IVIES functionality and reporting. Provide local technical support to users of Intellution software and device Input/Output communication drivers. INTELLUTION INCORPORATED Foxborough, Massachusetts Driver and Application Support Engineer. Respondto customer issues that arise throughthe use of all versions of Intellution's industrial automation software including DMACS, FIX, and [FIX. Setup PLC communications hardware and configure software to duplicate specific I/O communication driver issues for resolution. Utilize advanced technical abilities to provide support in all areas of configurations, set-up analysis, solving hardware and software specific issues. KRONOS INCORPORATED Chelmsford, Massachusetts Global Support Engineer. Analyze and answer customer issues that arise through the use of Kronos Time Management Systems. Perform technical analysis, research, testing, and troubleshooting on software and hardware related issues. STREAM INCORPORATED Canton, Massachusetts Microsoft Windows 3.x Support. Develop and implement testing procedures; debug, install and document malfunctions with input and output systems utilized by Windows applications. Explore defect models and test processes to ensure highest possible quality performance standards for all software products. References and Further Data Available Upon Request Exceptional 16C5 AUTOMATION, INC. REFERENCES The following are some of my clients who have agreed to be references. Feel free to contact any of my references about their work experience with Exceptional Automation and Harry Nord Fujifilm, Inc. P Plant 921 Hwy. 246 South Greenwood, SC. 29648 www.fuii.qreenwood.com Contracting Officer: Wayne Cockrell, Engineering Manager, 864-223-2888 ext. 1452 Technical Representative: Darryl V. Spencer, Instrumentation and Controls Technician - Phone: 864-223-2888 ext. 1502 Exceptional Automation was chosen for this job since Harry Nord had extensive experience using Microsoft Visual Basic and Intellution iFix HMI/SCADA application. · The requirements were to add functionality that improved their manufacturing process and troubleshoot issues. KHS - Bartelt Inc. 5501 N. Washington Blvd. Sarasota, FL 34243 www.barteltinc, com Contracting Officer: James R. Bradstreet - Phone: 941-359-4000 Technical Representative: Robert Lam, Design Engineer- Phone: 941-359-4000 Exceptional Automation was chosen for this job since Harry Nord had extensive experience using Microsoft Visual Basic and Intellution iFix HMI/SCADA application. · The requirements were to rebuild two nodes for two packaging lines that utilized both VB and iFix. Bonita Springs Utilities, Inc. 11860 East Terry Street Bonita Springs, FL 34135 www. bsu.us Contracting Officer: Cynthia McHenry - Phone: 239-992-0711 Technical Representative: Jimmy Williams - Phone: 239-390-4826 Exceptional Automation was chosen for thus job since Harry Nord had extensive experience using the Classic Historian within iFix. · The requirements were to repair historical data loss issues and correct redundancy configuration so that both SCADA nodes maintained historical data regardless of which node was the pdmary node. CONTROL SYSTEMS DESIGN, INC. 7282 55th Avenue East # 200 Bradenton, FL. 34203 Phone (941) 907-8815 Fax (888) 667-5637 Pager (888) 691-0150 BUSINESS RESUME CONTROL SYSTEMS DESIGN, INC., has provided engineered solutions for a variety of process control applications for over 23 years. CSD comprises a group of highly qualified professionals clearly committed to, and specialized in, the design, development, integration and implementation of solutions for the chemical, petrochemical, water, wastewater, pharmaceutical and manufacturing areas of real-time control, data acquisition and reporting, and factory automation. At CSD, our engineered solutions provide for a complete system integration from the field instrumentation, hardwired and radio telemetry to the specific control system, be it distributed (DCS) or supervisory (SCADA), utilizing distributed I/O or programmable logic controllers (PLC). As a full-service systems integrator, we provide such services as: Hardware and software specification, installation, configuration and programming. · Graphical display specification, creation and implementation. · Process, historical and relational database configurations and setup. · Report package specification, creation and implementation. · Intranet / Internet specification, installation, configuration and programming. · Commissioning, checkout, process start-up and troubleshooting. · Complete system wide documentation, training and warranty service. CONTROL SYSTEMS DESIGN, INC., can assist you in achieving your objectives, from the small business to the large corporation, from the initial planning stages to completion of your project, or update of an existing installation. We welcome a call from you to discuss your current and future needs. CONTACT: Mark Biehl Email: radar7@gate.net 16C5 CONTROL SYSTEMS DESIGN, INC. 7282 55th Avenue East # 200 Bradenton, FL. 34203 Phone (941) 907-8815 Fax (888) 667-5637 Pager (888) 691-0150 CLIENT LIST Our clients consist of local, national and international corporations and businesses. our previous and current clients include: ADS Services, Inc. Badger Design and Constructors Bausch & Lomb Boyle Engineering Corporation CH2M Hill City of Boynton Beach - East / West VVTP City of Cocoa - Dyal VVTP City of Delray Beach - VVTP City of Hollywood - WVVTP Computer Assisted Technologies Gainesville Regional Utilities Johnson Yokogawa Corporation Kimley-Horn and Associates, Inc. Martin County Utilities Mobil Chemical Company Monsanto Chemical Company Poole and Kent Company Sierra-Misco, Inc. South Martin Regional Utilities Underground Construction Management, Inc. Water Conservll - Woodard & Curran Westinghouse Power Generation Division Some of Huntsville, AL Tampa, FL Tampa, FL Orlando, FL Gainesville, FL Boynton Beach, FL Cocoa, FL Delray Beach, FL Hollywood, FL Melbourne, FL Gainesville, FL Newnan, GA West Palm Beach, FL Stuart, FL Beaumont, TX St. Louis, MO Miami, FL Sacramento, CA Hobe Sound, FL Palm Bay, FL Winter Garden, FL Orlando, FL MARK BIEHL, P.E. CONTROL SYSTEMS DESIGN, INC. ?282 55th Avenue East # 200 - 8radenton, FL. 34203 Phone (941) 907-8815 Fax (888) 66?-563? Pager (888) 69~-0150 Present and Past Clients: BAUSCH & LOMB - Tampa, FI 1/00 to present Ongoing modifications and enhancements to an existing ClP/SIP, in place cleaning system, for addition of filler lines and kettles. Controls consist of Allen-Bradley SLC 5/03 with a FIX32 HMI/SCADA interface, utilizing Access and Crystal Reports to produce certified cleaning reports. CH2M HILL - Gainesville, FI 2/00 to 7/01 Ongoing modification, completion and testing of the offsite systems, well and repump, and PCI ozone control systems integration for the Dyal Surficial and Lime Softening WTP in Cocoa. Controls consist of Siemens TI545 PLC's with a Intellution FIX32 HMI/SCADA interface. Ongoing programming and completion of wide area reclaimed water system for Hillsborough County. Controls consist of Allen-Bradley PLC 5/40E and SLC 5/05 PLC's, Omnii-Comm communication modules and Modicon RTU's, with a Citect HMI/SCADA interface. CITY OF BOYNTON BEACH - Boynton Beach, FI 5/98 to present Ongoing programming, phone support and emergency call out services for the East Lime Softening WTP and the West RO WTP. Controls consist of Siemens TI545 PLC's and Data Flow RTU's with a Intellution FIX32 HMI/SCADA interface. KIMLEY HORN & ASSOCIATES - West Palm Beach, FI 4/98 to present Ongoing programming and control modifications and enhancements to the Martin County water system including new construction and revamp of existing installations. Controls consist of Siemens TI545, Allen-Bradley PLC 5-40 and SLC 5/04 PLCs with a Intellution FIX32 HMI/SCADA interface networked throughout the County. Ongoing programming and hardwired modifications and enhancements to the South Martin Regional Utilities south plant. Controls consist of Square-D and Allen- Bradley SLC 5/02 PLC's with a local register display interface. 16[ 5 COMPUTER ASSISTED TECHNOLOGIES- Palm Bay, FI 4/98 to 9/01 Provide technical support, systems integration, I/O OPC drivers, relational database and interface configurations, report and maintenance packages, and generic and specific training for all Intellution FIX and iFl× HMI/SCADA packages. WOODARD & CURRAN - Winter Garden, FI 2/98 to present Ongoing modifications and upgrades to the Conserv II wastewater reuse distribution control system. Controls consist of Siemens IT-160's and S7-226 PLC's in remote hardwired and spread spectrum Modbus communications with main units using TI- 545 PLC's communicating via hardwired and radio telemetry TIWAY to a Wonderware Intouch HMI/SCADA interface. Upgrades included addition of various remote and main sites, enhancements to the existing PLC logic and graphical displays, database and scripting, and a re-map of the remote PLC communications data to Wonderware to enhance polling communications performance. MARTIN COUNTY ENVIRONMENTAL SERVICES - Stuart, FI 10/97 to present Ongoing programming, phone support and emergency call out services for the Tropical Farms RO WTP, the Dixie Park VVWTP, and the North RO plants. Controls consist of Siemens TI545, Allen-Bradley PLC5/40 and SLC 5/04 PLC's, Omnii-Comm communications modules, with a Intellution FIX32 HMI/SCADA interface. UNDERGROUND CONSTRUCTION MANAGEMENT - Palm City, FI 3/99 to 12/99 Programming of Allen-Bradley SLC 5/03 PLC's communicating via radio peerlink, and Intellution FIX32 HMI/SCADA graphical displays and database for the addition of well pump sequencing and fill valve control for Martin County Utilities' Vista Salerno re-pump station. POOLE AND KENT COMPANY - Miami, FL 6/97 to 8/98 Programming of Square D, Mitsubishi, and ALLEN-BRADLEY SLC PLC's, and Intellution FIX SCADA graphics and database for the startup of the City of Hollywood WWTP lime stabilization revamp. Also provided training and a complete set of CAD as- built drawings. i6C5 JOHNSON YOKOGAWA CORPORATION - Orlando, FL 1/88 to 6/97 Project management for various projects throughout Florida, providing design, programming for Siemens TI 530, 545, 565, IT160, Allen-Bradley PLC5/30, PLC5/40E, SLC PLC's, Intellution FIX, JCl5000 and Realflex HMI/SCADA, startup, training and all supporting field instrumentation. Provided configuration, programming and startup for Data Flow Systems, Motorola and Repco based remote telemetry units RTU, configuration and programming for Moore 352 controllers, Dupline I/O and WIN911 system. MOBIL CHEMICAL COMPANY - Beaumont, Tx 2/85 to 7/96 Detailed check, correction, and translation of the existing Forney ECS1200 DCS system sequential application programs for a Polyethylene Plant catalyst preparation and reactor area control logic, in order to migrate to an Allen-Bradley PLC-3/Foxboro I/A HMI/SCADA system. Following the translation, detailed rewrite of the Allen-Bradley PLC-3 program and extensive onsite configuration, commissioning, debug and start-up of the above. ADS ENVIRONMENTAL SERVICES- Huntsville, AL 7/88 to 6/95 Warranty and maintenance services for the DEC based HMI/SCADA control system installed for the City of Orlando Water Conserv II wastewater treatment plant. WESTINGHOUSE POWER GENERATION DlWS~ON - Orlando, FL 12/91 to 4/95 Provide instrumentation and controls claim analysis for negotiations with the General Contractor on claims for additional construction costs for two Combined Cycle Cogeneration Power Plants. Controls included WDPF DCS systems and all supporting field DPU's, PLC's and instrumentation. SIERRA-MISCO, INC.- Sacramento, CA 7/91 to 11/91 Troubleshooting, upgrade, configuration and repair of a well field water monitoring system for Sarasota County. Controls included in-well pressure and conductivity sensors, conductivity transmitters, 12 Volt dc solar powered RTU's, radio transmitters, and other field devices, and all transmitting data via the RTU to a central QNX based SCADA system for data acquisition. BADGER DESIGN AND CONSTRUCTORS - Tampa, FL 12/89 to 4/90 Development of the scope of the existing control system and layout of a new control room, creation of process control diagrams, and logic diagrams to integrate this system to an existing TI D/3 DCS system. ExcEptional AUTOMATION~ INC. 16C5 October 23, 2003 Cost Proposal 1. Replacement parts: Cost + 10% 2. Emergency On-site work out side of normal business hours(7am-5pm) will be billed at the same hourly rate. a, Each onsite call will be carry a three hour minimum. Service Cost Per Hour Technician: Programmedlntegrator: $49.00 per hour $99.00 per hour a. All hourly rates listed are inclusive of all travel costs. P.O. Box 981 · Marietta, GA 30061-0981 TEL (770) 329-2600 · FAX (770) 795-3174 RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services PROPOSERS QUALIFICATION FORM Firm Name: Address: City: Telephone: FAX #: Exceptional Automation, Inc. PO BOX 981 Marietta State GA__ Zip 30061 (770) 329-2600 (770) 804-1516 Type of Work: configuration, IO driver confiquration and troubleshooting, Alarming, Redundancy configuration, Graphic display animation and development. specific training. Type of Firm: X Corporation/Years in Business: 1 __ Partnership/Years in Business: __ Sole Proprietorship/Years in Business: Intellution Software implementation and configuration: Fix32 and iFix. Database Historical Data trending,, On-site support and proiect Officers/Partners or Owners & Experience: Name Title Years of Experience in Work Listed Harry B. Nord President Six(6)+ Number of Personnel in Organization: Administrative: Professional: 1 References: Bank(s) Maintaining Account(s): Office: Shop: __ Bank Of America Field: Other References: RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services PROPOSERS QUALIFICATION FORM (Continued) Representative Contracts Completed During the Last Five Years: Year/Project Agency Contact Person 2003/P-Plant production 2003/Packa.qin.q 2003/Reverse Osmosis Fuii-Film Darry! Spencer Klockner Bartelt Robert Lam City Of Bonita Springs Cynthia McHenry List Major Work Presently Under Contract: % Completed Agency Contact Person 5% Marion White, Inc. Marion White - 704-509-6954 List Current Projects for Which Your Firm is Candidate for Award: Fix32 to iFix upgrade of a Chemical processing plant - 20 total nodes One year maintenance contract for a film processing plant 12 nodes VDOT MTTMS proiect. 2 SCADA Nodes with extensive database Have you, at any time, failed to complete a project? Are there any judgments, claims or suits pending or outstanding by or against you? r--i yes ~no I--1 yes ~/'no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: None. RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services PROPOSERS QUALIFICATION FORM (Continued) Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: Exceptional Automation, Inc. By: Harry Nord Title: President/CEO Attested By: Title: Date: FROM : CL 1FTON HARR ] SON, CPA, P. C. Colliec C::oLIfl~ Iqo~Mo Ineur~,r~e Rmluimme~ FAX NO. :770 8~4 1516 Oct. 23 2003 03:34PM P2 ~0-~05-3174 1'6 Commercial General Uabi'iflf (Occunenoe Form) patterned afll' the current I.S.O. form with no limiting endafaemente. al~cl~v I nlun~.&Pmoem~ $I,000,000 Sinlla LImE Per Oc=urrence 3. IndemnificatiOn: The Col1~ultar~, in cortsi~lerat~an of One H~al O~lers ($1~.~). the in~ ~ ~ and all m~ of I~ifion a~ j~gme~ a~i~ ~ ~ I~ ~1~1 ml~m~ ~ ~li~ ad, e~ or ~bg~n of ~ C~u~ ~ ~~, agen~ ~ffo~ ~er~n~r. ~b ~s~ I~ll a~ ~ ~ any ~ims ~ht ~8ifl~ ~ Cou~ ~ any ~pl~ of ~ na~ C~au~N, ~y ~~, a~n~at, ~ Thb se~ion d~ not plan ~ any ~ ~Ilng ~ the sole n~l~en~ ~ CMler ~un~. / A~le 5. Omer Insurance aa lndlcaled belaw: a) PJ'OfeeBh3naI Llabill~ $ -O,- b) 8utldefs Risk 1-0- FROM :CLIFTON HARRISON,CPA,P.C. LB/23/2~03 1B;3~ 77§977~7~1 Oat 23 03 l~t4iA FAX NO. :770 804 1516 HIGND~PL~TYNC/L:~L-~MTG Oct. 23 2003 03:J4PM PJ p~f'¢. 02/03 I'6C .5 RFP Ne. 04..3.~ - Altnml C~x~r~ ~r [~.en~md~l, CMW~I~ T~I~ ~d ~AOA ~ ~lc~ Ps&e 22 CMlier County Flodd~ Insurance R~lulmmentm (Continued) Coatrac~r shall Ins~ra that al ~uttontrado~ =~mply ~ the e~e i~um~e r~ul~ ~ he · ~ ~ ~. ~ ~me ~~ shall pr~ ~ ~n~ ~ ~]~ ~ ~sum~ m~ng the ~ui~ ~a~ p~=, X 7. Collier County must be named as ~'ADorrloNA]. IJSIJRED' on the Insurance Certificate for Cem~ General Liability. X 8. Collier count Bo.rd o~ cour Commis$lonem ahall be named a~ the Certificate Holder. NOTE: The 'Cmtificnte Holder" ~houlct C~er County Board of Cout~ Commtssbnem 3301 E~eI Tamiaml TI~II Naples, FL 34112 ~ g, Thirty (30) I:)ay~ Canr. allati~ Nollee is required. 10. The Certlfica~ must M;~I~ the RFP Number and BIDDER'S AND INSURANCE AGENT STATEMENT: We understand fhe insurance requlremer~ oontained In these speaiFmador~, and that the en4derme said b'muranc~ may be required within five (5) business dlly~ ~ ~ award of RFP. RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department Page 23 16C5 PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Flodda 34112 10. The mailing envelope must be sealed and marked with: RFP Number; · RFP Title; · Opening Date 11. The RFP will be mailed or delivered in time to be received no later than the specified openinR date and time. ALL COURIER DELIVERED BIDSIRFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Exceptional Automation, Inc. C°mpany~NTe //} Signature~ Date RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Board of County Commissioners Collier County Government Center Naples, Florida 34112 Declaration Statement I DATE DOE: October 24~ 2003 Page 24 16C5 RE: RFP NO. 04-3536 - "Annual Contract for Telemetry Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #04-3536 as issued by Collier County on September 23, 2003. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ,~ day~ (~)C-{-o~o~¢ ,2003 in the County of (~o~ , in the State of ~-~- . Exceptional Automation, Inc. Firm's Complete Legal Name Check one of the following: Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership Phone No. 770-329-2600 FAX No. 770-804-1516 PO BOX 981 Address Marietta, GA 30061 City, State, Zip BY: Harry Nord Typed and~W~en Signature/ P resi~dent~~~ ~/-~ Title 0ct=14-03 07:5t~ Froa-Col l ier County Purchasin~ 941 732 0844 T-497 PJ=P No. 0~-3536 -Annual Contmc~ for InStrumentation, Controls, Telemet~ and SCALA Integral~n Setvice~ COST PROPOSAL Service Cost Per Hour $ ~, ~)~) _ hour Technician $ ~'~. O0 _ hour Programmer/Integrator Point of Origin of Technician Point of Origin of Programmer~retor List of proposed technicians, programmers and other personnel with ~esumes and references attached? References attached? [~no [~] no P.008/008 F-777 Add~nd~ #1 EMERGENCY & ON-CALL WORK Contractor is asked to provide willingness to respond to emergency and on-call service requests as defined on page 4 of this RFP~ye~s Emergency Service Requests? ~yes On-call Service Requests? [] no [--J no A "yes" response to either of the above assumes full willingness to: l) Meet timely response 2) Be available to n~spond to such calls 24 hours a day, 365 days a year 3) Maintain updated and accurate on-call list as delineated in the Emergency Work section of this RFP, pages 4 and 5. Should the successful respondent who has been awarded contract and who has also, in this RFP, indicated this willingness, subsequently fail to meet these terms, the county reserves the right to contract substitute services in accordance with the Substitute Performance section as described on Page 7 of this RFP. RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Page 26 Volume of Work Previously Awarded to Firm (Tie-breaker) 16C5 In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the proposer, subject to verification at the County's option. See below. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. Once the final ranking has been compiled, the Selection committee will choose the short listed firms based on consensus, and not necessarily by the final ranking order of the firms. Fees List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. Total Fees for work done on all Collier County projects Date: Signed: Title: RFP No. 04-3536 -- Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services Qualifications and Credentials of Bidder & Staff Survey Page 27 16C5 Many different skill sets and areas of expertise are being solicited within the framework of this RFP. In order to better ascertain the specific qualifications of each proposer, we solicit your responses and descriptions of service offerings. If a specific skill set is not met or proposer does not otherwise offer services as listed and described, then proposer should indicate so and explain if deemed necessary. "No" responses are not used as a basis for disqualification, as the County realizes that these many different skill sets are and service sectors vary with each company/entity. Personnel Certifications and Designations / Electrician(s) on Staff? E~] yes g no Indicate name, office/field location of designee, type (Journeyman, Master, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable Professional engineer(s) on Staff? Ii,ryes E~ no Indicate name, office/field location of designee, type (PE or El), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Radio Frequency Certifications of Staffmember(s)? [] yes[~r'no Indicate name, office/field location of designee, type, and license number within the body of submitted proposal; attach copies of license(s) if applicable. Network Certified Staffmember(s)? [] yes[~no Indicate name, office/field location of designee, type (MCSE, MCSP, other), and license number within the body of submitted proposal; attach copies of license(s) if applicable. Proposer's Technical Capabilities // General Instrumentation Maintenance/Troubleshooting Capabilities?[~yes [] no Within the body of submitted proposal, indicate knowledge/familiarity/certification in configuration, calibration and system integration of various instruments, including (but not limited to) devices to control/monitor flow, level and pressure. Submittal shall further describe knowledge of subject instruments by make and models, technology type, and any special calibration techniques and/or equipment (such as Hart protocol or Rosemount Smart interface) that the proposer utilizes to service these instruments. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. Radio/Communications Diagnostics/Maintenance/Troubleshooting Capabilities? II,ryes E~no Within the body of submitted proposal, indicate knowledge/familiarity/certification in the implementation, diagnostics and maintenance of radio frequency and other communications media. Submittal shall further describe knowledge of communication technologies (such as radios, modems, and fiber equipment) by make and models, plus diagnostic equipment (such as RF wattmeters, spectrum analyzers, and frequency counters) that the proposer utilizes to service the communications technologies. Attach listing of authorized service/calibration designations and provide copies of certifications if applicable. /' PLC Programming Capabilities? [~yes E~] no Indicate PLC ladder logic/other programming knowledge/familiarity, by make and models, within the body of submitted proposal; attach verification of programming training levels/designations/certifications as recognized by manufacturers or other industry recognitions, if applicable. ~ VFD Programming and Configuration Capabilities? [~yes E~] no Indicate VFD configuration and service authorizations, plus any other knowledge/familiarity, by make and models, within the body of submitted proposal; attach service authorizations or training levels/designations/certifications as recognized by manufacturers, if applicable. / HMIISCADA Programming Capabilities? ~'yes r--] no Indicate SCADA software programming and screen generation knowledge/familiarity, by make and models, within the body of submitted proposal Control Panel Fabrication UL-508A Approved Panel Manufacturer? yes ~no Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 3336667 OR: 3492 PG: 1370 RECORDED in OFFICIAL RECORDS of COLLIER COUM?L ~L 01/29/2004 at 12:437M DWIGHT E. BROCK, CL~RK ~c F~ 15.00 Retn: 1609 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Perrine Enterprises, a Florida General Partnership Whose mailing address is 2470 Tarpon Rd Naples, FL 33962 Bearing the date of the 10th day of May 1996, recorded in Official Record Book 2181 Page(s) 1079, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real p. roperty. The Lien secures the principal sum of Ninety-Four Thousand Five Hundred Dollars and No cents ($94,500.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: See Attached Exhibit A FOLIO NUMBER: 61841680000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. -: ~IGt'4 'T E.' BROC~*i'~I..~RK AP'prove~a~ ~ form ~nd lega~ RO~ER~ ZA~Y BOARD OF COUNTY COLLIER COUNTY, F~.'tDA A-q, THE GOVERNING BODY ~..~.,O, LLIER COUNTY AND AS EX'J~FF,CIO THE GOVERNING BOARD ~ THE C0~LLIER COUNTY WATER-SEWER DISTRICT. ~ _ CHAIR OR: 3492 PG: 1371 EXHIBIT "A" LEGAL DESCRIPTION 16C9 Lot 122 and that part of Lot 121 lying East of a line continued due South from the North and South line between Lots 122 and 123 to the South line of Lot 121 and North of a drainage easement as described in Deed Book 28, Page 124, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS, NO. 2, according to plat in Plat Book 1, Page 27, excepting therefrom: The parcel of land herein described being a part of Lot 122 of the Naples Groves and Truck Company's Little Farms, No. 2. Commencing at a point 250 feet Northwesterly along the right-of-way of said State Road #27 from the point at which the dividing line between Lots 122 and 120 touches the line of the right-of- way of the said State Road #27, thence Northwesterly 50 feet along the line between the said right-of-way and the said Lot 122; thence 150 feet back into the body of the said Lot 122, the line being at an angle of 90° with the line of the right- of-way of State Road #27; thence 50 feet Southeasterly parallel with the said right-of-way and thence 150 feet to the Place of Beginning. That part of Lot 122 of Naples Groves and Truck Company's Little Farms No. 2, as shown on plat recorded in the Public Records of Collier County, Florida, in Plat Book 1, at Page 27, which is described as beginning at the intersection of the East line of said Lot with the South side of the Tamiami Trail; thence in a Northwesterly direction along the South side of the Tamiami Trail 15 feet for a Place of Beginning of the land herein conveyed; from this Place of Beginning continue in a Northwesterly direction along the South line to the Tamiami Trail a distance of 135 feet to a point on the South line of the Tamiami Trail; thence in a Southwesterly direction at right angles to the Tamiami Trail a distance of 190 feet; thence in a Southeasterly direction parallel to and 190 feet distance from said Tamiami Trail 263 feet, more or less, to a point which is 15 feet West of the East line of said Lot 122; thence North parallel to the East line of Lot 122 and 15 feet distance therefrom, 200 feet to Place of Beginning of the land herein described. The parcel of land herein described, being a part of Lot 122 of the Naples Groves and Truck Company's Little Farms, No. 2; commencing at a point 300 feet Northwesterly along the right-of-way of State Road #27, from the point at which the dividing line between Lots 122 and 120 touches the line of the right-of-way of said State Road #27; thence Southwesterly at right angles thereto 150 feet; thence Southeasterly at right angles and parallel to said State Road #27 a distance of 50 feet; thence Southwesterly at right angles a distance of 56 feet; thence Northwesterly at right angles and parallel to said State Road #27 for a distance of 46 feet to the line dividing Lots 122 and 123 of said Naples Groves and Truck Company's Little Farms, No. 2; thence North along said dividing line to the Southerly line of the right-of-way of State Road #27; thence in a Southeasterly direction along the Southerly line of said State Road #27 a distance of 165 feet to the Place of Beginning. From the intersection of the East line of Lot 122 of Naples Grove and Truck Company's Little Farms, No. 2, as recorded in Plat Book 1, Page 27, Collier County, Florida, records, with the South line of the Tamiami Trail, run south along said east line of Lot 122 for 229.08 feet, thence north 20 feet to establish Place of Beginning from said Place of Beginning run north 50° 43' 30" west 189.81 feet; thence south 00° 13' w 200.16 feet; thence east 147.74 feet; thence north 100 feet to the Place of Beginning. The described property being a part of the above described Lot 122 and containing 23,528 square feet, more or less. For the purpose of this description the east line of Lot 122 is considered a true North- South line. Also, The easterly 45 feet of Lots 44 to 67 inclusive as measured at right angles to the east line of Lots 44 through 67 inclusive, ROYAL PALM TERRACE, according to plat in Plat Bock 1, Page 35, and the East 45 feet of, the following described property: The East 246.3 feet of the West 271.3 feet of Lot 121, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS #2, according to plat in Plat Book 1, page 27, lying North of the center line of the drainage easement, and subject to said easement, as recorded in Deed Book 28, Page 122 and Deed Book 28, Page 126, and EXCEPTING THEREFROM that certain parcel of land deeded from Eugene Gandees and Doris Gandees to W. B. Weese, recorded in Deed Book 4, Page 208. All recording references being in the Public Records of Collier County, Florida. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 16t lu 3337075 OR: 3492 PG: 2777 RICORDJD in 0F~IClAL R~¢0RD8 0[ C0LLIJR C0UN?¥, 01/30/2004 ag 08:47A8 DilGII? g. BROCK, CLSRI RiC ~! 6.00 COPIBS 1.00 Rein: CLBRK TO ?H! BOARD 7240 Property Folio No. 36379600008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BANK OF AMERICA, N.A. PO BOX 26388 RICHMOND, VA 232606388 Lien was recorded on the 3rd day of October 2001, in Official Record Book 2901 Page 1783 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Hundred Dollars and No Cents ($700.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8, BLOCK 214, GOLDEN GATE, UNIT 6, PART 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. DWIG~.T E, ,"Bg~CK'; :Cfeffi,: Approved as to fo~ andy BOARD OF COUNTY COMMISSIONERS, COLLIER/~NTY, FLORIDA CHAIRt(/IAN "~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 16C10 *** 3337076 OR: 3492 ?G: 2778 *** RR¢0RDRD in 0F~I¢IAL BBC01tD8 of C0LLIllR ¢0UN?Y, ~L 01/30/2004 at 08:J, 7Ali D#IGHT B. BROCK, CLBR[ ~C FBg 6.00 COPIES 1.00 Retn: CLBRK TO ?HR BOARD IFFBROFFICR 47H FLOOR 7240 Property Folio No. 23371080008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jerome Bienenfeld ET UX 3545 Pine Tree Drive Miami Beach, FL 33140 Lien was recorded on the 30th day of December 1996, in Official Record Book 2266 Page 0164 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Five Hundred Twenty Dollars and Forty One Cents ($2,520.41) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT #33 OF BAYVIEW PARK Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2004. BOARD OF COUNTY COMMISSIONERS, COLLIER~NTY, FLORIDA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337077 OR: 3492 PG: 2779 *** RECORDED in OF~ICIJ[L ltl¢ORBS of COLLIER COUI(?~, FL 01/30/2004 at 08:47AK DilGli'r E. BROC[, CLERIC RIC FS! 6.00 Retn: CLERK TO ?HB BOARD IN?BROFFICE 47H FLOOR BlT 7240 COPIBS 1.00 16C10 Property Folio No. 62570960003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H. JAVIER CASTANO & SHERRY L. 8235 WlLSHIRE LAKES BLVD NAPLES, FL 34109 Lien was recorded on the 30th day of April 2002, in Official Record Book 3027 Page 2695 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 14, 15, 36, 37 AND 38, BLOCK 17, NAPLES PARK, UNIT 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. Approved as to fora BOARD OF COUNTY COMMISSIONERS, COLLIER~~/~NTY, FLORIDA/ By: '¥"~ ~.~_.~ CHAIRfVlAN - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337078 OR: 3492 PG: 2780 *** RII¢ORDBD in OFFICIAL H¢0RD8 of COLLIRR COlIN?l[, FL 01/30/2004 at 08:47A11 DRI(~Ii? ~. BROCI, CLBR[ ~C HB 6, O0 Retm CL~RK ?O TBB BOARD H? COPIES 1.00 16C10 Property Folio No. 62101760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CRAWFORD, HENRY 5430 MARTIN ST NAPLES, FL 34113 Lien was recorded on the 2nd day of January 2002, in Official Record Book 2956 Page 0736 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. and legal suffici~gllcy ROBERT ZACHARY BOARD OF COUNTY COMMISSIONERS, COLLIER;~UNTY, FLORIDA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337079 OR: 3492 PG: 2781 *** R~CORDBD in OFPICIAL RBCORII$ of COLLIIR CO~l, ~ 01/30/20M at 08:~?AN D#IG~? l. BROCI, CLBRK COPII~ 1.00 Rets: C~[ ?0 ?H! BO~ INT~ROPFIC! 4TH PLOOR ,,,,.o 16C10 Property Folio No. 62101760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CRAWFORD, HENRY 5430 MARTIN ST NAPLES, FL 34113 Lien was recorded on the 21st day of August 2001, in Official Record Book 2879 Page 0136 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATTEST; ~'.-"..,.,.:~. "-,? ", BOARD OF COUNTY COMMISSIONERS, ';';: ,2 ):';;:5~:,, ':7;, COLLIER;~~/;IINTY'FLORIDd__Z~..' $t~-.m.!~'.: '~' '.); CHAmMAN Approved as i~6 t%/-tff a~ncy ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337080 OR: 3492 PG: 2782 *** R~CORDBD in O~HClAh RBCORI)S of COhLIIR (O]N?¥, 01/30/2004 at 08:47AN D~IGH? ]. BROCK, RI~ ~]~ 6.00 ¢0PIBS 1.00 Retn: CLIRI ?0 ?H! BOARD Property Folio No. 62101760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CRAWFORD, HENRY 5430 MARTIN ST NAPLES, FL 34113-7820 Lien was recorded on the 19th day of December 2000, in Official Record Book 2756 Page 0061 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. BOARD OF COUNTY COMMISSIONERS, COLLIER;)UNTY, FLORIDA - ea t/z /oq This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337081 OR: 3492 PG: 2783 *** R]CORDRD in O~FICIAL ~CORDS of COLLIER COUN?~, FL 01/30/2004 at 08:47~ B#IOH? ~g FB~ 6.00 Retn: CLBRK TO ?H! BOARD IN?BROFFIC! 47H FLOOR BIT 7240 COPIES 1.00 16 10 Property Folio No. 62101760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Henry Crawford 5430 Martin St Naples, FL 34113 Lien was recorded on the 22nd day of February 1999, in Official Record Book 2515 Page 0955 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. Approved as to form /and legal su~L,,~..~..____2 BOARD OF COUNTY COMMISSIONERS, COLLIER~~NTY, FLORIDA By: CHAii~ANd~a~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337082 OR: 3492 PG: 2784 *** RBCOROED tn OFFICIAL RBCORDS of ¢OLLIBR COUNTY, FL 01/30/2004 a~ 08:47A# DWIGHT B, BROCK, CLBRK RIC FEB 6.00 COPIIS 1,00 Retn: CLERK TO TH! BOARD ~ IN?BRO,,IC! 4?HFLOOR 1 6Cl U Ix? 7240 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Daniels, Phleany / J Brown Brown, Jennifer 220 l0th St. NE Naples, FL 34120 Lien was recorded on the 22® day of June 1998, in Official Record Book 2432 Page 2518 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, AVALONE ESTATES, BLOCK 6, UNIT 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. A-TITES-T;,; ,." ".::: . '",i~ :. DVq~IOH~ E:, B:P,:OC'K, Cr~rk Approved as to fo~ ROBERT Z~HARY BOARD OF COUNTY COMMISSIONERS, COLLIER;~NTY, FLORIDA ,Iz lo' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337083 OR: 3492 PG: 2785 *** REC0RDKD in 0P~ICIAL RKC01D8 of COLLIER COUNTY, ~L 01/30/2004 at 08:47A# D#I~I? E. BROCK, CLKRI RKC ~KK 6.00 ~OPIKS 1.O0 Retn: ~LERK ?0 ?HE BOARD IN,KROFFICB 4?HFLOOR i 3 Cl0 KI? ?240 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DANIELS, PHLEANY M. 220 l0th ST. NE NAP!.ES, FL 34120 Lien was recorded on the 5th day of December 2000, in Official Record Book 2750 Page 2053 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5 AVALON ESTATES BLOCK 6, UNIT 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2004. BOARD OF COUNTY COMMISSIONERS, COLLIER ~?~I/JNTY, FLORID? ,- CHAIRMAN Appro'ced as to form and legal sufficiency This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 3337084 OR: 3492 PG: 2786 R]¢ORB~D in OPPICIAL R]CORD$ of COLLIER COUNTY, FL 01/30/2004 at 08:47AN DNIGH? I. BROCK, CLBR[ RRC FEB 6.00 COPIBS 1.O0 Retn: CLBRK TO THE BOARD IN,BRO,,IC!47H ,LOOR1 6 C 1 7240 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLiER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DANIELS, PHLEANY M BROWN, JENNIFER L. PO BOX 90068 NAPLES, FL 34101 Lien was recorded on the 16th day of May 2001, in Official Record Book 2825 Page 1888 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, AVALON ESTATES, BLOCK 6, UNIT 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. Approved as to form ROBERT ZACHARY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: ~Tt~-~,~ J~~f., CHAIRilvlAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337085 OR: 3492 PG: 2787 *** R~CORDBD in OFFICIAL RSCORDS 0f COLLIBR COUNTY, FL 01/30/2004 at, 08:41U( Dt~IGH'I' B. BROCK, CLflRK RSC ~SS 6,00 Retn: CLSRK TO ?HB BOARD COPISS 1.00 16C10 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DANIELS, PHLEANY M BROWN, JENNIFER L. PO BOX 90068 NAPLES, FL 34101 Lien was recorded on the 3rd day of October 2001, in Official Record Book 2901 Page 1773 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, AVALON ESTATES, BLOCK 6, UNIT 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this dx/ of 2004. DW~flT E. BR~r,;Cle~:. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA B Y: C HA iR~A~lq'V"~'" -Red& [2 (oq This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337086 OR: 3492 PG: 2788 RBCORDIlD in OI~FICIAL RECORDS of ~OLLIIIR COUNT][, FL 01/30/2004 at 08:47A# B#IGllT B. BROCI[, CLBRK R~C ~! ~.00 COPII8 1.00 Retn: CLBRK TO ?H! BOARD I#?BRO~ICB 47H ~LOOR BIT 724O 16010 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DANIELS, PHLEANY M BROWN, JENNIFER L. PO BOX 90068 NAPLES, FL 34101 Lien was recorded on the 2nd day of January 2002, in Official Record Book 2956 Page 0738 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, AVALON ESTATES, BLOCK 6, UNIT 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ...... 2004. ATTEST: :. ; ',, DWI a4T E:,.BROC. Ki:Clar . signature' Approved as to fom and~j~ ROBERT ZALP~-IARY BOARD OF COUNTY COMMISSIONERS, COLLIER;~NTY, FLORID~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337087 OR: 3492 PG: 2789 *** RSCORD~D In OFFICIAL R~¢ORDS 0f COLLIER 01/30/2004 at 08:47~ DWIGH? ~. BROCK, 1.00 C~H~ ?0 ?~! ~0~ IH?BRO~FIC! 47H ~LOOR 16C10 Property Folio No. 68300003286 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GOLDEN FLORIDA RESORT, INC. 25000 TAMIAMI TR E NAPI.ES, FL 34114 Lien was recorded on the 14th day of May 2002, in Official Record Book 3036 Page 1496 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 64, OF PORT OF THE ISLANDS, PHASE TWO Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. Approved as to fo~ and legal sufficiency ROBERT Z~HARY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAII~AN --~'~ 16 10 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 31055005252 3337088 OR: 3492 PG: 2790 RICOIlDHD tll O~ICIAL RICORDS of COLLIIll COIIR?~, l~L 01/30/200i at 08:i7~ D~IGffT L BROCK, CL~R~ Retn: CLIR[ TO TH! HOARD IN?HRO~IC! {?ff ~LOOR HIT ?2{0 6.00 1.00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Montclair Fairway Estates Bldg Corp 800 Harbour Dr #3 Naples, FL 34103-4451 Lien was recorded on the 12th day of December 2003, in Official Record Book 3462 Page 1647 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 22, BLOCK M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETTONE PARK, PHASE ONE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2004. mbck, dl rk?: Approved as to fo~ RO~{ERT Z~ARY BOARD OF COUNTY COMMISSIONERS, COLLIER}~NTY, FLORIDA CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337089 OR: 3492 PG: 2791 *** ~¢O~D~D i~ OPFIClAL ~¢01t1~S of COLLI~ COUNT~, FL 01/30/2004 at 08:47AM D~IGB? B, BROCL CLBRK R~C ~!! 6.00 1.00 Retn: CL~R[ ?0 ?B! BOARD IN?~O~FI:! 47ff ~LOOR 16010 Property Folio No. 36444960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: MUZZONIGRO, GARY P. & DENISE M. 193 TOPANGA DR BONITA SPRINGS, FL 34135 Lien was recorded on the 3rd day of October 2001, in Official Record Book 2901 Page 1789 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Sixty Dollars and No Cents ($360.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 31, BLOCK 248, GOLDEN GATE, UNIT NO. 7 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATTEST: , DW~ Ei,,BRbCi~,Cler[; Approved as to fo~ ~Y BOARD OF COUNTY COMMISSIONERS, COLLIER/~NTY, FLORIDA B Y: CHA;X'~~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 3337090 OR: 3492 PG: 2792 *** RBCORDHD in O~IClAL RHCORDS of COLLIRR COUN?Y, FL 01/30/2004 at 08:47~ DWIGHT H, BROCK, CLHRi RH¢ FIlS 6.00 Retn: CL~R[ ?0 ?HH BOARD IN?HRO~FICH 47H ~LOOR 7240 1.00 16C10 Property Folio No. 36232120007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: PERSECO CORPORATION, a Florida Corporation 1312 Chery St FtMyers FL 33918-0000 Lien was recorded on the 2"d day of April 2002, in Official Record Book 3010 Page 2760 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Thirty Five Dollars and No Cents ($335.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ALL THAT PART OF BLOCK 154, GOLDEN GATE CITY, UNIT 5 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ,, . , "*~¢~ ATCI'EST:~ 'ii,: *~ ~. ~ BOARD OF COUNTY COMMISSIONERS, COLLIER/~NTY, FLORIDA Approved as to form MEMORANDUM Date: To: From: Re: January 29, 2004 Dan Bowman, Division Chief EMS Linda A. Houtzer, Deputy Clerk Minutes & Records Department Agreement between Florida Department of Health and Collier County EMS Department Enclosed please find two (2) copies of the original agreement as referenced above, approved by the Board of County Commissioners on Tuesday, January 27, 2004. (Agenda Item #16D1) Kindly forward same to the appropriate person (s) for the required signature (s), and return the fully executed original to Minutes and Records. If you should have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure (2) 3/1102 AGREEMENT This agreement is entered into by and between the Florida Department of Health with headquarters in Tallahassee, Florida (hereinafter referred to as "Department "), and the Equipment Recipient Collier County EMS Department with headquarters in Naples, Florida (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes disasters caused by terrorist acts; and B. WHEREAS, the parties desire to improve the capability and the coordination of the State of Florida and its local and regional agencies of government to respond to terrorist acts; and C. WHEREAS, the Recipient represents that is fully qualified and eligible to receive these equipments to provide the service identified herein. NC)W, THERFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and continue for the normal operating lifetime or shelf life of said goods and equipment, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. The condition and/or depletion of equipment will be reported annually as required by the Scope of Work, Attachment A of this Received FEB ,? "4 200 3/1/02 Agreement. (4) MODIFICATION OF AGREEMENT. Either party may request modification of the provisions of this Agreement. 1601 Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final 3/1/02 disposition. 3. years after closing of title. 16, 1 Records relating to real property acquisition shall be retained for five (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, under this Agreement, shall allow access to its records at reasonable times to the Department. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. (e) Any additional terms and conditions pertaining to record keeping and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in attachments. (6) LIABILITY. (a) Unless Recipient is a State agency or subdivision as defined in Section 768.28, Florida Statutes, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28, Florida Statutes, for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a 160 1 state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (7) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further procurements or payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall materially fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations there under; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time and date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment A. (b) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse 1601 of fundsl fraud; lack of compliance with applicable ~ules, laws and ~e§ulalions~ failure to perform in a timely manne~ and ~efusal by the Recipient ~o pe~mil public access to any document paper, lelie~, o~ othe~ ma~edal subie¢t ~o disclosure unde~ Chap~e~ ~ ~9, Florida S~m~u~e$, as ~mended. (c) Non compliance wi~h any te~ms of this A~eement and the Scope of Work, Attachmenl B of ~his A~eement by the Recipient shal~ ~esult in te~minmtion of A~eement which will ~equke ~etu~n o~ the said ~oods and equipment to the Department (d) In addition to any othe~ ~emedies, ~he Recipien~ shall ~etu~n to the Depa~tmenl any D~anted equipment o~ supplies which were used fo~ laws, ~u~es, and ~e~ulations Dove~nin~ the use of ~he funds unde~ ~he p~o~am. (e) This A~eement may be terminated by 1he wdllen mutual consent of the pa~lies. ~n addition, ~he Recipient o~ the Department has ~he option lo unilaterally le~minate this A~eement Upon termination of ~he A~eement, eilhe~ by mutual ¢onsenl or unilateral action of eithe~ parbf, the Recipienl must ~elu~n al~ supplies and equipment to ~he Department within 90 calendm~ days. (8) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The Department designates Ray Runo, as the Department Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at: Raymond Runo Florida Department of Health Division Emergency Medical Operations 4052 Bald Cypress Way Bin A-22 Tallahassee, Florida 32399-1708 Telephone: (850) 245-4444 x2103 (c) The name and address of the Representative of the Recipient responsible for the 3/1/02 administration of this Agreement is: 16D1 Jeff Page 3301 E Tamiami Trail Naples, Florida 34112 Telephone: (239) 774-8459 Fax: (239) 774-4454 Email: jeffpage@colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in paragraph 8.a. above. (9) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement. The lack of accuracy thereof, or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement 3/1/02 1601 shall survive the terms and life of this Agreement as a whole. (d) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal agency; 2. have not, within a five-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (9)(d)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. (10) AUDIT REQUIREMENTS (a) This part is applicable if the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the Recipient expends $300,000 or more in Federal awards in aggregate during its fiscal year, the Recipient must have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this attachment indicates Federal funds awarded through the department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds from the department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. S 3. Such audits shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the department shall be based on the agreement requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department agreement involved 4. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the department in effect during the audit period. 5. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such audit must be paid from the Recipient funds obtained from other than Federal entities.) 3/1/02 ii i ~j (b) Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to: Raymond Runo Florida Department of Health Division Emergency Medical Operations 4052 Bald Cypress Way Bin A-22 Tallahassee, Florida 32399-1708 Telephone: (850) 245-4444 x2103 (c) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (e) Any reports, management letter, attestations, or other information are required to be submitted within 45 days after delivery of the audit report but no later than 12 months of the Recipient's fiscal year end (or as otherwise allowed by Florida Statutes) for Local Governmental Entities or whichever occurs first. Non-Profit and For-Profit Organizations are required to be submitted within 45 days after delivery of the audit report but no later than 9 months of the Recipient's fiscal year end (or as otherwise allowed by Florida Statues days. Other submissions should be timely in accordance with OMB Circular A-133 or Florida Statutes, as applicable. (f) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued or until resolution of audit findings or litigation related to the terms and conditions of the this agreement 160'1 amd shal~ allow the Depa~tmemt o~ Health o~ its desi§mee, access to s~ch ~eco~ds ~pom ~eq~est. The Recipient shall ensure that audit working papers are made available to the department upon request for a period of five years from the date the audit report is issued, unless extending in writing by the department. (11) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (12) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1: Funding Sources Attachment A: Scope of Work and Equipment List (13) FUNDING/CONSIDERATION This is a goods, equipment and supplies Agreement. The Department will grant to the Recipient certain equipment and supplies, as described in attachment "C" of this agreement, in order to fulfill the purposes of the Florida Strategy. (14) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (c) If otherwise allowed under this Agreement, all bills for any travel expenses shall be 10 1601 submitted in accordance wilh Section 112.0~, Florida $~a~u~e$. (d) The Department reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (e) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (15) EQUIPMENT AND PROPERTY MANAGEMENT. The Recipient shall retain ownership and control over the placement, administration and maintenance of all equipment. (16) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (17). RECEIVING AND INSPECTION CONTACT. All goods and equipment provided under this agreement will be shipped IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. II 3/1/02 For the DEPARTMENT Florida DEPARTMENT of Health, Division of Emergency Medical?~ions Name: William P. Tynan, M.D., M.P.H. Title: Director Date: SAMAS # For the Recipient: Collier County EMS Department BY: Jeff Page Date: g~ ,7~~ ,,,,.~:..~ ~. Hubbard County Attorney BOARD OF C~NTY COMMISSIONERS airman 12 3/1/02 1601 EXHIBIT FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: 2002-04 United States Department of Justice, Office of Justice Programs, State Domestic Preparedness Program CFDA: 16.007 Equipment Value: $253,166.60 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: Department of Justice Domestic Preparedness Equipment Grant must be used to purchase equipment for use in Domestic Preparedness off the Department of Justice Authorized Equipment List. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Chemical, Biological and Radiological Detection Equipment, Personal Protective Equipment, Decontamination Equipment, and Communications Equipment. MATCHING RESOURCES FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97~ FLORIDA STATUTES: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 13 3/1/02 ATTACHMENT A SCOPE OF WORK If applicable to the Recipient, this agreement is entered into as an addendum to current statewide mutual aid agreements and is for the purpose of receiving specialized equipment and participation as a State of Florida Regional Response Asset. The Recipient shall maintain ownership (limited by Paragraph 4 below) of said goodS and equipment, in a satisfactory operational condition, provided to it under this agreement (see Equipment List below) for the normal expected operating lifetime or shelf life of said goods and equipment. This includes routine maintenance, repairs, calibration, etc. The Recipient is not responsible for replacing goods or equipment that has reached the end of its normal life expectancy or exceeded its posted shelf life. The Recipient shall replace and potentially be reimbursed through local, state, or federal reimbursement processes or agreements for, all goods and supplies expended for emergency response, training, or exercises conducted in accordance with the Florida Comprehensive Emergency Management Plan. The Recipient will be given preference with respect to access to additional funding that may allow for equipment maintenance, replacement or repair, as well as training and exercises. At this time the parameters to any additional monies have not been defined. Recipient will be notified if additional monies become available. The equipment, goods, and supplies ("the eligible equipment") provided under this agreement are for the purposes specified in the State and Local Domestic Preparedness Equipment Program Florida Strategy, hereinafter referred to as the "Florida Terrorism Strategy" or the Florida Comprehensive Emergency Management Plan. The Recipient specifically agrees to: 1. Upon notification by the Department, the Recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Terrorism Strategy," ensure that each agency with which the equipment is placed responds to any and all incidents within its regional response area with all available and eligible equipment and resources which it needs and is reasonably required for the response, for so long as this Agreement remains in effect. Prior to requesting a response, the Department will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The equipment is to be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The Recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency within two (2) hours of a request for said deployment. During the term of this agreement, the Recipient shall ensure that each agency with which the equipment is placed shall participate in not less than three (3) regional training events per year, and in not less than one (1) regional exercise or terrorist event simulation per year as directed by the Department. The Recipient shall notify the Department one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy. The Recipient shall notify the Department when the equipment has been expended. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the Department. 14 MEMORANDUM Date: To: From: Re: January 29, 2004 ~ Terri Danie 1 s/Gr an~upe rvis o r . Human Servi~s ~ Ann J~nejohn, Deputy Cler~f= Minuyes & Records Department The 01der Americans Act Continuation Grant Enclosed please find four (4) original documents as referenced above(Agenda Item #16D4), approved by the Board of County Commissioners on Tuesday, January 27, 2004. Kindly forward the agreements to Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 732-2646, ext. 7240. Thank you. Enclosures (4) 1/01/04 16 4 Agreement Number OAA 203.04 STANDARD AWARD AGREEMENT AREA AGENCY ON AGING Collier County Board of County Commissioners THIS AGREEMENT is entered into between Area Agency on Aging for Southwest Florrida, Inc. d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "Agency", and Collier County Board of County Commissioners, hereinafter referred to as the "Recipient". This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the recipient, Agreement No. HM003, and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. Final Request for Payment: The recipient must submit the final request for payment to the Agency no more than 45 days after the agreement ends or is terminated. Any payment due under the terms of this agreement may be withheld until all reports due from the Recipient, and necessary adjustments thereto, have been approved by the Agency. II. The Agency Agrees: Agreement Amount: To pay for services according to the conditions of Attachment I__ in an amount not to exceed $ 869,125.00, subject to the availability of funds. Obligation to Pay: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible for reimbursement under this agreement. The funds awarded to the Recipient pursuant to this agreement are in the state grants and aids appropriations. 1/01/04 16114 Agreement Number OAA 203.04 Program Title Year Funding Source CFDA# Fund Amounts Older Americans 2004 U.S. Dept. Of Health and 93.044-045 Act Human Services and 93.052 Title IIIB Support Services 2004 U.S. Dept. Of Health and 93.044 Human Services Lead Agency Operations $ 54,870.00 Spending Authority $ 310,931.00 Title m Cl Congregate Meals 2004 U.S. Dept. Of Health and 93.045 Human Services Lead Agency Operations $ 31,459.00 Spending Authority $178,267.00 Title m C2 Home Delivered 2004 U.S. Dept. Of Health and 93.045 Meals Human Services Lead Agency Operations $ 32,602.00 Spending Authority $ 184,743.00 Title m E Services 2004 U.S. Dept. Of Health and 93.052 Human Services Lead Agency Operations $ 11,438.00 Spending Authority $ 64,814.00 TOTAL FUNDS CONTAINED IN TItIS AGREEMENT: $ 869,125.00 The Legal Service allocation for Collier County is $ 21,578.00. PSA I & R is $37,317.00. These Allocations are included in the Title III-B spending authority allocations shown above. III. Recipient and Agency Mutually Agree: Effective Date: 1. This agreement shall begin on January 1, 2004 or on the date the agreement has been signed by both parties, whichever is later. 2. This agreement shall end on December 31, 2004. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this agreement shall follow the same procedures as outlined in Section III.B. and Section III.C. of the Master Agreement. 2 1/01/04 C. De 16D + Agreement Number OAA 203.04 Recipient Responsibility: Notwithstanding the pass through language contained in Section I.S. 1. of the Master Agreement, the Recipient maintains responsibility for the performance of all subrecipients in accordance with all applicable federal and state laws (Code of Federal Regulations (CFR) Title 45, Chapter xm, Part 1321). Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the grant manager for the Agency for this agreement is: Leigh E. Wade, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 239-332-4233 / SC 748/6947 2. The name, address, and telephone number of the representative of the Recipient responsible for administration of the program under this contact is: Barry Williams Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8443 Fax (239) 774-3430 In the event different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this agreement. 4. The name (Recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 3 1/01/04 1694 Agreement Number OAA 203.04 IN WITNESS THEREOF, the parties hereto have caused this 15 page agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: Collier County.,. Board of County Commissioners BOARD PRESIDENT OR AUTHORIZED,~SIGNEE BY: rT~ NAME: Donna AREA AGENCY ON AGING' SOUTHWEST FLORIDA, INC. cl/b/a SENIOR SOLUTIONS OF SOUTHWEST FLORIDA SION D BY: ~ NAME: Christopher Likens TITLE: Chairman TITLE: Board President DATE: December 31, 2003 DATE: FEDERAL D NUMBER: Recipient FISCA.L.YB.,,A~,~ END DATE: , ,., , ~t~',/~. '''L'~ Assistant Z*ounty Attorney December 31, 2003 4 1/01/04 I. STATEMENT OF PURPOSE 16 4 Agreement Number OAA 203.04 ATTACHMENT I OLDER AMERICANS ACT PROGRAM The Older Americans Act (OAA) Program is a federal program that provides assistance to older persons and caregivers. II. SERVICES TO BE PROVIDED A. Services: The Agency's area plan for the calendar year 2004, and any revisions thereto approved by the Agency and located in the grant manager's file, are incorporated by reference in this agreement between the Agency and the Recipient, and prescribe the services to be rendered by the Recipient and prescribe the manner in which the Recipient will meet the requirements of the Older Americans Act as amended in 2000. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service, recipient's application for calendar year 2004, the Department of Elder Affairs Home and Community-Based Services Handbook dated 1/03, the Department of Elder Affairs National Family Caregiver Support Program Guidelines, and the Department of Health and Human Services, Office of Assistant Secretary, Administration on Aging, Program Instruction, AoA-PI-01-02. In the event the manual or guidelines are revised, such revision will automatically be incorporated into the agreement and the grant manager will send a copy to the recipient's contact person. The Recipient agrees to perform the services of this agreement in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. III. METHOD OF PAYMENT The method of payment in this agreement includes fixed rates for all services. The recipient must ensure all costs and fixed amounts include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on historical costs and audited historical costs when applicable. All sub-awards (agreements between the recipient and its sub-contractors who have been deemed by the recipient to be sub-recipients) are subject to those Federal cost principles applicable to the particular organization concerned [Office of Management and Budget 5 16114 1/01/04 Agreement Number OAA 203.04 (OMB) Circulars A-87, A-21, A-122, 45 CFR part 74, and 48 CFR part 31]. B. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller or the Agency upon request. The recipient may request a monthly advance for administration and service costs for each of the first two months of the agreement period, based on immediate anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement, approved by the agency, and maintained in the grant manager's file. For-profit organizations cannot receive advance funds. All payment requests for the third through the twelfth months shall be based on the submission of monthly expenditure reports beginning with the first month of the agreement. The schedule for submission of invoices is ATTACHMENT II to this agreement. Reconciliation and recouping of advances made under this agreement are to be completed by the time the final payment is made. All payments are subject to the availability of funds. A final receipt and expenditure report (closeout report) will be forwarded to the agency within sixty (60) days after the agreement ends or is terminated. All monies which have been paid to the recipient and not used to retire outstanding obligations of the agreement being closed out must be refunded to the agency along with the final receipt and expenditure report. Any payment due by the agency under the terms of this agreement may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. The recipient agrees to implement the services and rates as detailed in the approved area plan and the Budget Summary, ATTACHMENT III to this agreement. Any changes in the amounts identified on the Budget Summary form require an agreement amendment. G. Financial Reports: The recipient agrees to provide an accurate, complete and current disclosure of the financial results of this agreement as follows: 1. To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in ATTACHMENT I. The completed manual units of service portions of the Older Americans Act Annual Report, if applicable, are due to the grant manager on the date established by the agency. The agency will obtain the remaining Report sections from the Consumer Information, Registration and Tracking System (CIRTS). 1/01/04 1604 Agreement Number OAA 203.04 IV. SPECIAL PROVISIONS A. Consumer Contributions and Co-payments for Services The recipient assures compliance with Section 315 of the Older Americans Act as amended in 2000, in regard to consumer contributions. Subrecipients may charge co-payments to those persons able to pay part or all of the cost of services only for services not paid for with Older Americans Act funds. 2. Voluntary contributions are not to be used for cost sharing or matching (see Title 45, Chapter XIII, Part 1321.67, CFR). 3. Accumulated voluntary contributions are to be used prior to requesting Federal reimbursement (see Title 45, Chapter XIII, Part 1321.67, CFR). 4. Voluntary contributions and related interest earned are program income and must be used to expand services. B. Match The agency will assure, through a provision in their recipient agreement, a match requirement of at least 10 percent of the cost for all services funded through this agreement. The recipient's match will be made in the form of cash and/or in-kind resources. At the end of the agreement period, all Older Americans Act funds must be properly matched. C. Title III Funds The recipient assures compliance with Section 306 of the Older Americans Act Amendments as amended in 2000, that funds received under Title HI will not be used to pay any part of a cost (including an administrative cost) incurred by the recipient to carry out an agreement or commercial relationship that is not carded out to implement Title III. D. Prioritization for Service Delivery The recipient shall develop and implement policies and procedures consistent with Older Americans Act targeting criteria. 7 1694 1/01/04 Agreement Number OAA 203.04 E. Information and Referral The recipient shall ensure, through training and periodic monitoring, all Information and Referral/Assistance programs operating in their Planning and Service Area adhere to the Standards for Professional Information & Referral, ATTACHMENT IV, to this Agreement. The basis of these department standards are the standards published by the Alliance of Information & Referral Systems (AIRS), copyright 2000, and amended by the department to meet the unique needs of the Elder Helpline system. F. Service Cost Reports: The recipient will require subrecipients to submit seim-annual service cost reports which reflect actual costs of providing each service by program. This report provides Information for planning and negotiating unit rates. H. Caregiver Forums The recipient will support a Statewide Caregiver Forum coordinated by the Department by sponsoring the attendance of a minimum of ten caregivers and contributing $1,000.00 toward the expense of speakers and miscellaneous training expenses using agreement funds. Sponsorship of caregivers includes providing funds for all expenses related to caregivers attending this event; to include registration, travel, and local respite services. Recipients are also encouraged to conduct local caregiver forums utilizing Title III-E funds. Caregiver Forums are defined in the Department of Elder Affairs Title III-E National Family Caregiver Support Guidelines. 1/01/04 1694 Agreement Number OAA 203.04 OLDER AMERICANS ACT PROGRAM Report Number 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Legend: Note # 1: Note # 2: AGREEMENT REPORT CALENDAR ADVANCE BASIS AGREEMENT Based On Submit to Agency On This Date January Advance* February Advance* January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report/Jan. Adv. Recon.** December Expenditure Report/Feb. Adv. Recon.** Final Expenditure and Request for Payment Report Closeout Report January 1 February 1 February 10 March 10 April 10 May 10 June 10 July 10 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 1 Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Department, payment is to accompany the report. Report #1 for Advance Basis Agreements cannot be submitted to the State Comptroller prior to January 1 or until the agreement with the Department has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures shall reflect an adjustment repaying advances for the first two months of the agreement, if advances have not been recouped. 9 160# 1/01/04 Agreement Number OAA 203.04 ATTACHMENT HI OLDER AMERICANS ACT PROGRAM BUDGET SUMMARY Collier Count. Board of County Commissioners Services Total Cost Reimbursement Rate COLLIER COUNTY Case Aide $21.00 $18.90 Case Management $35.94 $32.35 Screening & Assessment $27.82 $25.04 Transportation - Group $11.04 $9.94 10 1/01/04 1694 Agreement Number OAA 203.04 ATTACHMENT IV OLDER AMERICANS ACT PROGRAM SUMMARY OF STANDARDS FOR PROFESSIONAL INFORMATION & REFERRAL I. SERVICE DELIVERY Standard 1: Information Provision The recipient's Information and Referral (I & R) service shall provide accurate information to an inquirer in response to a direct request for such information. Information can range from a limited response (such as organization's name, telephone number, and address) to detailed data about community service systems (such as explaining how a group intake system works for a particular agency), agency policies, and procedures for application. Every call, including information only calls, shall be documented. Documentation shall include the type of information requested and the action taken. The I & R Specialist shall encourage inquirers to call back if the information proves incorrect, inappropriate, or insufficient to link them with needed service(s). Standard 2: Referral Provision The I & R service shall provide information and referral services in which the inquirer has one-to-one contact with an I & R specialist. The referral process consists of assessing the needs of the inquirer, identifying appropriate resources, assessing appropriate response modes, indicating organizations capable of meeting those needs, providing enough information about each organization to help inquirers make an informed choice, helping inquirers for whom services are unavailable by locating alternative resources, and actively participating in linking the inquirer to needed services. Follow-up is required for each referral. The referral cannot be counted until follow-up is complete. The I & R Service shall provide the ability to access its services for individuals and groups who have special needs (i.e. TDD/TTY access for people with hearing impairments, and language access for inquirers who speak languages other than English.) The I & R service shall utilize technology that improves access to service and enhances its ability to serve inquirers efficiently and effectively while preserving the level and quality of its core services. Technology includes telephone systems, I & R software packages, and searchable I & R databases on the Internet. 11 1/01/04 16D4 Agreement Number OAA 203.04 Standard 3: Advocacy/Intervention The I & R service shall offer advocacy to ensure that people receive the benefits and services to which they are entitled and that organizations within the established service delivery system meet the collective needs of the community. For purposes of these standards, advocacy does not include any actions specifically prohibited by federal cost principles. All advocacy efforts shall be consistent with policies established by the governing body of the I & R service and shall proceed only with the permission of the inquirer. The I & R service shall intervene on behalf of individuals to help them establish eligibility for or obtain needed services when they have been denied benefits or services to which they are entitled, or when they need assistance to communicate their needs to a service provider. Standard 4: Follow-Up Follow-up on referrals must be completed within 10 calendar days either by telephone or visit to the inquirer and/or the organization, to determine that services are being provided and that the elder or caregiver is satisfied with the services as provided unless a crisis situation suggest more immediate follow-up. If the inquirer has not received services or the need has not been met, the I & R service shall determine whether there is still a need and make additional appropriate referrals. The I & R service shall also document the follow-up results (that service was not received) for future reference. II. RESOURCE DATABASE Standard 5: Inclusion/Exclusion Criteria The I & R service shall have a written policy that describes inclusion/exclusion criteria for entities to be included into the resource database. The inclusion/exclusion criteria shall be reviewed on a regular basis to ensure that they continue to meet the changing needs of the community. These criteria shall be uniformly applied and published so that staff and the public will be aware of the scope and limitations for acceptance into the database. If the I & R service charges a fee for the inclusion of organizations in its database, that practice shall be published as a part of its inclusion/exclusion criteria. 12 1/01/04 16D4 Agreement Number OAA 203.04 Standard 6: Data Elements A standardized profile shall be developed for each county's organization within the planning and service area. The database shall include: Providers legal name, common name and acronym Address (mailing and physical location) Telephone number(s) Hours and days of operation Legal Status (non profit, government, for-profit, unincorporated group) Description of services Method (Source) of Payment (Medicaid, Medicare, private insurance) Date the information was last verified Standard 7: Indexing the Resource Database/Search Methods Information in the resource database shall be indexed and accessible in ways that support the I & R process. Standard 8: Classification System (Taxonomy) The I & R service shall use the AIRS/INFO LINE Taxonomy of Human Service classification system. Standard 9: Database Maintenance The resource database shall be updated through continuous revision or at intervals sufficiently frequent to ensure accuracy of information and comprehensiveness of its contents. The resource database shall be updated at least annually and records in the database shall include the date of the last update. III. REPORTS AND MEASURE Standard 10: Inquirer Data Collection The I & R service shall establish and use a system for collecting and organizing inquirer data which facilitates appropriate referrals and provides a basis for describing requests for service, identifying service gaps and overlaps, assisting with needs assessments, supporting the development of products, identifying issues for staff training and facilitating the development of the resource information system. Inquirer data includes information gathered during follow-up as well as that acquired during the original contact. The I & R service shall have in place appropriate security precautions which protect and keep confidential data collection forms and inquirer information. 13 1604 1/01/04 Agreement Number OAA 203.04 Standard 11: Data Analysis and Reportine: The I & R service shall develop reports using inquirer data and/or data from the resource database to support community planning activities (or planning at other levels), internal analysis and advocacy. Beginning January 2004, the I & R service shall submit quarterly reports to the Department of Elder Affairs. Reports shall provide total number of incoming calls, type of service requested, referrals (clients served), unmet needs, and gaps in services. IV. COOPERATIVE RELATIONSHIPS Standard 12: Cooperative Relationships within the Local I & R System In communities which have a multiplicity of comprehensive and specialized I & R providers, the I & R service shall develop cooperative working relationships to build a coordinated I & R system which ensures broad access to information and referral services, maximizes the utilization of existing I & R resources, avoids duplication of effort and encourages seamless access to community resource information. I & R services within the system may choose to be "full service" programs performing all necessary I & R functions within their designated service area; or may prefer to partner with one or more I & R services to share those functions (e.g., one I & R service might build and maintain the resource database and another might assume responsibility for service delivery). Standard 13: Cooperative relationships within the Local Service Delivery System The I & R service shall strive to develop cooperative working relationships with local service providers to build an integrated service delivery system which ensures broad access to community services, maximizes the utilization of existing resources, avoids duplication of effort and gaps in services, and facilitates the ability of people who need services to easily find the most appropriate provider. Standard 14: Cooperative Relationships Amont!: Local. State or Provincial. Ret!:ional. National. and International I & R Providers Comprehensive and specialized I & R services at all geographic levels (local, state/provincial, regional, national and international) shall strive to develop formal and informal working relationships with the objective of broadening the availability of information and referral to all inquirers, facilitating access to appropriate resources regardless of their origin and/or location, avoiding duplication of effort and funding, expanding the effectiveness of social analysis with more global information about needs and services, and augmenting the impact of advocacy efforts through coordination, where possible. 14 1604 1/01/04 Agreement Number OAA 203.04 Standard 15: Participation in State or Provincial. Ret!:ional. National. and International I & R Associations The I & R service shall strive to strengthen state, regional, and national 1& R associations by participating in activities. v. ORGANIZATIONAL REQUIREMENTS Standard 16: Governance The auspices under which the I & R service operates shall ensure the achievement of I & R goals and meet the standards set forth by the Department of Elder Affairs. Standard 17: Personnel Administration The I & R service shall provide a :framework and mechanisms for program and personnel management and administration that guarantee the continuity and consistency required for effective service delivery. Standard 18: Staff Trainint!: The I & R service shall have a written training policy and make training available to paid and volunteer staff. Standard 19: Promotion and Outreach The I & R service shall establish and maintain a program which increases public awareness ofI & R services, their objectives, and their value to the community. At least two outreach projects targeting low-income minority and rural elders must be completed annually. 15 16E¿ MEMORANDUM Date: January 29, 2004 To: Toni Mott, Supervisor Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No. 2004-24/ GAC Land Trust Property Enclosed please find one copy Resolution No. 2004-24 (Agenda approved by the Board of County January 27, 2004. of the above referenced Item #16E2) which was Commissioners on Tuesday, If you should have any questions, please contact me at 732-2646, ext. 7240. Thank you. Enclosure RESOLUTION 2004 - 24 If)E2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR THE 2004 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on April 5, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Es'tate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguard of staff and legal counsel review of such documents; and WHEREAS, the Board of county Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Facility Management Department, the Finance Department and the County Attorney. 2. The authorization of the Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2004 calendar year. This Resolution adopted this day of and majority vgtc.¡:: ~/,'') , ". / " ,,' "" ::',::: t;,~\ ATTES1';,' /~~, '." DWIGíÎT'~.'·BROti, ·Cler~'-. if,. By,~~,~l ~P.(. ~_~ f: \\,,'.I.'1'*-·S ",1....... '.'1;.:'" , .. ~~ ;.1 ? i','~ ..' ,2004, after motion, second OUNTY COMMISSIONERS NTY, FLOR A BY: Commissioner Donna Fiala, Chairman Approved as to form and legal sufficiency: \teV¥\.~~ 1(o~2 ~da~; I-l~ (ì1-uèe Ac::t-k; ---ð¡- ~¿\~~\) .cr._.=,___~^,,__.=-~_ ....... ~?·'~~'~~",;/;:::œ1~:t~.J~~~:~:~. :~~:;:~_:,:;';;"~';"" "" ORIGINAL DOCUMENTS CHECKLIST & ROUTINtIIS~PJ- 2. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT.IoO r: ' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE '.... (Print on pink paper. Attach to original document. <;>riginal documents should be hand delivered to the 1;3oard Office. The completed routing slip and original documents are to be forwarded to the Board Office only.!!f!tt the Board has taken action on the item.) , ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rouûn order) 2. 3. 4, 5. Sue Filson, Executive Manager Board of County Commissioners (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the execuûve summary, Primary contact informaûon is needed in the event one of the addressees above. including Sue Filson, need to contact staff for addiûonal or missing information, All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 2, 3. 4. 5, I: Forms/ county Forms/ Bee Forms/ Original Documents Rouûng Slip WWS Original 9,03,04 Yes (Initial) N/A (Not A licable) 01~ MEMORANDUM Date: October 8, 2004 To: Toni Mott, Real Properties Supervisor Real Estate Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Item #16E2, BCC Meeting of 1-27-04 Real Estate Agreement between Collier County and Luisa Soler, Trustee 16£2 Enclosed please find one copy of the agreement, as referenced above, approved by the Board of County Commissioners on Tuesday, January 27, 2004 (Agenda Item #16E2) . If you should have any questions, please contact me at 774-8406. Thank you. Enclosure ..----"'-- -.._-~~",- SA~ES AGREEMENT II (Parcel 14) 16£2 REAL EST ATE SALES AGREEMENT -cth- (0 ~ THIS AGREEMENT made and entered into this 2) day of e· , 2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and LUISA SOLER, as Trustee of the Luisa Soler Trust, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I, PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally descri bed as: The East 75 feet of the East 150 feet of Tract 103, Golden Gate Estates, Unit 17, according to the plat thereof as recorded in Plat Book 7, Pages 5 and 6, of the Public Records of Collier County, Florida. 2, SALE and CONVEYANCE A SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4, PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTY-FOUR THOUSAND TWO HUNDRED ($34,200.00) DOLLARS, payable by BUYER to SELLER as follows: A Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of THREE THOUSAND FOUR HUNDRED TWENTY ($3,420,00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing, 5, APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165,00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly, If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6, RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7, DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The 1 BU,YER acknowledges and agrees that BUYER, in entering into this Agreement and purlaQ ~e~bject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises, C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: I. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2, All other items required by any other provision of this Agreement to be prorated or adjusted, B, At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11, INTERMEDIARIES A, BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing, 12, CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13, GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herem. B, This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto, C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. 2 Q. Time is of the essence of this Agreement. In the computation of any period of time lJ;?.£2. this , Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H, Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. 1. This Agreement shall be governed in all respects by the laws of the State of Florida. ], This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M, This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N, All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto, 0, Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14, OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: \()-1) -oy, ATTEST: DWIGHT E,BROCI\., Clerk :t}~ . t~Af). "'" ~'" .,........ t~ . <II. .", . ¥~ ~ . .'" . ""\ ~ jt~t':·..1 \ ,.tgn~JI~e,., 1·~?: .,~ '. ' lj ..\,\~\;, :.:;. (:. .... ,,"....:;;¡: '.., (!J ~'" , , ' "<:'\.'-' '¡I,) ".,.." ,C·) '4. SIBt'.!;)·~ ,0,(, Clerk ·s ... BY: DONNA Approved as to legal f~nd sufficiency -~~ Ellen T. Chadwell Assistant County Attorney løn' 'J~;~ :da.t:aJ:ì)i{ ~~ I 0-)$ i)~ 3 .(), (.. 16£2 s/~ -rR. L,__ AS TO BUYER: DATE: ISA SOLER, as Trustee of the Luisa Soler Trust Witness (si nature) 1ht)'V'..~ Uel.\.!oc. (print name) STATE OF COUNTY OF FIOl";dø. c.()flit( The foregoing Real Estate Sales Agreement was acknowledged fore me this :; 7 day of A~IA.O t , 2004, by LUISA SO~ER, as Tru,stee ?~ th~ Luisa Soler TJi st, who is personally known to me or who has produced 7)r-;Utr- t'c-tl'l~1l as IdentIfIcatIOn, 1/ ÃV--- (affix notarial seal) ~~\W"", Thomas A Deusa l£.:~"-:. Commission #DD345762 ~~~¡,:*j Expires: Au¡ 10,2008 ""~M' " 8onded'Thná ""/illl \\ A_. hndlnt c:e" Inc. Signature of Notary Public "1høl'Y1~') A. DI!"iA.'5"\ Print Name ~ Commission Number 1::>D 3l.fSÎ ~ My Commission Expires: 'a'. 10· o~ 4 , Ì' "' DEPOSIT RECEIPT 16£2,·j I, e undersigned, do hereby acknowledge receipt of a total of J -:<¡" 3 S- 2004. ~- , on this ~l day of , (Initial Deposit $_1 or) / Appraisal $J 0 ç / Additional Deposit $ 3 ".:)2LJ/ Processing Fee $50.00) ~~~~ 5 .",.$'::'¡i":;;~~~1~'~~~;~~~~~~'.'C.,:~';t¡'.i¥"i~:Ni'" ",.ii" ORIGINAL DOCUMENTS CHECKLIST & ROUTING}r6 E 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ' THE BOARD OF COUNTY COMMISSIONERS OmCE FOR SIGNATURE .. (Print on pink paper. Attach to original document. qriginal documents should be hand delivered tothe Board Office. The \:ompleted routing slip and original documents are \0 be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. I(the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 2, 3, 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The pnmary contact is thl: holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Ini tial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, \_. .. L resolutions, etc. signed by the County Attorney's Office and signature pages from "-\ 1\ " contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) ') All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board tJlr\ 3, The Chairman's signature line date has been entered as the date of BCC approval of the ~~ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~ signature and initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~ \ ft Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS OriginallJ,03,04 ~_._-,--~,. 16E2~î ,.-..¡ MEMORANDUM Date: October 8, 2004 To: Toni Mott, Real Properties Supervisor Real Estate Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Item #16E2, BCC Meeting of 1-27-04 Luisa Soler Statutory Deed Enclosed please find the original Statutory Deed, as referenced above, approved by the Board of County Commissioners on Tuesday, January 27, 2004 (Agenda Item #16E2) . After the recording of this document, please return the original to the Minutes & Records Department so it may be kept in the Official Record. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure Prepared b1: i r'1en T. tha~". Esqu re ice of the County Attorney East T.-ia.i Trail .s, F1or1da 34112 , 714-8400 16£2 STATUTORY DEED (ß '1: THIS DEED, made thiS?S day of COr- ' , 2004, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to LUISA SOLER, as Trustee of the Luisa Soler Trust, having a mailing address of 1160 Sugarberry Street, Naples, Florida 34117, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations,) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 103, Golden Gate Estates, Unit 17, according to the plat thereof as recorded in Plat Book 7, Pages 5 and 6, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. . r;'~ ~~t; ~ t:-~ I,,,;, A TTEST: o~'>j .. .. ", ~¢- DWIGHT Ej3RGCK, Glei"k<':"'- ~~ ~~~:. ','~'. .~, By: ' ':'~(Þ.O.L , , <- Att~~t<' , ,èlii"'. $1gn.~uré~cMff~· ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: æ~,(, ~A~ DONN FIALA, CHAIRMAN 1P7/ .s to '0.. çz:;~~~~~' /~A ~ Assistant County Attorney Ellen T. Chadwell 16.£3 "I.. " MEMORANDUM Date: January 30, 2004 To: Kelsey Ward, Sr. Purchasing Agent Purchasing Department, Extension 8949 Administrative Services Division From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract No. 03-35487 Consulting Services of Jones, Edmunds & Associates, Inc. regarding the development of a Land and Land Rights GIS Database Enclosed please find three (3) original contracts of the document referenced above, approved by the Board of County Commissioners on January 27,2004, Agenda Item #16E(3). Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at 732-2646, Ext. 7240 Thank you. Enclosure(s) --. -~._~.~.__..."---'--'--""---,_..._-- 16E3 i ,'I -:. MEMORANDUM M1E RECEIVED JAN 2 7 2004 IJSk MANAGEMENT TO: FROM: Sheree Mediavilla Risk Management Department Kelsey Ward, Senior Purchasing & Contracts Agent tfÝl.ù Purchasing Departmen~ \, ~~' \ Cf:, \ \} . ~ \fY) January 27, 2004 (j \ f· ' Review of Insurance for Contract No. 03-3548; "Consultant Services for Developing a Land and Land Rights GIS Database" Jones, Edmunds & Associates, Inc.; Contractor DATE: RE: This Contract was approved by the BCC on January 27, 2004; Agenda Item 16(E)(3). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded, Thank you, If you have any questions, please contact me at extension 8949. C: Bert Miller, GIS Manager - Information Technology FILE NO,: D~- fR~ - 00013 1" r:,~ DAT~ ~IVED: l' ~,¡r~>c. i~JI'- \ f-1C "f't'!\)"I-V A··TTnRì'~FV '.....uul', I ,\ j'v I -' ITEM NO,: ROUTED TO: zao~ JM~ 28 Pr1 4: 05 DO NOT WRITE ABOVE THIS LINE cc©ry To: Office of the County Attorney Attention: Scott Teach 9V1 ,}y¡}þ~ REQUEST FOR LEGAL SERVICES Date: January 27, 2004 From: Kelsey Ward, Senior Purchasing & Contracts Agent Purchasing Department, Extension 8949 Administrative Services Division \, hðW Re: Contract No. 03-3548; "Consultant Services for Developing a Land and Land Rights GIS Database" Jones, Edmunds & Associates, Inc.; Contractor BACKGROUND OF REQUEST: This Contract was approved by the BCC on January 27,2004; Agenda Item 16(E)(3). This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Scott, This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me, Purchasing would appreciate notification when the documents exit your office. Thank you. C: Bert Miller, GIS Manager - Information Technology 16£3 f Contract 03-3548 "Consultant Services for Developing a land and land Rights GIS Database" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Jones, Edmunds & Associates, Inc., authorized to do business in the State of Florida, whose business address is 730 NE Waldo Road, Building A, Gainesville, Florida 32641 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Consulting services of the CONSULTANT concerning Developing a land and land Rights GIS Database (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 16E3 I" ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Consultant services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1,3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1,5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project 2 16£3 ..~ . Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State 3 16£3 ~., of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8, CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performánce of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein, These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2,1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 4 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the provided herein). Basic Services to be 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional Consulting practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) (c) The time the CONSULTANT is obligated to commence and complete all such services; or The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; 6 (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to ? acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement, of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cauSe whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty-four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6,1, Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. 10 ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. 1! ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the 16£3 event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest; either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by 14 16£ fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioner's, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 239-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in Writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Jones, Edmunds & Associates, Inc. 730 NE Waldo Road, Building A Gainesville, Florida 32641 Attn: Rick Ferreira, P.E. F a x: 85-2=S¢'-7=¢"-~21' 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 15 16£. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 50 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action 16 brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consultant Services for Development of a Land and Land Rights GIS Database the day and year first written above, (Type name): Linda S. Freese w,t ¢ s (Type name):· ~.tnda ~.. Feller BOARD OF COUNT COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Co ioner Donna Fiala, Chairman Jones, Edmunds ~,,'~ssociates, Inc. Stanl~ey F.[ ~erreira, Jr., P.E. Chief Operatin~ Officer Typed Name and Title (CORPORATE SEAL) l? SCHEDULE A SCOPE OF SERVICES Developing a Land & Land Rights GIS Database RIP No. 03-3548 Januaq/ 7~h, 2004 Provided by: ]one~ Edmund$ & A$$ociate~ Inc Phone 352-377-5821 Fax 352-377-3166 Land & Land Rights GIS Database Creation For The Collier County Government Transportation Services Division and Public Utilities Division · ~ ;,~,?~ociates, Inc. GP?OGRAPH1C INPTJR]~I~tYTOA? 18 Scope of Work Collier County currently maintains numerous Land & Land Rights documents (deeds, right of way easements, drainage easements, utility easements, etc.) that identify County-owned properties or easements. To facilitate the County's Transportation Division in its efforts to better analyze transportation corridors, these documents need to be automated and made available through the County GIS. Additionally, Land & Land Rights documents will also be obtained from the Florida Department of Transportation (FDOT) and the South Florida Water Management District (SFWMD) for automation and inclusion in the County GIS via future task orders. Title searches will also be conducted to determine which lands are held by the Murphy Act as well as those lands missing from County data in a specified area west of CR/SR 951. Tasks Automation (mapping and database creation) of the various Land & Land Rights documents into a GIS will involve a combination of document research and data entry. Document discrepancies will have to be resolved with input from County staff prior to data automation by Jones Edmunds. In light of potentially unforeseen issues, the County and Jones Edmunds have agreed that the first task for this project should be a Pilot Project in an area of the County's choosing. Due to the large scope of the project, the County has also decided to prioritize the order in which the various types of Land & Land Rights documents are acquired and automated. The order is as follows: 1. Collier County Real Estate Services Documents 2. Florida Department of Transportation Documents 3. South Florida Water Management District Documents 4. Collier County Subdivision Plat Easement Documents 5. Location of Murphy Act Lands and Missing Lands 19 Task 1. Project Kick-Off Meeting Jones Edmunds staff will meet with the County at the beginning of this project to discuss the initial framework for project execution. Items of discussion will include: · Data capture priorities · Timeline and project milestones · Budget considerations · Scope of work details · Expectations for the County and Jones Edmunds Task 1. i - Pro/eot Status Meetings Project status meetings will also be scheduled between Jones Edmunds and Collier County. These meetings will allow us to update County staff on the progress of the project as well as receive feedback on various project issues. Task 2. Pilot Project Jones Edmunds will automate County-maintained Land & Land Rights documents available from the Real Estate Services division for a pilot area selected by the County. This pilot area is in the "Airport Pulling Road" vicinity and is encompassed by four sections (11,12,13,14) in Township 49, Range 25. The number of documents to be automated for the Pilot Project was derived from the Collier County Real Estate Services document database. Task 2.1 - Acquire Documents We will have photocopies of approximately 497 multi-page documents from the Real Estate Services Division created for the four-section pilot area. These copies will be made at a Naples copying firm and documents will be returned to the county within 48 hours of checking them out. These documents contain legal descriptions for the easement data that Jones Edmunds will be capturing. These documents will be handled with great care and returned to the County in the condition they were received. 20 Task 2.2 - COGO Legal Descriptions and Attribute Easement data on the source documents will be captured using ArcGIS COGO tools. Polygon, line, and point features will be attributed. Data capture methods will closely follow those detailed in Task 3.2. Task 2.3 - QA/QC Data Quality control will be performed on all spatial and attribute data and will closely follow the methods outlined in Task 3.3. Task 2. 4 - Deliver. Once quality has been verified on the data, an ArcGIS Geodatabase containing Land & Land Rights line and polygon features for the Pilot Project area will be delivered to the County on CDROM. Once the Pilot Project has been completed, Jones Edmunds will meet with the County to discuss the results and County comments. When the County is satisfied with the results of the Pilot Project, we will proceed to Task 3. Task Duration: 24 Days Task 3. Real Estate Services Documents Jones Edmunds staff will utilize coordinate geometry tools to capture the legal descriptions associated with the Land & Land Rights documents. Geographic areas of the County will be prioritized by County staff based on the PLSS section grid. Documents Will then be automated based on this prioritized section list. Task 3.1 - .4cquire Documents We will have photocopies of approximately 4,657 multi-page documents from the Real Estate Services Division. These copies will be made at a Naples copying firm and 21 documents will be returned to the county within 48 hours of checking them out. These documents contain legal descriptions for the easement data that Jones Edmunds will be capturing. These documents will be handled with great care and returned to the County in the condition they were received. Task 3.2 - COGO Legal Descriptions and Attribute During this process, Jones Edmunds staff will be utilizing various data layers (parcels, orthos, etc.) provided by the County as reference for data entry. Any given legal document will first be reviewed and then a logical point of beginning (POB) determined for the legal description. The POB will typically reference existing cadastral data (e.g., a lot corner), a section corner, or some other relevant and identifiable feature. The County will provide spatial and attribute data that will allow Jones Edmunds to search for POB locations based on Plat Book, Plat Page, Lot#, Block#, subdivision, PLSS, and parcel identification number. The data will be captured into a geodatabase using ESRI's ArcGIS application. All COGO measurements will be captured and stored for each feature in standard COGO data fields. Reference information for the POB will be placed in polygon attributes. Resulting polygons, lines, and points will typically be attributed with data per the following table. Some of the listed attributes may not be applicable to all of the features captured during the project. Polygons EasementD Type Purpose Facility Name Owner Notes ParcellD DeedNumber Acres Image MonumentlD MonumentDescription Description Primary Key Deed, Easement, Other As in "Type" categories Per County Deed Database Grantee (Collier County, FDOT, etc.) Ancillary data If applicable, corresponding'parcel ID Unique ID Acres If applicable, hyperlink to document image Monument used to tie down legal description Literal description of monument 22 16E3 Rotation GridFactor TieLegDescription LegalDescFlag Row Closure Lines EasementEdgelD EasementlD · Standard COGO Attributes TraverseOrder OtherDescription Closure Points MonumentlD If applicable, rotation factor applied If applicable, grid factor applied If applicable, link to tie line feature If applicable, binary flag specifying if legal description used metes and bounds Road right-of-way width (if applicable) Binary value denoting whether polygon was artificially closed Description Primary Key Foreign Key to polygon layer Direction, distance, delta, radius, etc. Sequentially numbered traverse count If applicable, additional reference notes Binary value specifying an artificial closure line segment Description Primary Key which links to polygon data Task 3.3 - QA/QC Data During the automation process of the Land & Land Rights documents, legal descriptions will be captured exactly as they are described in the source documents. A maximum closure tolerance acceptable to the County will be utilized and resulting polygons that do not close will be attributed with a non-closure value. In these cases, the polygon will be artificially closed by snapping the end point of the final leg of the traverse to the POB. Quality assurance and quality control will be an integral process of all data captured during this project. The following tables list the general methods we will use to enforce quality assurance for both attribute and spatial data. These methods are subject to change as the project develops. Easement Polygons - Attribute Consistency Attribute Procedure Type Type Dropdown box QC Purpose Dropdown box QC Facility name Calculate after.joining with County Deed Database QC Owner Work in batches by Owner name; bulk Owner name assignment QC Notes Randomly Check QC ParcellD Spatial join with Parcel layer, match ParcellDs QA 23 DeedNumber Check format (all records) QA Visually check actual Deed Numbers for randomly selected records QA Acres X-tools Field calculator expression (all records) QA Image (if applicable) Visually check randomly selected records. Make a dictionary of QA image names and check that all records are linked to an existing image (VBA macro, MS Access) MonumentID Summarize Monument[Ds and check for existence in the Monuments QA point layer (MS Access) MonumentDescription Randomly check those records with assigned values QA Rotation Randomly check those records with assigned values GridFactor Randomly check those records with assigned values TieLegDescription Verify associated line feature exists QC Check all records QA LegalDescFlag Randomly check QC Row Randomly check ._ QC Closure Randomly check QC All Check for missing/null records (VBA macros) QA Easement Polygons - Spatial Consistency Issue Procedure Type Spatial duplicates - full/partial overlap GDB relationship or Avenue script QA Slivers (digitizing error) Check area/length ratio QA Null shapes Field calculator expression QA Easement Lines - Attribute Consistency Attribute Procedure Type COGO Attributes - Angle Visually check randomly selected records QA - Distance Visually check randomly selected records QA - Radius Visually check randomly selected records QA - Tangent Visually check randomly selected records QA - Delta Visually check randomly selected records QA - ArcLength Visually check randomly selected records QA - Side Visually check randomly selected records QA TraverseOrder VBA macro to calculate the traverse number after the polygon is QC completed OtherDescription Randomly Check QC All Check for missing/null records (VBA macros) QA Easement lines - Spatial Consistency/Connectivity Issue Procedure Type Closed polylines Digitizing settings QC Dangle nodes Digitizing settings QC VBA macro QA Null shapes Field calculator expression QA 24 Task 3.4 - Deliver_ An ArcGIS Geodatabase will be created to maintain and establish relationships between attributes from Land & Land Rights documents (Grantor, Grantee, etc.) as well as ancillary data (Acres) to the spatial features formed using COGO techniques. Several feature datasets will be provided containing the necessary feature classes. The delivered geodatabase will be compatible with ArcSDE. The coordinate system of the delivered data will be Florida State Plane East NAD 83 (US Feet), and the spatial accuracy will be to the relative accuracy of the county base map data (i.e., PLSS, parcels, etc.). A common identifier within the geodatabase will link the spatial aspects with the attributes and the imaged documents (if applicable). Metadata will be provided for the various feature datasets created. The data will be provided to the County on CDROM. Task Duration: 145 Days Task 4. Florida Department of Transportation Documents The FDOT will provide Jones Edmunds with roadway right-of-way maps. These maps contain primarily road right-of-way locations as well as some additional easement information. We will capture applicable easement features from these maps utilizing COGO tools. Task 4.1 - Acquire Documents We will acquire approximately 582 scanned roadway maps in a TIF format from the FDOT. These images will be printed and the resulting hard-copy documents used to obtain legal descriptions of FDOT rights-of-way as well as ancillary easement data. In addition, we will also need to have copies of all the Subdivision Plat documents 25 produced. The FDOT documents frequently make references to these Plat documents making their use necessary. These copies will be made at a Naples copying firm and documents will be returned to the county within 48 hours of checking them out. These documents will be handled with great care and returned to the County in the condition they were received. Task 4.2 - COGO Legal Descriptions and Attribute Jones Edmunds staff will utilize coordinate geometry tools to capture this information into ArcGIS. The data capture methodology will closely follow that outlined in Task 3.2. Plat documents and the County PLSS layer will be relied upon heavily for properly locating this data. Many of these documents are very old and will be a challenge to automate due to various factors, including poor legibility. Any FDOT documents that cannot be tied to existing County base data or are otherwise deemed unusable will be identified and reported to the County. Task 4. 3 - QA/QC Data Quality control will closely follow the steps detailed in Task 3.3. In addition, visual checks will be made on all FDOT documents to ensure that 100% of all applicable easement data has been captured. Task 4.4 - Deliver_ An ArcGIS Geodatabase will be created to maintain and establish relationships between attributes from Land & Land Rights documents (Grantor, Grantee, etc.) as well as ancillary data (Acres) to the spatial features formed using COGO techniques. Several feature datasets will be provided containing the necessary feature classes. The delivered geodatabase will be compatible with ArcSDE. The coordinate system of the delivered data will be Florida State Plane East NAD 83 (US Feet), and the spatial accuracy will be to the relative accuracy of the county base map data (i.e., PLSS, 26 parcels, etc.). A common identifier within the geodatabase will link the spatial aspects with the attributes and the imaged documents (if applicable). Metadata will be provided for the various feature datasets created. The data will be provided to the County on CDROM. Task Duration: 94 Days Task 5. South Florida Water Management District Documents Land & Land Rights data maintained by the SFWMD is available in various GIS data layers. Jones Edmunds will obtain this data and incorporate into a geodatabase. Task 5. I - Acquire Documents Jones Edmunds will obtain digital GIS data from the SFWMD consisting of the following data layers: · Canal Right-of-Way Lines · Levee Right-of-Way Lines · Conservation Easements · District Lands Rights-of-Way · Current / Future Land Acquisitions · Save Our Rivers Project Boundaries Task 5.2 - COGO Legal Descriptions and Attribute Since the acquired data is already in a digital format, COGO data entry is not necessary. Each of these layers contains varying types of attributes and it is recommended that we provide the attribute data to the County without modification. Metadata thoroughly describing each data layer will be provided. The data will be clipped to the County boundary and a geodatabase created, containing corresponding feature classes. 27 Task 5. 3 - QA/QC Data Since QA/QC has already been performed on this data by the SFWMD and/or its contractors, our QA/QC will be limited to verifying the spatial integrity of the geodatabase we create during this task. Task 5.4 - Deliver_ An ArcGIS Geodatabase containing the listed data layers will be delivered to the County on CDROM. Task Duration: 10 Days Optional Task 1. Scan & Index All Source Documents Optional Task 1. ! - Scan Documents Source documents from the Real Estate Services Division (Task 3) and the Subdivision Plats (Optional Task 2) would be scanned and indexed. Scanning resolution for 8 ½"x 11" documents would be 300 dpi and the resolution for 24" x 36" documents would be at 300 dpi. To minimize the impact to County operations, the County will release batches of the documents (e.g., two plat books) for copying and scanning. These documents will be copied and returned to the County within 48 hours. The documents will be handled with the utmost care and returned to the CoUnty in the condition they were received. Source documents of poor quality that are unsuitable for scanning will be identified. A list of these unsuitable documents will be provided to the County, which at its discretion can provide higher quality document replacements to Jones Edmunds. 28 16 3 Optional Task 1.2 - Index Documents Resulting images will be named to correspond to the "DeedNumber" attribute in the polygon easement data. This will allow the creation of a hyperlink in the polygon "Image" field thus allowing a user to view an associated scanned document for any easement polygon. Optional Task ].3 - QA/QC Data It will be verified that all applicable documents have been scanned and that their corresponding "Image" fields in the polygon data have been populated correctly. Optional Task 1.4 -Deliver. Multi-page TIF image files for all scanned documents and a revised geodatabase containing updated hyperlinks for the polygon "Image" attribute will be provided to the County on CDROM. Task Duration: 65 Days Optional Task 2. Subdivision Plat Documents Jones Edmunds staff will utilize coordinate geometry tools to capture the legal descriptions associated with the Subdivision Plat documents. A typical Plat document will contain multiple easements for utilities, roads, sidewalks, etc. The cost estimate for this task is based on a small set of scanned subdivision engineering plans provided by the County. These were not actual Plat documents and may or may not be indicative of the source documents that we will be provided. For the purpose of this task, the quantity of plats to be automated is not to exceed the County provided estimate of 4,000 Plat pages. 29 Optional Task 2.1 - Acquire Documents 16 '3 Jones Edmunds will produce photocopies of a quantity not to exceed 4,000 pages of Subdivision Plat documents maintained by the County. These copies will be made at a Naples copying firm and documents will be returned to the county within 48 hours of checking them out. These documents contain legal descriptions for the easement data that Jones Edmunds will be capturing. These documents will be handled with great care and returned to the County in the condition they were received. Optional Task 2.2 - COGO Legal Descriptions and Attribute The data capture methodology will closely follow that outlined in Task 3.2. Easement features will be captured for utilities, roads, sidewalks, etc. Any Plat documents that cannot be tied to existing County base data will be identified and reported to the County. Optional Task 2.3 - QA/QC Data Quality control will closely follow the steps detailed in Task 3.3. In addition, visual checks will be made on all Plat documents to ensure that 100% of all applicable easement data has been captured. Optional Task 2.4 - Deliver_ An ArcGIS Geodatabase will be created to maintain and establish relationships between attributes from Land & Land Rights documents (Grantor, Grantee, etc.) as well as ancillary data (Acres) to the spatial features formed using COGO techniques. Several feature datasets will be provided containing the necessary feature classes. The delivered geodatabase will be compatible with ArcSDE. The coordinate system of the delivered data will be Florida State Plane East NAD 83 (US Feet), and the spatial accuracy will be to the relative accuracy of the county base map data (i.e., PLSS, parcels, etc.). A common identifier within the geodatabase will link the spatial aspects 30 with the attributes and the imaged documents (if applicable). Metadata will be provided for the various feature datasets created. The data will be provided to the County on CDROM. Task Duration: 167 Days Optional Task 3. Title Search - Murphy Act and Missing Lands Jones Edmunds will perform title searches on approximately 1,200 parcels located in an area defined by the County west of CR/SR 951 along state roads, SR29, SR82, SR41, SR951 from SR41 to Marco, and Davis Blvd. These title searches will determine which lands are vested in the Board of Trustees of the Internal Improvement Fund (TIITF) as a result of the Murphy Act. In addition, those lands missing from the County database will also be located within the previously defined 1,200 parcels. Once these properties have been located, Jones Edmunds will create a geodatabase feature class to contain the data. Optional Task 3.1 - Title Search Based on the location description of the approximately 1,200 properties provided by the County, Jones Edmunds will develop a list of the associated parcel identification numbers for the affected properties. Our project team will search the chain of title back to 1937 or a deed out of TIITF (whichever is most recent). Concurrently, those properties that are missing from or not correctly recorded in the County's database will be determined. Researched information will be stored in a database and affected property deeds will be scanned during this process. Title searched properties will be placed in a geodatabase along with associated attributes. A hyperlinked attribute will be stored in the geodatabase pointing to the associated scanned deed image documents. 31 Optional Task 3.2- QA/QC Data 16£ Measures will be taken to ensure that each of the 1,200 properties receives a thorough title search and that pertinent title search data is maintained for each property. The resulting geodatabase will be checked for completeness and accuracy. Optional Task 3.3 - Deliver_ An ArcGIS Geodatabase containing the aforementioned data will be delivered to the County on CD-ROM. Task Duration: 120 Days Jones Edmunds Proiect Staff Proiect Manager: Mark Nelson Project Responsibilities: Oversee all aspects of the project. Ensure efficient workflow among staff and tasks are completed on time, within budget, with high-quality deliverables. Maintain strong communications with County staff throughout the project cycle. Technical Lead: David Lyons Prqiect Responsibilities: Work closely with the technical team throughout the project on a daily basis. Ensure that all technical specifications and procedures for the project are adhered to. GIS Analyst 3: Mark Brookman-Amissah Project Responsibilities: Mark has a strong background in land surveying as well as significant experience in the automation of legal documents. He will have significant input and oversight during the interpretation of legal documents as well as during the COGO data entry process. GIS Analyst 1: Devin Harmon, Sarah Brannon Proiect Responsibilities: COGO data entry and QA/QC. Extent of utilization is dependent upon intemal project scheduling. GIS Technician: Adam Brown Project Responsibilities: Indexing of scanned documents in Optional Task 1. Jones Edmunds Specific Responsibilities · Perform Pilot PrOject · Provide the County monthly status reports · Acquire Land & Land Rights Documents · Capture legal descriptions using COGO and create geodatabase · Perform QA/QC on data and deliver final product to the County Task deliverables 32 Collier County Specific Responsibilities Provide Jones Edmunds staff full access to the Real Documents Provide Jones Edmunds staff full access to Plat Documents Estate Services Provide Jones Edmunds with a prioritized section map defining the desired order of data capture for the project Review the results of the Pilot Project, and at its discretion, give Jones Edmunds approval to proceed with the remaining project tasks Review final deliverables and confirm that they meet the established specifications 33 SCHEDULE B BASIS OF COMPENSATION 16E3 B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; 34 (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) (b) (c) (d) expenses for transportation and subsistence; overhead, including field office facilities; overtime not authorized by OWNER; or expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OFSCHEDULEB. SCHEDULE B - ATTACHMENT A 16E3 SCHEDULE OF FEES FOR BASIC SERVICES Task 1 Project Kick Off Meeting and Status Meetings Task 2 Pilot Project Task 3 Real Estate Services Documents Task 4 FDOT Documents Task 5 South Florida Water Management District Documents $3230.00 $2O,527.OO $108,440.00 $66,937.OO $6O9O.OO Total for Tasks 1 through 5 $205,224.00 Optional Tasks - As described in Schedule A. To be undertaken if directed by the County at the County's option. Task 1 Scan and Index all Source Documents Task 2 Subdivision Plat Documents Task 3 Title Search - Murphy Act and Missing Lands $20,870.00 $213,640.00 $276,76O.OO 3? SCHEDULE B -ATTACHMENT B 16£ CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Title Project Manager Technical Lead GIS Analyst 3 GIS Analyst 2 GIS Analyst 1 GIS Technician Hourly Rate $150 $105 $65 $55 $5O $4O 38 SCHEDULE C PROJECT SCHEDULE Task 1 Project Kick Off Meeting and Status Meetings Task 2 Pilot Project Task 3 Real Estate Services Documents Task 4 FDOT Documents Task 5 South Florida Water Management District Documents As needed 24 days 145 days 94 days 10 days Total for Tasks 1 through 5 Optional Tasks - As described in Schedule A. To be undertaken if directed by the County at the County's option. Task 1 Scan and Index all Source Documents Task 2 Subdivision Plat Documents Task 3 Title Search - Murphy Act and Missing Lands 65 days 167 days 120 days 39 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been 40 satisfied or that the insurance policy shown on the Certificate compliance with the requirements of this Agreement. of Insurance is in (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the ContractodConsultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. 4! WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? __ Yes X__ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the ContractodConsultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. __ Applicable X Not Applicable 42 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. __ Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? __X Yes No Injury, Property Damage, Independent Contractors, Operations and Products (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Personal Injury, Contractual Liability for this Agreement, Broad Form Property Damage including Completed and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $3OO,OOO $3OO,OOO $3OO,OOO $ 5O,OOO General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $500,000 $500,000 $ 5O,OOO X __ __General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury 43 $1,000,000 $1,000,OO0 $1,000,OO0 Each Occurrence Fire Damage $1,000,000 $ 5O,OOO (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. __ Applicable X__ Not Applicable 44 16£3 (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. Applicable __X__ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. __ Applicable X__ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insUrance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by 45 enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insuranCe will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance Shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. (1) each other and any of their The Owner and Contractor waive all rights against subcontractors, sub-subcontractors, agents and 46 employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held ~by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A __ All Risk Policy - $1,000 maximum deductible __ All Risk Policy - Maximum deductible of $ __ Flood Policy - $1,000 maximum deductible __ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X__ Yes No (1) Automobile Liability Insurance shall be maintained Consultant / Professional for the ownership, maintenance or non-owned or hired vehicle with limits of not less than: X __ Bodily Injury & Property Damage - $ 500,000 __ Bodily Injury & Property Damage - $1,000,000 47 by the Contractor / use of any owned, (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: __ $ 500,000 each claim and in the aggregate 48 X __ _ $1,000,000 each claim and in the aggregate __ $2,000,000 each claim and in the aggregate __ $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OFSCHEDULE D. 49 ACORD PRODUCER Hilb Regal Hamilton-Grille FL 4880 Newberry Road Suite 100 P.O. Box 357400 Gainesville, FL 32635-7400 Client~: 2843 JONESEDM~ CERTIFICATE OF LIABILITY INSURANCE [ DATE M D Y, 0i/i6/04 THIS CERTIFICATE IS ISSUED AS A MAI I=R OF INFORMATION Inc. INSURED Jones, Edmunds & Associates, 730 NE Waldo Road Building Gainesville, FL 32641 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA~ Valley Forge Insurance Company ,NSURERB: Transcontinental Insurance Company ~NSURERC: Cincinnati Insurance INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE~ POLICY EXPIRATION INSRLTR I TYPE OF INSURANCE I POLICY NUMBER DATE (MNVDDfY'Y~ DATE (MM/DD/YY) LIMITS A xGENERALLIABILITY', C2071929190 06/30/03 06/30/04 EACHOCCURRENCE 12,000,000, ICOM M ERCiAL GENERAL LiAB ,UTY! FIRE DAMAGE (Any one fire) $500 000 ~ CLAIMS MADE ~ OCCUR MED EXP (Any one person) . 0,. 000 J PERSONAL&ADVINJURY $1 ! 000 ! 000 ,GENERAL AGGREGATE $~, 0 0 0, 0 0 0 ! [PRODUCTS-COMP/OPAGG , ! 000! 000 , GEN'L AGGREGATE LIMIT APPLIES PER: I ~ i PRO- B A~TOMOBILE LIABILITY B1073646813 06/30/03 06/30/04 COMBINEDSlNGLELIMIT(Ea a,cident) $1,000 ,000 ' _X.. ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) ~ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESSL,AB'L'TY CCC4964S12 06/30/03 106/30/04 EACH OCCURRENCE $5,000,000 XI OCCUR i ] CLAIMS MADE i AGGREGATE $5! 000! 000 ~ $ I X DEDUCTIBLE $ r RETENTION $0 $ ; A WORKERS COMPENSA~ON AND WC1073646780 06/B0/03 06/30/04 ToRyWCSTATU'uM,TS , OTH-ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1, 0 0 0, 0 0 0 , E.LDISEASE-EAEMPLOYEE $~L · 000 / 000 E.L DISEASE - POLICY LIMIT $]- · 000., 000 i OTHER DESCRIPTION OF OPERATIONS/I. OCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as Additional Insured CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: __ CANCELLATION Collier County Board of County Commissioners Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 ACORD2.%'S(7/97) l of 2 %35228 SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL '~ (') DAYSWRF[TEN NOTICE TO TH E CERTIFICATE H OLD ER NAM ED TO THE LEFT, BUT FAILURE TO DO SO SHALL IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR REPRESENTATIVES. ~U HORIZED REPRESENTATIVE ® ACORD CORPORATION 198~ ACORD Client#: 3970 JONEEDM3 I ~-~TE ~DD~'Y) CERTIFICATE OF LIABILITY INSURANCE01 21 2004 THIS CERTIFICATE IS ISSUED AS A MAI i,-R OF INFORMATION PRODUCER Suncoast insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813 289-5200 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I~NSURER A~ Security Ins of Hartford R B: ,NSURER c: t INS~URER D: INSURER E: ~NSURED Jones Edmunds & Associates, inc. 730 N.H. Waldo Road Gainesville, FL 32641 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS LNTSRR TYPE OF INSURANCE POLICY NUMBER DATE ~MMIDD/YY} DATE {MMIDD/YY) I, $ EACH OCCURRENCE · GENERAL LIABILITY ~ FIRE DAMAGE (Any one fire) $ __ COM M E RC~L GENERAL LIABILITY ~_E_~D EXP (Any one person) $ L --~ CLAIMS MADE ~ OCCUR i PERSONAL & ADV iNJURy $ ~-~ I~G~ENERAL AGGREGATE $ PRODUCTS -COMP/OPAGG $ __ GEN'L AGGREGATE LIM ITAPPLIES PER: " [~ pRO- ~-~ LOC POLICY I I J~CT COMBINED SINGLE LIMIT $$ !AUTOMOBILE LIABILITY ~ ANY AUTO Ea a~dent) HALL OWNED AUTOS BODILY INJURY (Per person) _ SCHEDULED AUTOS BODILY INJURY (Per accident) _ HIRED AUTOS $ I I NON-OWNED AUTOS -- ~ i PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY EA ACC OTHER THAN -- ANY AUTO ~ AUTO ONLY: AGG $ EACH OCCURRENCE $ ; EXCESS LIABILITY AGGREGATE $ ~ OCCUR [] CLAIMS MADE i $ -- !~ DEDUCTIBLE [ $ I [ RETENTION $ WC STATU- OTH- I WORKERS COMPENSATION AND TORY LIMITS I ER i EMPLOYERS' LIABILITY E.L. EACH ACCIDENT , E.L. DISEASE - EA EMPLOYEE $ IE.L. DISEASE - POLICY LIMIT i $ A OTHER AEE0119632 06/30/03 06130104 . $1,000,000 ea claim Professional $1,000,000 ann agg [.lability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made basis. CERTIFICATE HOLDER I ; CANCELLATION i AD D ITIONAL INSU RED; INSURER LETI'ER: SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION Collier County Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL~(~ DAYSWRITTEN Commissioners ,OTICE TOTH E CERTIFICATE HOLDER NAM ED TOTH E LEFT, BUT FAJLURE TO DO SO SHALL Purchasing Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANYKJND UPON TH E INSURER,ITS AGENTS OR REPRESENTATIVES. 3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples, FL 34112 ,¢~* ~ ~ I ~m m ® ACORD CORPORATION 198; ACORD 25-S (7197)1 of 2 #S835371M75203 16£ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cedificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S83537/M75203 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Jones, Edmunds & Associates, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Consultant Services for Developing a Land and Land Rights GIS Database are accurate, complete and current as of the time of contracting. Jones, Edmunds & Associates, Inc. BY: Stanley F. Ferreira, Jr., P.E. Chief Operating Officer TITLE: DATE: 50 16E4 MEMORANDUM Date: January 29, 2004 To: Toni Mott, Supervisor Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No. 2004-25 Enclosed please find one copy Resolution No. 2004-25 (Agenda approved by the Board of County January 27, 2004. of the above referenced Item #16E4) which was Commissioners on Tuesday, If you should have any questions, please contact me at 732-2646, ext. 7240. Thank you. Enclosure .....".......".--...-.-..-".-----.--.-----.-....- .. .---....- RESOLUTION NO. 2004-~ 16E4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE ST ATE OF FLORIDA, AND ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WmCH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and WHEREAS, various interests in real property must be conveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier County ordinances, in fulfillment of obligations which may now or in the future be contained in agreements between Collier County and any legal entity, and as an integral part of capital improvement projects; and WHEREAS, the formal acceptance by Collier County of such required conveyances is important in that infrastructure maintenance responsibilities are thereby established, and the public right to utilize rights-of-way becomes documented through such acceptance; and WHEREAS, the growth of the County necessitates an increasing number of such conveyances year after year; and WHEREAS, the number of conveyances has caused County staff to bring an increasing number of separate "acceptances" before the Board of County Commissioners via Executive Summary and Resolution; and WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time and paperwork which is generated by the formalized acceptance process. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed either to Collier County, a political subdivision of the State of Florida, or to the Board of County Commissioners as the governing body of Collier County, Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, and which are conveyed to either entity as a development commitment requirement pursuant to any County ordinance, or in fulfillment of any obligation which may now or in the future be contained in any agreement between Collier County and any other legal entity, or which are required as an indispensable function during Page 1 16E4 the completion of a capital project which has been approved by the Board of County Commissioners, are hereby accepted, AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby authorized to affix to any such conveyance instrument, prior to recording in the Public Records of Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County, The Property Acquisition & Construction Management Manager, or his/her designee, shall provide written notification to the Clerk of Court that the conveyance was required by the Board of County Commissioners in fulfillment of an obligation on behalf of the conveying entity or to complete project as approved. AND IT IS FURTHER RESOLVED that the calendar year 2004 Chairman of the Board of County Commissioners, or any subsequent Chairman, is hereby authorized to execute all documents pertinent to the acceptance of any such conveyance or the clearing of the lien of any encumbrances from any such conveyance, AND IT IS FURTHER RESOLVED that the staff is authorized to follow proper real estate closing procedures and record all such documents in the Public Records of Collier County, Florida, TillS RESOLUTION ADOPTED on this - day of , 2004 after motion, second and majority vote. " 0"1 "'. ' . ,"" 'V'J't,vA~f)", " .,'\ ."', 0' ATTEST: "';' " "".' "'" ,:" DWIGHT,¿'.BRbèR:,'æEiU~;'. " :(J,.~'f'.'II"-:) '.<"::. h.,¡: ~~ PL " J ,- ' . ',~ .. " ei~i ~i._l1.'.'.~;)f:;J<" .11'S';I:'1~ BOARD F COUNTY COMMISSIONERS OF C R COUNTY, fLO~IDA By: ~ c::1;~ Comm~ssioner Donna Fiala, Chairman Approved as to form and legal sufficiency: J~JJ .~ Heidi F. Ashton Assistant County Attorney Page 2 1~ ~ (q t'LJ ~dQ..k: l-2)-o ~a&. date.: l--2~--O+ ~~D.L. 16E5 MEMORANDUM Date: January 29, 2004 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2004-26; Lake Trafford Deed Certificates Enclosed please find one copy of Resolution No, 2004-26 (Agenda Item #16E5), as referenced above and approved by the Board of County Commissioners on Tuesday, January 27,2004, The original document is being retained for the record. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you, Enclosure RESOLUTION NO. 2004-.2.L 16E5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEED CERTIFICATES FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2004 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27,1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22,1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990 and Resolution No, 03-290 on September 9, 2003, which revise the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deed Certificates for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deed Certificates for the Lake Trafford Memorial Gardens Cemetery. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deed Certificates for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No, 03-290 dated September 9,2003, and the County's administration of that Resolution, whereupon the Deed Certificates have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. 2, The authorization of the Chairman to execute the Deed Certificates for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2004 calendar year. This Resolution adopted this day of , 2004, after motion, second and majority vote. , , ~":J.E(J"."" ., .'" ." I A TTES'P1.\' ,""'" :<t.:J r I .t",", '.O/r, DWIQ¥T.' E:..:B~J<.,,~,~-; \ .::...~:'-,\,'.'l;"/-' .. ";)', ;-'~":::""~II';"/",.- :'.:'/ ; -' '.' J ;:-,;', BY:- ',' ,,\ -~~st",'~" ¡¿ " I, "'.".r.;,........- . .."" " , " ~ ~'8""",.._1 w..:.':,," " "1 '. !t>!'-'i""'ce,,'Rj\- , ' , , "'-.i ,"', . '.' . . O.é. BOARD OF COUNTY COMMISSIONERS COLLrER lY' FLORIDA BY, ~ ... d ..~ comm ssioner Donna Fiala, Chairman AP~;:r as to fo Heidi F. Ash on Assistant County Attorney ~-}ðY\:L:I: \ ~ E'S R5lVîda. ða.1c ~ l-2ì--t ~¿L~d ð.a-le : ¡"-~/D~ ~~,D.( MEMORANDUM Date: January 29, 2004 To: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: The Florida Power & Light Easement for Utility Facilities to Service the Grey Oaks Fire/Safety Station Enclosed please find the original FPL Easement (Agenda Item #16E6), as referenced above and approved by the Board of County Commissioners on Tuesday, January 27,2004. Kindly forward this document to the appropriate parties for the required signature(s) and return the fully executed original to the Minutes and Records Department. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you, Enclosure 16E6 16 £6 ' Memorandum TO: Minutes & Records Management, Ann P. Jennejohn FROM: Marlene J. McLaughlin Real Estate Services DATE: March 17, 2004 RE: BCC Meeting 1.27 ' 04/Item #16E6 Please find enclosed one copy of the easement document that was recorded on February 3,2004 (OR: 3494/ PG: 3091). The easement was hand delivered for recordation. The Board of County Commissioners of Collier County, Florida approved the recordation of same on January 27, 2004, Item 16(e)(6). Please contact me if you have any questions or comments at extension 8922. Thank you. ~ 4 Enclosures as stated Retn: REAL BSTATE SERVICES EIT 2622/HCLAUGHLIn INTER OFfICI 3338894 OR; 3494 PG: 3091 RBCORDBD In the OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/03/2004 at 01:15PM DWIGHT B, BROCK, CLBRK 16 E6 RBC FBB DOC-,70 COPIES 19,50 ,70 4,00 EASEMENT Form 3722- A (Stocked) Rev, 7/94 Work Order No. Prepared By: Name: Co.Name: FP&L Co. Address: 4105 S.W. 15th Ave. Naples. FJ. 34116 Sec.26, Twp. 49S., Rge.25E. Parcel LD. 20767010957 (Maintained by Property Appraiser) The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as fol1ows: Exhibit "A" attached hereto and made a part hereof Together with the right to permit any other person. firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times: the right to clear the land and keep it cleared of al1 trees, undergrowth and other obstructions within the easement are<J: to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fal1 upon the lines or systems of communications or power transmission or distribution: and further grants, to the fullest extent the undersigned has the power to grant. if at al1. the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property, IN WITNESS WHEREOF. the ""dmIgned h" ,Igned 'nd 'e,led thI, In",ument on thI, -L d,y of ~ð 20~. By: commi Collier County, Florida. , I, , "",:"~":;¡~Ec:I'{"" 3301 Tamial}11 T~ft.East. , " -':'~ð '\ Naples. Floiidél;S:tÚ2-~:2t -. "'. .~ 'I! ~ .~~:' ;~ -ì '. \ ". ~ I~ . .-:":.': . -I : '1:> ~ . . . C"'. 0' . - . ~ , . --- , ,Chairman ". CONVeyANCe ~- 8OAAo OF COUNTY' ~ ~ 00UNTv. Fl ORI[)A, TOTHE~ , c:.~£NDA It "--"~ "- I -;:;). =r - 0 4 .:::/¡/¡~ 7Æ. H Å.J (J "i BE RS Attest By:' , ~, . 'I "" -;:?. ""tteSt:~ \ 'to ' ð~ ' ." .', " 3301 Tamiami T;a\~~~'ØirtJ ~ ~F [5'¡ r~ Naples. Florida 34112 (Corporate Sea]) ~pproved as to fO~ ~fl- ~ Assistant County Attorne, Ellen T. Chadwell TkVVl ~ lte E~ Asrcl'1da. dak: I ~1-ì -b'f- P1é'~ dak: l-2<E;---ö + ~ ~' Q,L 16 £6 OR: 3494 PG: 3092 IN WITNESS WHEREOF. the parties hereto have executed this Agreement on this~~ day of r~,.-... Õ' ,200~. )n.~ EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT {l Æ,t/ IV1J ~ B, Thomas G. Cannon, Chai an East Naples Fire Control and Rescue District Board of Fire Commissioners (print name) ~. 41 Wit e s ( i n u e) - ~"-~ ¡., kn (print name) The foregoing Easement was acknowledged before me on this~day of ~,~f'\"'~ ~. 2004. by Thomas G, Cannon. Chairman. Eãst Naples Fire Control and Rescue District. Board of Fire Commissioners. a public body corporate and politic. a political subdivis~on of the~~ida and an independent special district. who is personally known to me or who has produced~~ - as JdentlfJcatJOn, (affix notary seal) ~lA. ---- ~w \J ,~a- (Signature of Notary Public) ð ;I """"" J, "',,,., 'kÓ:" , }i'-.'",.. .,¡:~ Jh("å".;l : '~i~~.f : ,--.::.~~.::;." "" "'" ~ A- VEGa¡ MY COMMISSION' DO 200619 EXPIRES: .lime 7, 2007 Brœod Thru boy PIiIIc ~ ::s1r4t..A.~ A.Ù f:i¡.,- V taG'cZR (Print name ~f Notary Public) NOTARY PUBLIC Serial/Commission # if any: "'b't) a 00 I.t-=t My Commission Expires: c,,-').... ðì 16 E6 OR: 3494 PG: 3093 NORTH NAPL (print name) -FIRE CONTROL AND RESCUE DISTRICT ~~~ Witness ( . nature) , .~, ') A .Chairman North Naples Fire Control and Rescue District Board of Fire Commissioners The foregoing Easement was acknowledged before me on thiS~aY 0, . 2004. by ],Christopher Lombardo, Chairman, North NapJes Fire Control and Rescue ¡strIct, oa of Fire Commissioners, a public body corporate and politic, a political subdivision of the State of Florida and an independent special district, who is ".', - personal1y known to me or who has produced as IdentifIcatIOn. STEPH.WE L 8TEMN8oN MY COMMISSION' DO 158744 EXPIRES: DIoemb8r 28, 2005 8cnd8d ThnI Nawy I'uI* ~ -'/1-- (affix notary seaj) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission # if any: My Commission Expires: -'.f Ellen T. Chadwell Assistant County Attorney ---- \D Lu SKETCH OF DESCRlPIION OF GREY om FIRE SAFETY F ACHlIY FPL OOEMENT L YlNG IN SEC/ION 26; TOWNSHIP 49' SOUTH, RANGE 25 FAST, COLLIER COUNTY, FLORIDA ... on ;;:;'- 1° . LINE TABLE LINE BEARING (M) /DISTANCE (1.1 LI N84'24 '29 "W 0.45' L2 589'24 '29 "E 10,00' LJ SOO'20'09"[ 10,00' POINT OF COMMENCEMENT HE COI/NfR OF SECI1ON z~ TOWNSHIP <9 SOUTH, RANCE: Z5 WT \0 ~ND N 89'24'29' W 100.07' ~ Q . (1.1) (D) = FOUND PK NAIL AND DISK - "LB 043" = FOUND 5/8" REBAR AND CAP - "L8 642" = FOUND 4"x4' CONCR[T[ MONUMENT - ILLEGIBLE = FIELD MEASURED DATA = R[CORD DEED DATA POINCIANNA ELEMENTARY SCHOOL g e ¡;: ¡: 0: t! ~ 0 f" 8 '" GRAPHIC SCALE t '~ ; 5 89'24'29" E ~ N 89'24'29' II' JI9,61' ( IN !'Err ) I tnc.b - 50 Ie POINT OF BEGINNING :..£GAL DESCRIPTION (PROPOSED EASEMENT) SJ.2' 4 10 FOOT WIDE STRIP OF LAND BEING A PART OF SECTION 26, TOWNSHIP 49 SOUTH, '?ANG[ 25 EAST, COLLIER COUNTY, FlORIDA, AND B[/NG MORE PARTICULARL Y OESCRI8m AS FOLLOWS, SUBJECT PROPERTY ::OMMENCING AT THE NORTHEAST CORNER OF SAlO SECTION 26; THENCE ALONG THE VORTH LINE OF SECTION 26 NORTH 89'24'29" WEST 100.07 FEET TO A POINT ON THE If EST RIGHT-OF-WAY LINE OF AIRPORT/PULLING ROAD; THENCE ALONG SAID '(IGHT -OF -WAY LINE SOUTH 01'33'43" EAST 2.69 FEET; THENCE CONTINUING 'ALONG :>AID LINE SOUTH 00'20'09" EAST 97.32 FEET; THENCE LEAVING SAID LINE NORTH ~9'24'29' WEST 0.45 FEET TO THE NORTHEAST CORNER OF THOSE LANDS DESCRIBED N OFFICIAL RECORDS BOOK 2932, PAGE 929; THENCE CONTINUE NORTH 89"24'29" '(EST, ALONG THE NORTH LINE OF SAID LANDS, 319,61 FEa TO THE POINT OF '3EGINNING OF THE LANDS HER[/N DESCRIBED; 'HENCE SOUTH 00'20'09" EAST, 10.00 FEa EAST OF AND PARALLEL WITH THE WEST INE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2932, PAGE 929, /54.51 'EIT; THENCE NORTH 89'39'51" EAST 40,99 FEa; THENCE SOUTH 00"20'09" EAST 0,00 FEa; THENCE SOUTH 89"39'51" WEST 50.99 FEa TO THE WEST LINE O[ SAID ANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2932, PAGE 929; THENCE NORTH '0"20'09" WEST, ALONG SAID WEST LINE, 164.67 FEa TO THE NORTHWEST CORNER OF "1'.10 LANDS; THENCE SOUTH 89'24'29" EAST, ALONG THE NORT.'! LINE OF SAID LANDS, . ') 00 FEa TO THE POINT OF BEGINNING. ~ 0 ¡:¡:; l? Z :J ....¡ ~ 0... " i2 0 0... ~ =< ¡:;:; I'" c5-l~ ~ C)~8b .:r:: 0; ~ 0 U'" Uì- '" ~ )..... C:'" ~~ <: '" L..J8 æ ~ cj ~ <: ::3; u <: è5 Q ..., CO 0; 0> 97,1' ~ . ,0 .... !=> 0 '" 5J.Z' 9< J' N 89'39'51" E 40.99' @tc S 89'39'51' W 50"99' P/lOPOSED TRANsFORMER LOCItI1ON 7J.j' 4RCEL Cú'NTAlNS 2055.80 SO FT (0.047 ACRES) MORE OR LESS, UBJECT TO EA:SEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, EARINGS ARE ßK;[Q UPON THE NORTH LINE OF SECTION 26 BEING NORTH 89"24'29' EST. N 89'24'29" II' 324.54' r ESTUARY AT'GREY OAKS 1 ~~~ Þ60[ :Ðd Þ6Þ[ :HO ~~~ E:J(fiI8I1r~ Page I tit. I h. ~ ~w~~ 0 !1~:~ ~ §A"t ~ jr~~ ; ¡~;I ~ ..~ ~ ~~~~ ~ S .ð~ ei! t:rTHlS IS NOT A SURVEY~:t ~ 161 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 27,2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A, B. 6. 7, H:Data/Format Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136,06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for November 29.2003 through December 5. 2003, 2, Disbursements for December 6. 2003 through December 12. 2003, 3, Disbursements for December 13.2003 through December 19.2003, 4, Disbursements for December 20.2003 through December 26.2003, 5, Disbursements for December 27. 2003 through Januarv 2.2004, Minutes: 1. Collier County Hispanic Affairs Advisory Board - Agenda for October 30,2003; December 18,2003; Minutes of October 30, 2003, 2, Collier County Contractor's Licensing Board - Agenda for December 17, 2003, 3. Historical & Archaeological Preservation Board - Agenda for December 17,2003; Minutes of November 19,2003, 4, Pelican Bay Services Division - Budget Sub-Committee Agenda for December 10,2003, Regular Agenda for January 7, 2003; Minutes of December 3,2003; Budget Sub-Committee Minutes of November 13, 2003 and December 10, 2003; 5, Collier County Airport Authority - Agenda for December 8, 2003; Minutes of November 10,2003, Radio Road Beautification M,S,T,U" - Agenda for December 16,2003; Minutes of November 18,2003, Collier County Library Advisory Board - Agenda for December 10,2003; Minutes of October 1,2003, H:Data/Format c, 13. 14, 15, Other: 16fl 8, Collier County Plannin~ Commission - Agenda for December 18, 2003, 9, Immokalee Beautification M,S,T,U, Advisory Committee -Agenda for January 21,2004; Minutes of November 19,2003. 10. Parks and Recreation Advisory Board - Agenda for December 17, 2003; Minutes of November 19, 2003, 11. Lely Golf Estates Beautification M,S, T.U, - Agenda for December 18, 2003. 12. Vanderbilt Beach M,S,T,U, - Agenda for January 8, 2004; Minutes of December 4,2003, Citizen Advisory Task Force - Agenda for December 18,2003; Minutes of December 18,2003, Environmental Advisory Council - Agenda for December 8, 2003, January 7, 2004; Minutes of December 8, 2003, Health and Human Services Advisory Committee - Agenda for September 18,2003; Minutes of May 15,2003. 1) Collier Park of Commerce Owner's Association - Annual meeting of the Board of Collier Park of Commerce Owner's Association; Operating Budget for 2004 --------..- 161 1 RECEIVED JAN 0 6 2004 Clerk of the Circuit Court Collier County, Florida ßoard of Count,V Commì s s ioners Finance & Accounting Department MEMORANDUM Date: 12/05/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period November 29, 2003 through December 5, 2003, In accordance with Florida Statutes, Chapter 136,06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481. " ':. ..bí()...j - !i I4!Ctj I ~\ iD: -~_.~ ~. ~~H~1 ~V"",,. Naples Company code 1000 Bank ~ Bank keys Acct nulTll:>:r Cheek 657990 657992 657993 657994 657995 657996 657997 651998 657999 658000 658001 658002 658003 658004 658005 658006 658007 658008 658009 658010 658011 658012 658013 658014 658015 658016 658017 658018 658019 658022 658023 658024 658025 658026 658027 658028 658029 658030 658031 658032 658033 658034 658035 658036 - FNBAP 067013700 A/I' creeK reglster 01/02/2004 / User: 1U8593 First National Bank of Naples Page: 200003124212/01/2003 USD .2000031254 12/03/2003 USD 200003125612/03/2003 USD 2000031257 12/03/2003 USD 2000031258 12/03/2003 USD 200003125912/03/2003 USD 200003126012/03/2003 USD 2000031261 12/03/2003 USD 200003126212/03/2003 USD 2000031263 12/03/2003 USD 200003126412/03/2003 USD 200003126512/03/2003 USD 200003126612/03/2003 USD 2000031267 12/03/2003 VSD 200003126812/03/2003 USD 2000031269 12/03/2003 USD 200003127012/03/2003 USD 200003127112/03/2003 USD 200003127212/03/2003 USD 2000031273 12/03/2003 USD 200003127412/03/2003 USD 2000031275 12/03/2003 VSD 200003127612/03/2003 USD 2000031278 12/03/2003 USD 200003127912/03/2003 USD 200003128012/03/2003 USD 200003128112/03/2003 USD 2000031282 12/03/2003 USD 200003128312/03/2003 USD 2000031287 12/03/2003 USD 200003128812/03/2003 USD 2000031289 12/03/2003 USD 200003129012/03/2003 USD 2000031291 12/03/2003 USD 200003129212/03/2003 USD 2000031293 12/03/2003 USD 200003129412/03/2003 USD 200003129512/03/2003 USD 200003129612/03/2003 USD 2000031297 12/03/2003 USD 2000031298 12/03/2003 USD 2000031299 12/03/2003 USD 200003130012/03/2003 USD 200003130112/03/2003 USD 10,928.56 UNIFORMS BY RSVP NAPLES FL 300.00 FEDERAL RESERVE BANK OFRICHMCRICHMOND VA 286.75 LAW OFFICES OF ERSKINE AND FLEFT LAUDERrALE FL 35,185,90 NATIONWIDE RETIREMENT SOLUTroN::OLUMBUS æ 217.00 FLORIDA DEPARTMENT OF EDUCATIOTALLAHASSEE FL 275.00 INTERNAL. REVENUE SERVICE DORAVILLE GA 174.51 LOYAL AMERICAN LIFE INSURANCE BIRMINGHAM AL 895.19 DWIGHT E BROCK,CLERICOF COUR'INAPLESFL 7,945.38 STATE OF FLORIDA DISBURSEMENT TALLAHASSEE FL 125.50 MISDU LANSINGMI 179.08 HARRIS COUNTY CHILD SUPPORT HOUSTON TX 155.72 OHIO CHILD SUPPORT PAYMENT CEN::OLUMBUS æ 100.00 MARYLAND CHILD SUPPCRT BALTIMCRE MD 222.50 ADMIN FOR CHILD SUPEORT ENFORŒAN JUAN 140.00 STATE DISBURSEMENT UNIT CAROL STREAM IL 601,97 MINNESOTA CHILD SUP FORT ST PAULMN 543.24 COLLECTION SERVICES CENTER DES MOINES IA 443" 83 UNITED WAY NAPLES FL 2,007.88 SOUTHWEST FL PROFESSIONAL FIREFT MYERS FL IAFF 3670 EVERGLADES CITYFL 232.47 FIRST UNION FINANCIAL NAPLES FL 98,642.05 BOARD OFæUNTYCOMMISSIONERSNApLES FL 5,045.35 METROpOLI~ LIFE PALATINE IL 158.76 Collections and Distribution (Washington DC 25.00 United States Treasury Kansas CIty MO 115.35 EdueationDebt Services,Inc.Indianapolis IN 305.52 Internal Revenue Service Fort Myers FL 82.42 US DEPART1-IENT OF EDOCATroN GREENVILLE TX 210.00 Olga partela Hialeah FL 2,498.76 21ST CENTURY ONCOLOGY ORLANPOFL 1,686.26 AAA GENERATOR & PUMP INC FT MYERS FL 9,180.00 AACTION MULCH OF SW FLINC FTMYERSFL 711.00 ACCRIS BOCA RATON FL 232,35 ACTION AUIDMATIC DOCR COMPANY NAPLES FL 733.68 ADAMS TANK & LIFT PINELLAS PARK FL 514.25 ADVANCED. FIRE SYSTEM) INCNApLES FL 2,993.50 AERO PRODOCTS CORP SIlliFORD FL 59.00 AFAA SHERMI\N OAKS CA 78,360.95 AGNOLI BARBER & BRUNDAGE INC ~pLES FL 4,307.25 ALAN &PA1RICIA BOOLE~NAPLES FL 415.12 ALERT RESPIRATORY SERVICES INCFT MYERS FL 4,752.39 ALLEN NORIDN & BLUEpACOAAL I7ú3LES FL 73.75 ALLIED SUPPLY CLEAN AIR NAPLES FL 1,236.20 ALLIED UNIVERSAL INC MIAMI 14 :25 :08 MURRAYCC 1 DuaLU UL UJUULY LVIIIlIi. Naples Company code 1000 Bank Bank keys Acct numl:er - Check ,M~Mi.$~(i":I¥~ 65'8037 658038 658039 658040 658041 658042 658043 658044 658045 658046 658047 658048 658049 658050 658051 658052 658053 658054 658055 658056 658057 658058 658059 658060 658061 658062 658063 658064 658065 658066 658067 658068 658069 658070 658071 658072 658073 658074 658075 658076 658077 658078 658079 658080 FNBAP 067013700 A/P Creek register 01/02/2004 / LSer: Page: 14:25:08 MURRAYCC 2 1138593 First National Bank of Naples ... ...." .................. ~iiiyW#W 200003130212/03/2003 USD 2000031303 12/03/2003 USD 200003130412/03/2003 USD 2000031305 12/03/2003 USD 200003130612/03/2003 USD 200003130712/03/2003 USD 200003130812/03/2003 USD 2000031309 12/03/2003 USD 200003131012/03/2003 USD 200003131112/03/2003 USD 200003131212/03/2003 USD 2000031313 12/03/2003 USD 200003131412/03/2003 USD 200003131512/03/2003 USD 200003131612/03/2003 USD 2000031317 12/03/2003 USD 200003131812/03/2003 USD 2000031319 12/03/2003 USD 200003132012/03/2003 USD 2000031321 12/03/2003 tJSD 200003132212/03/2003 USD 200003132312/03/2003 USD 200003132412/03/2003 USD 200003132512/03/2003 USD 200003132612/03/2003 USD 2000031327 12/03/2003 USD 200003132812/03/2003 USD 2000031329 12/03/2003 USD 200003133012/03/2003 USD 2000031331 12/03/2003 USD 200003133212/03/2003 USD 2000031333 12/03/2003 USD 200003133412/03/2003 USD 2000031335 12/03/2003 USD 200003133612/03/2003 USD 2000031337 12/03/2003 USD 200003133812/03/2003 USD 2000031339 12/03/2003 USD 200003134012/03/2003 USD 200003134112/03/2003 USD 200003134212/03/2003 USD 2000031343 12/03/2003 USD 200003134412/03/2003 USD 200003134512/03/2003 USD 8,718.71 ALLIED UNIVERSAL CORPORATION MIAMI FL 3,885.57 ALLTEL COMo1UNICATIONS. INC FT MYERS FL 178.20 ALPHA CHEMICAL NAPLEE FL 88.50 ALpHA OMEGA. BUSINESS SYSTEMS Nl\pLES FL 6,540.52 ALPINE BR~DCASTING NAPLES FL 311.17 AMERICAN. RADIOLOGY SERVICES. HÐAPLES FL 2,743.93 AMERIGAS IDNITA SPRINGS FL 239.66 ANCHOR HEALTH CENTERS NAPLES FL 350.00 ANCHOR HEALTH CENTERS NAPLES FL 165.00 ANOTHER PRINTER BONITA SPRINGS FL 165.00 AQUA PURE OF SW FLORIDA INDIANI\POLIS IN 1,832.18 ARNOLD PROpERTIES. IN:: NAPLES FL 592.00 ARSENE MAJUSTE NAPLEE FL 1,431.00 ASTOR CHEMICAL STUARr FL 471.24 AT&T PHOENIZ AZ 2,026.52 AT&T WIREtESSPHOENIX AZ 6,902.00 AUREUS INTERNATIONAL ENTERPRISE AL 253: 68 AZTEK COMMJNICATIONS NAPLES FL 266.00 B&B HYDRAULICS NAPLEE FL 138.00 B&BTOWING NAPLES. FL 60.93 B&L HARDWARE IMMOKAlEE FL ,687.13 BAKER & TAYLOR COMPANY PHILADELPHIA PA 521,731.24 BETTER ROADS INC NAPLES FL 452 ;99 BILL SMITH APPLIANCESFT MYERS. FL 318.50 BLISS PRODUCTS & SERVICES NAPlES FL BLUELINEINC SARASO'JA 3O.02IBOB DEAN illPPLY INC FT MYERS FL 03.43 BOB. TAYLOR CHEvROLET NAPLES FL 352.32 BONITAAUID SUPPLY/N\PA BONITASPRINGS FL aONNESS IN::NAPLESFL 322.40 BOOKS ON 'JAPE INC SANTA ANA CA 56,346.00 BRODARTIN: WILLIAMSPORT PA 2,200.00 BURZYNSKI LAW OFFICE PA NAPLES VA 592 .20 awl/BOOK I+!OLESALERS INC LEXIN3TON KY 178.00 CANAL BANK ASSOCIATEE INC WINŒOR LOCKS CT CAPRILANIECAPING & LAWN SERVINAPLES FL 65.85 CARDIAC SURGICAL ASSOCIATES FT MYERS FL 500.00 CARIBBEAN LAWN SERVICE NAPLESFL 2,959.04 CDW GOVERNMENT INC CHICAGO IL 4,981.34 CECILS COPY" EXPRESS NAPLES FL 1,486.69 CED INC NAPLES FL 6,150,61 CED INC CREDIT TAMPA i"L 1,475.88 CHALET OF SAN MARCO MARCO ISLAND FL 00 CHAZEQUHMENT WELLINGTON FL g§§ooooooogooooooooo o ......... ooo~ oooooo~ oo oooo ooooooo~o~°°°°°°°°°°°°°~oooooo o o~oo~ oo~ ~ ~~ ~oo~ ~ oo ~ 0~ ~ ~ ~qq ......... .... ~ oooo~ oo ~ oo ~ ~ o ~~ ~ ~~oo~oo~oo~ ~ ~ oooooooo ~ ~ ~ ::~ ..... ..... o o o o o o o o .................................. : ' ........ o o ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ .... ......... :[:[Si:i: ~ ~~ ........... ~ ~ ~ ~ ? o~ ~ ........... oo ~ooooooooooo~oo~~ oo° ~ : oo°° ....oo oo° ..... ooooooooooo° o o o o o o ~oooooooooooooooooooooo ° ° ° © © ° ° © ° ° o o o o ° ° ° ° ° ° ~°°~ .... ~ .... oo ............................................ :i~: 0 ~ 0 ~ ~ ~ ~ ~ ~ oo ~ ~ ~ z~ ~ ~ ~ z ....... ........ ~ X~ ~ ~ !:::i:'::: ~ ~ -"- '. ~:~: ooooo ..... ooo ..... oo§ §oo°°ooooooooooo°§§ oooo oooooooooooooooooooo goooooooooooooooo ~o .......... ~ o ..... o ..... o ......... ooo§o ..... §g§ ..... ~oog ::=::: ............................................ ~o ~~ ~ ~ ~ ~EE ::~:? ~:~:~: ~m .......... E°~ ~ ~~ ~a~ ~>~ ~ooo~ .o~ ....... 0~~~H~~ Q~Q~ ~ O0 :~:~: ~ ~ ~ ~ ~ ~ ::B::::: ~ ~ ~a~ ~ ~ ~ ~ ......... ~ ~ ~ ~ :::::::: ~:~: :¢:!:i 16t 1 o0o0~o0 ooooooo ~°°°~°°°°° ........ ........................................... ~ ~ ~ m ~ m :::::.: ~00 ~ ::~:: ~ ~ .'-.'.' ~ ~ ........... .... ..... ~ z~ ~¢.: .......... ~ ~ .......... ~ ~ ~ ~ i:i:i:!:~.:::::::::: 16'1 l! ooooooo~OOOOOOOOOOOOOOOooo~oo~ o oo o o oo o ~ o o o o o o o o o o o o o ~ ooo o ~ ~ o oo ~° °o o o o oo ~° o~o~ ....~ ~o~ooo~ .... ~ ~ oo o~ .... ~ :~:E:~:i: 0 ....................... ..................... ~ ~ ~ ~ ~ o ~:~::i: 0 ~ ~ ~ :~::::: ~ ~~ ~M~i~ ~i~ ~o~ ~~ .......... · ~ ~ ~~ ~o .~ .......... ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ o ~ ~ ~. ~ i:::!s!: ~ ~ ~ ,:.::-::- ::~:E: ~~ ~ ~ ~ ....... ooog ...... g o ~oo o u u u u u o u u u o u u u u u u u o o u u u u u u o u u u u u u u u u u u u u o u u u ii~ijiil :i:i:i:i:) 0 !:~:i: ..... ~ .... ~~o ~g ~o~ 5~ ~ ~~o~o~~~ ~ ~o~ : .... ..... ......... ............................................. o o ~ ~ o ~ ~ o ~ ~ ?:2!i ~ -- ~o~z ..... i:~.:~: ~ ~ ......., ~ ~ R~> ~ ~ ~° :~::: ~ ~ ~ ~ ~ :::::::: ~ ~ ~ ~ ~ ~ ~ ~ ~ .......... ~ ~ ~ ........... :~::! 81:71:1 :.:.:.:.:.[iiiiiii~i: ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ · · ~ ~ ~ :.0:'::: 0 ~ ~ ~ ~ ~ ~ ~ g,--. ::~.': ~ · · ~ ~ ~ ·n ~. ~- ~ :-~:~:. ~ ~ ~ ~ ~ · ~ ~ ~ ~ :::::::::: 818:! :~:!: i:~:::~ :lO:i:? ~ 161 ~ ~ ......... oo§oooooo ~ °°~ .... ~§ ~ i:~:~: o ~ ooooooooooooo ooooooo ooo oooooo oo ~ oooooooooo o ooo oo ~oooooo : .... oooooo~ ooooooo ~ ~ ~ o .......... '~:S 161 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department RECEIVED JAN O 6 200~ Board of County Commissioners MEMORANDUM Date: To: From: Re: 12/12/03 Board of County Commissioners Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period December 6, 2003 through December 12, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. oooooooooooo :gooo ooooooooooooogoogoooo gooo~ oo§§ooooooooggooo§oooooooooooo§g§og§oogo§ogg oo oooooooo ooooo~oooooo~~_ ooo~0o0o0o0ooo0o0ooo0o0o0o Ooooooooom :[:[:!:!:! oo0oo0oo0o00o00o00oo0ooo0ooo0oo~0oooo00ooooo i~i:i:: ............- ' i:~i:i:i ~~o~oo~o~o~O0~oo0o~oomo~~o~oo~o~ i:~:!:i H O~ ~ · Z ~ ~ ~ ~ ~ :~::: ~ ~ ~ ~ ~ ......... :~:~: ::0:::!: :!:i:!:::i o ~ 0o0000oo0o0o0~oo0o000o0~0ooo00 0ooo00oo0o0~ oooo oooooo o oo 0 oo0oo0 oo~ooo OO o ooo~oooooo~~o~o~oo~~ ~ ~ ~ ~ ~ ~~°° ~ ~° ~ ~o~~°°°°~ ~~°°°~ ~ ....,,..,..,,,::~:~:: ~~ ~00 O~ ~~ ~ ~ ~ ~ 0 ::~:i:i: ~ ~ O~ ~ ~ ~ ~m~ ~ ..'-'-.' ~ 0 ~O0~H~ ~ .-...... ~ ~ ~ ~ P ::'::::::: :~:i: ~ o o~ ~ ~ ~ - -o o o o o o o o o oo_§ goo gg ....oooo §§oo§gooo§ooogo§o§oo§og~§ooooooo§ogOOoo . .... i:~i:i:: :i:i:i:~:~: 0 .... ~ g ~ ~ · ........ O~ ~ ~ ~, ~ ~ ~ :~::i 0 ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ::~::: oo mmmmmmmm ~ H~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ 0 ~ ~ ~ ~ ~' ~ ~m ~ ~ ~ ~ ::::::::::' 0 ~ ~ ~ ~ ~ ~ < ~ ~ ~ ::':':':': ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ :'::::::::: ~ ~ ~°~ ~ o · ......... ~0 ~ '""'"" ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ::::::x: ~9 ~ ~ ~ ~ ~ :::::::::' -16 ~oooooOOOO§~°°§oo ~oO oo oo o o o ~ ~ oooo oo ~o~ ~ooOO gg§o Soooo ooo goo g o gooooooo ooo oo oo o ~ ~ o o o o o o ? o o o o o o o o o o o o o o :i:i:i:i:i: ..... ~ooo~oo~~ .....~ ~ ~°°°~°~°°°°~°°°~°°°~°°~ ~ ~ ~ ~ ~ ~ ~ ............-..-.~:~i:!:i ~ ~0 . ~~ ~ ~ ~ o ~ ~ ~ z ~ c ~ ~ ~ ~ ~ ~~ o ~ ........... ......... ~ ~ ~ ~ ~ ~ ::::::: ~~ 0 ~ ::'::: ::: ~ ~ :::::::::: ~ ~ :::::::::: :~:i:i [:~i:~:. !:~!:!:: ooooooooooooooooo~ooo oooo oo~ oo i:~i:!:~ o ooooooooooooooooooooo ooooo oo~ ~ oo~oooo~oo~ oo~ oo~ o oo~ oo oooooooooooo~oooooooooooo~oo~~ i ° O0 000 ~ ~ !: ::[:: H~ .... ~ m ~~ ~ ~ ~ ......... ~ ~U~~ ~ ~~ ~~~ ::~:::: .... 3;3. ~ ~ ::,:.::. ~ ~ ~ ~ ~ ~ ~ ~ :::::::d :i0 ~:: :~? i:~!:':! Clerk of the Circuit Court Collier County, Florida ECEIVED lAN 0 6 200~ Board of Sounty Commissioners Finance & Accounting Department MEMORANDUM Date: To.' From: Re: 12/19/03 Board of County Commissioners Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period December 13, 2003 through December 19, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. ~~~g~o oo ~oo ~ ~~~oooo oo ~~~o o o ~ ~oo~ oooooo ..... O§§oo o oooooo g§ oo o ...... ooo§ o§ § § §° g° © ° ~ ~ ~ ~ ~ ~~ ~o ~ ~ ~ ~ ~ ~ o o o ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ :~:.:':':'::': ©0 ~0 ~9~~ ~ ~ .~ ~ ~o -o~o> ~o o~o~ ~0 ~ ~ ::~:;::: ~~ ~ ~~ , ...... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 :::::8:: ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ::::::::: ~ ....... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ m ~ ::::::::::: :lO:E: :~:::!: ~ ~ o ...... ~ o o o o o o o o o o o o o ..... o o o o_s .... ~? o ogooooooogooooooooogooogogooooggooogooo oooo ooooooooooooooogooogoooooooO§oooooooo oo gooo .....oo oo ::~::i: oooo~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ::~:::: ~ ~°~o~~ ~g~ ::~:::::~:~ o~ ~ ~ ~ ~ ......... Z~ "'"'" ~, o~ oo~oo ~ o~ ~ ~ ~ ......... ~ ..-...... ~ ~ ~ ~ ...-....... ~ ~ ~ ::::::::: ....... § g§§go oooooooo o ...... §oo o §oo o goo oo oo ooo oo o§oooo ...... oo§§ooogooo§§§ggoooog§ggoooogo§§gg°§ooo ooo oooo oo09oooooooo oooo o o ::~::::: ~oo~ ~ ~ ooo~ OO ~~ .... ~ ~ ~ o ~ ::::::::: ::~::!: :~:!: goo o~o :~:.: ......... ~ 0 :~:::: ~ .......... :~ ..... ~ ::::::::::: :::::::::: :::::::: :iO:i:i ooo ooo oo§ooo o o§o oo ooo oo§§oooooo§gooooo§oo§§§g ...... o.~o§o gooo ~ Z ~ '""-'"' :~l:!:i ............. :~::~ ~ 0 0 0 ~ ~ ~:~:~: ~ ~ ~ ~ ~ ~ ~ ~ ::~:'::: ~ ~ 0 ~ ~ ~ ~ S ~ :~:~:~:~:~: ~ ~ ~ ~ P ~ ~ :.:.:-::- ~ ~ ~ z ~ m m x ~::~:~:~:: ~ ~ ~ ~ ~ ::::::.::: :::::::::::::::::::::: :~0:~:: 161 JAN 0 6 200~, Clerk of the Circuit Court ~ard of ~;ounty Commiss loners Collier County, Florida Finance & Accouuting Department MEMORANDUM Date: To: From: Re: 12/26/03 Board of County Commissioners Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period December 20, 2003 through December 26, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. o ~ooo ooo ooo o o oo o o o ooooo oo oo o oooo o o o oooo0o0o0o0o 0oo 0 0 0ooo0~ 0o00~o00ooo ooooooo ...... oo~ooo~o§o§ooooo oooooooooooo§ oo~ ..............~ ~ ~ ~¢ ~o~ ~ .... ~ ~~~ ~~ ..... ~ ooogooooo .... gooogooggg§oooo§§g~ogoooog§§g°° u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u ii~ilili .............. ?~!:): ....................... :~i:i: ...... ~ ..... : ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ .:~::::: ~ ~ ::~U:: ~ ~ ..... ~ ~© ~ ~0~ O~ ~ ~0~ ~ ~ ~o~u ~ ~ °~°o ..... 9~ ~ =~ .......... ~ 0 0 ~ ~ H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :i:::i:18 ~~ ~ ~ ~ ~ ::::::.:: ~~ ~ ~ ...... ~ ~ m ~ ~ :::::::: ~ :~:' M ~:~::!: 161!1 i:: :3i: o o~ o o o o o o o o o o o o o o o o o o o o o~ ~ ~ o ~ o ~ o o o oooo o o o~ §~ ~ oo oo g g§ooo §oo §ooogooooo § oo oo o o oo §§ooo§o°o°§g°°°§°°°§°°§g°°°°§g§g°°°°§°°g°°°° u u o u u u o u u u u u u u u u u u u u u u u u u u u u o u u u u u u u u u u u u u ° u ii~iii!i 0 ~ ::~:::': ~ ~ ~ ~ ::~:i: ~ ~ ~ ~ ~ ~ ......... ~o~ · ~ :!~:::i: m o m m m ~ m ~ o ~ z ~ ~ m o ~ 0 m ~ :~:i: ~~ ~ ~ ~ ......... ~ ~ < ~ ~ .......... m~ m m ~ ~ n ~ m ~ m ~ .......... ~ ~ ~ . ~ :::::::::: .:::::.::: ~ o o o o o o o o o o o o o o o o o .... o o o o o o o o o o o o o o o ..... oo§§oo§§ooo§ooo§ooooooooo§oog§g§§~o°~§§~§ ...... ooooooooo ..... o§o ..... §§ .... ooooooooo§ ::~::: ~ uu u u u u u u u u u u u u u u u* u u u u u u u u u u u u u u u u u u u u u u u u u ii~iiiil ...... ~' - . g g ~ ~ ...... ~:~ ~ ~ ~=o~X~oo~ ~ :~:':: 0 ~ ~ q ~ ~ ~ ~ ~ :::::::::: ~ ~ ~ 0 .'.'-".' :~:~ ooooo~ ~ooooooo~o~oooo ~ooo~ o o OO§oOOo oo oooo oo ooOOooooo o§ gOOoo .... ooo~ooo~o ~0 ~~ O~ ~ ~0~0~O~ ::~:i:i: ~0 0~~ ~ ~ ~ .' .-.'.' ~ ~ ~ ~ ::::::::::: 0 ~ ~ ~ ~ ::::::::::: ~ ~ m ~ ~ ~ ::::::::::: oooo o o o o o o o o o o o o o o o o o ~ oo o o~ o o ~ o o o o ~ oo°°~ ~ oooooooooOOoooooooooo o ~ oo°°°°°°°°°~°°ooo~ooooo°o°°°°°oo oo~oo oo oooo§gg§g§ ........ §g§gogo°°°§ggg°°§§°°§g°°°g ~ o o o o o o o o o o o o o o o o o o o o o o o u u u u o u o u u u u u u u u o u u u u u o u u u u u u u u u u u u 0 u u u u u u u u u i{~!iiii ............................................ NO~ .... ~ ~-~ 0~-~0~. ~. ~m ~ O ~ ~ ~ ~ ~ ~ 0 ~ ~ m ~ ~ ~ '.'.'. -' ~ 0 o ~:~:~:~:~:~ 0 .......... :~:~: 0 ~ ~ :.:-: :.:.: 161 :~:~:~: 0 ~ ::~::::: :~:i: ~:~:~:~:~: :~:~: 161 I Clerk of the Circuit Court Collier County, Florida %o~r~ of Cou~t~ Commissioners Finance & Accounting Department MEMORANDUM Date: To: From: Re: 01/02/04 Board of County Commissioners Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period December 27, 2003 through January 2, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. ......... ooooooooooogoooooo §oooooo§gooooog oo_~ooooooooooooooooo ooooooo oooooo ooooo :~:~:~ ::~:i. ~~oo~oooooooooooooooooooo~ooooo~oooo .......... - · : ~ -~ ~ ~ ~ .... ~ ~ ~. ......,. CH~ O~ ~ · ~ =~ · .......... 0 ~ 0 ::~8 ~ ~ ~ 0 ~ 0 ~ ~ ~ ~ 0 ~g x~o ~z ~~ ~ ...-.... ~ ~o~g ....... ~ ~ ~ ~ ~ ~ > ox~ .... ~ ...-.. ~, ~ ~ H Z ~ ~ "'"' ~ ~ ~ ~ ~ H ~g~ i~:i~iiiii::::::: ~ H. ~ ~ ~ .::..: ~ ~ U P :: ::::: :: :~:~: ......... ~oo ~oo oo o~oo o ~oo ~ o ~ oo ~ oo o o § o§ oo § ooooo oo oooo ooo .... oo §o o o o oo oooo OOooO ~ goooo oooooooo~oooooo~ooo~oooooooooo~ooooooo~oooo ::~i::: ~ ~ O~Z~ ~ ~~00~ ~0~ ~:~:::::::: ~0 ~ ~ ~ ~ ::::::::::: ~ ~ ~ 0 ~ ~ ~ :::::::::: :~.i: :!0::~: ooo~ ......... ooo~oo~oooooo~ ...... ~ ..... ~gooo ooooog~ ~ ' .... oooooooooooooooooooooooooooo~ooooooooooo ........... ~ o o ~§~ ~°° ~§ ~ ooo§g~o§oO~§o o o o o oo o ..... o o ~ ~ o o o o o° o o o o o o o o u u u u u u u u ~ u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u ii,!ii! ...................................... ~ ~ ~ ~ ~ ~ H ::~::: . ...... o~ ~ ~-~ ~o~ ~°~ ......... ~ ~ ~ ~ :i~:i:~:::m::::: ~ ~ . ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ :::::::::: ~ ~ ...-..-.. ~ ~ ~ ~ ~ ........... ~ ~ .....:... 0 ::~::F:: ..... ~::: < < ~ :: ::::: '~:E :~:~: ~:~:~:: :~0:~:~: 12/11/2883 17:22 7748381 PUB INFO PAGE 82/83 COLLIER~UNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) Fiala ' ~/~/~ THURSDAY, DECEMBER 18, 2003, 6:00 P.M. : Halas Henning V/ Collier County Goverument Center '/' Coyle ~,~( Board Chambers, 3'~ Floor, Administration Bldg. F Coletta F 3301 East Tamiaml Trail Naples, FL 34112 NOTICE ** AU interested pm-des arc invited to attend, and to register to speak and to submit their objections, if any, in writing, to thc board prior to the meeting if applicable ** For more information, please contact Michael W. PeNt at (239) 774-8400. ** If you arc a person with a disability who needs any accommodation in order to participate in this proceeding, you, arc entitled, at no cost to you, to the provision of certain assistance. Please contact the Collic~ County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380, ** Public comments will be limited to $ minutes unless permission for additional t/me is granted by thc Chairman. ** Collier County Ordinance No. 99-22 requirc.s that ail lobbyis~s shall, before engaging in any lobbying activities (including, but not limited to, addre~sMg the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Departmem. AGENDA I. 6:00 P.M. Meeting Called to Order II. HI. IV. Adoption of Minutes from November 20, 2003 Meeting New Business A. Presentation. of"2003 Citizen of the Year" Award. Public Comments Meeting Adjourns BOARD MINUTES OF OCTOBER 30, 2003 MEETING HELD AT THE COLLIER COUNTY gOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ~lgMINI~TRATION BUILDING F, 3301 EAST TA1WIAMI TRAIL, NAPLES, FLORIDA hlala __ ,' Halas _ /-"'~/' ~ . Present: Henning~ V' Absent: . C, oyle ~ Carlos Aviles, HAAB ~vte~tta Elsa Maria Hernandez, HAAB Member Susan Calkins, HAAB Member Robert Pina, HAAB Member David Correa, HAAB Member Ernesto Labrador, HAAB Member Teresa Nelson, HAAB Member Sofia Pagan, HAAB Member (had to leave meeting early for trip out of country) Lourdes Ramann, HAAB Member Also Present: Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison to HAAB Dr. Frederick Tuttle, Director, Lorenzo Walker Institute of Technology Liza McClenaghan The meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) commenced at approximately 6:05 p.m. At the outset, it was determined that a quorum was present. Mr. Correa moved that the minutes be adopted from the September 25, 2003 meeting and his motion was seconded by Ernesto Labrador after Susan Calkins requested a slight modification to the minutes as is reflected in the filed minutes. The motion to adopt the minutes from the September 25, 2003 meeting passed 6-0. No discussion was had regarding determination of excused absences from previous meetings. New Board member, Elsa Maria Hernandez, was not present and therefore no introduction occurred. Under New Business, Dr. Frederick Tuttle, Director, Lorenzo Walker Institute of Technology spoke about the three basic vocational programs available through the Lorenzo Walker Institute. These programs include certification programs, often running from six months to two years. Certifications are available in such areas as licensed practical nursing, culinary arts and automotive technology. In addition, Dr. Tuttle described the continuing workforce program, which is a short term program consisting primarily of night courses for persons who want to advance or improve skills in their current positions. One such program described by Dr. Tuttle is blueprint reading. The third program described by Dr. Tuttle was what he referred to as a 400 level program or basic skills program. The central purpose of this program is to allow persons to obtain either a GED or at least upgrade academic skills sufficiently to be able to Participate ifil. certification programs. This program also has an English as second lah~ag~ponent. 161 Dr. Tuttle stated that the Lorenzo Walker Institute programs are, for the most part, funded by the state and not the local school district. He stated that all students must pay tuition except for students participating in the basic skills program for upgrading academic and language skills. Dr. Tuttle reported that about 68 % of the students are Hispanic. He stated that recruiting is not so difficult. Rather, it is important to convince students to improve basic academic and language skills first before attempting to enter certification programs. There was discussion about the need to work with certain communities through liaisons in the particular community. Mr. Correa asked about the Microsoft program. Dr. Turtle explained that students can take a test in Microsoft Office technology and if they achieve a passing grade, the students are provided a certificate to show that they have met industry standards. Dr. Tuttle also described how the site in Immokalee is being renovated. One idea for Immokalee is to use short term or pre-apprenticeship programs to assist students in obtaining a certificate and then obtaining a job as soon as possible. These programs will operate in modules with tests and certifications, taking into account the fact that many people do not have the ability to go to school full time but need to work. Ms. Calkins asked about certification programs in Immokalee and Dr. Tuttle stated that there would be certified nursing programs, Microsoft Office programs, business technology programs, automotive technology programs, and home health aide programs. Mr. Labrador and Dr. Tuttle discussed the need and importance of developing basic educational skills and developing courses to improve language skills. Mr. Labrador wondered whether there was going to be an attempt to duplicate in Immokalee what is in Naples and Dr. Tuttle said that while the programs will not be identical, they will be similar. As an example, he discussed the plan to develop an aviation mechanics program in Immokalee. Dr. Tuttle also stated that one problem in Immokalee is attendance. There are no lunch room facilities. Often as many as 80 students sign up for a course but only 5 or 6 attend on a regular basis. Lorenzo Walker Institute wants to build an apprentice center at Immokalee Airport and attempt to get training underway before the Ave Mafia project commences. Ms. Nelson asked Dr. Tuttle about grants. He described several types of grants available to students including Pell Grants and a Lorenzo Walker Foundation Grant. There was also discussion about the ACE (sp?) program and possibly converting it to a full time program for juniors and seniors in high school. There was discussion about the need for childcare for students. There was also discussion about the need for teaching reading, writing and English before beginning a vocational program. Ms. Calkins asked whether money from the Lorenzo Walker Foundation also supports Bethune. Dr. Tuttle said it did and that money was not the problem for students at the Lorenzo Walker Institute. Rather, the problem was ensuring or getting attendance. He pointed out that there was no cost for the basic skills course. David Correa asked whether any student could get educational opportunities and Dr. Tuttle said they could but that it can be difficult where there are no lunch room facilities and the like. Dr. Tuttle also discussed adults with disabilities programs. Mr. Labrador asked about whether other services needed to be made available to students, especially in Immokalee. Dr. Tuttle stated that it is important to work with the community about work ethic. He made the point that 161' while the certification course attendance and effort is good, the basic skills program has great difficulty with attendance. He made the point that there needed to be some effort to include food service with that program. He also talked about the need for healthcare services, which currently have a cost. Mr. Aviles asked what HAAB could do to help out on behalf of the Hispanic community. Dr. Turtle stated that there needed to be a dialogue with the Hispanic community about the services and what is available for the Hispanic community at the Lorenzo Walker Institute. There was discussion about Spanish programs for supervisors and Spanish programs for law enforcement officers through the Institute. There was also discussion about advertising the Lorenzo Walker Institute programs on the Spanish radio and in Spanish newspapers. The next item discussed was the County Attorney Workshop for advisory board members on the Sunshine Law, ethics laws and rules, public records and ex parte disclosures scheduled for December and again in January. A schedule sheet was passed out to HAAB members by Chief Assistant County Attorney Michael Pettit. Turning to Old Business, there was discussion among HAAB members regarding attendance at the County's Community Relations and Information Referral Service Forums held in October in Immokalee and Golden Gate. There was discussion about the fact that brochures were available in English, Spanish and Creole. Mr. Aviles noted that Jim Mudd attended the forum in Golden Gate. There was concern expressed that the Referral Service does not have an interpreter on hand. In attendance at these forums was Mario Valle from the Florida Commission on Human Relations. Mr. Aviles made the point again that Mr. Valle has stressed that for FCHR to open an office here or if there is to be more extensive local control, there needs to be a record of complaints. There was extensive discussion among HAAB members regarding the Community Relations and Information Referral Service for discrimination complaints. Mr. Calkins wanted to be sure that there was a means of keeping track of every complaint. Concern was again expressed about the lack of Spanish speakers to assist. Mr. Correa asked whether the service was part of a separate department and Mr. Aviles said no and that there was no budget for the service. Mr. Labrador observed that if the Referral Service was ineffective, was it really needed? There was discussion by Mr. Aviles and Mr. Labrador about funds for hiring a Spanish speaker to assist the Referral Service Program. There was discussion about the possibility of having a satellite office for the Referral Service in Immokalee. There then was discussion about possibly obtaining volunteers to help with complaints from Spanish speaking persons. Mr. Labrador suggested the need to communicate to the Hispanic community of churches for such volunteers to work in the Referral Service Office. Mr. Correa wondered whether there was a need. Mr. Aviles suggested the possibility of a language line telephone service for referrals. Mr. Aviles discussed preparing a letter to suggest an online announcement on the government channel. Ms. Nelson also raised the possibility of having schools distribute brochures from the Referral Service, especially in the Immokalee area. Mr. Aviles talked about the need for a brochure in the high schools and a Spanish speaking person in the office. Liza McClenaghan suggested contacting Hilda Perez, who is the chairperson of the Southwest Florida Hispanic Media Group. Mr. Aviles stated he would write a letter to the County requesting a person who could translate Spanish and setting up a satellite office in Immokalee for certain hours and also passing out brochures in the high school. There was also discussion that the letter should propose placement of brochures in places of worship. Ms. Ramann moved that Mr. Aviles be directed to write the letter and Mr. Correa seconded and the motion passed 6-0. 161 There then followed discussion by Ms. Ramann about the lack of attendance at St. Peter's to English classes. The next item discussed was the progress on the continuing goal to honor Judge Ramiro Mafialich. The wording of the plaque was discussed and the need to obtain BCC approval for a budget amendment prior to the purchase of the plaque was also discussed. Chief Assistant County Attorney Michael Pettit agreed to place this item on the BCC Agenda. This plaque would be to honor Judge Mafialich as HAAB Citizen of the Year. Discussion occurred about who to invite to the HAAB Meeting when the plaque would be presented. There was discussion that it would be the only item on the agenda. It was determined that local elected officials and political representatives should be invited. There also was discussion about making this event occur in October in future years in honor of Hispanic heritage. The next item discussed was the website. Chief Assistant County Attorney Michael Pettit passed out information obtained on the website and explained that most advisory boards do not have a website and also explained the cost that might be entailed. There was discussion about simply using the homepage of the government website with a link. It could be linked to the advisory board where agendas and minutes could be located. Mr. Aviles also distributed the letter received from the Sheriff's Office and the letter he wrote to the Sheriff's Office regarding HAAB liaisons to the Sheriff's Office Minority Advisory Board. Under Public Comment, Ms. McClenaghan talked about the legislative delegation on November 25, 2003. She made the point that you could talk about any issue that related to legislation at the delegation meeting. Ms. McClenaghan also passed out Division of Election materials in Spanish. In essence, this was a voter's guide. There then was discussion about how the public could communicate to HAAB. There was discussion about sending communications through the Office of the County Attorney. Mr. Correa moved the meeting be adjourned and Ms. Ramann seconded it and the motion passed 6-0. Attached to these minutes is a copy of the agenda, a copy of the website information passed out at the meetings, the October 14, 2003 and October 22, 2003 letters concerning HAAB liaisons to the Sheriff's Minority Advisory Board, a copy of the County Attorney Information Workshop Notice and the Voting Guide in Spanish. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison Approved. by the Hispanic Affairs t ~ V-f t4A [0 4' r~,2003. Advisory Board on this ~ 6) Carlos Avl-les, HAAB Chairman day of 4 NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, OCTOBER 30, 2003, 6:00 P.M. Collier County Government Center Board Chambers, 3ra Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. AGENDA II. III. IV. V. VI. VII. VIII. 6:00 P.M. Meeting Called to Order Adoption of Minutes from September 25, 2003 Meeting Determination of Excused Absences From Previous Meetings Introduction of New Board Member - Elsa Maria Hernandez New Business A. Presentation by Dr. Frederick Tuttle, Director, Lorenzo Walker Institute of Technology. B. Discussion of County Attorney Workshop for Advisory Board Members on Sunshine Law/Ethics/Public Records/Ex Parte Disclosure Issues to be held in December and January. Old Business A. Feedback on HAAB members attendance at County's Community Relations Information and Referral Service forums held in October at Immokalee and Golden Gate. B. Discussion on progress of continuing goal to honor Judge Ramiro Mafialich. C. Discussion on progress of continuing goal of HAAB website. D. Discussion of Collier County Sheriff's Office Minority Advisory Board. Public Comments Meeting Adjourns OFFIC OF Tt-I COUNT INTEROFFICE MEMORANDUM 1 TO: FROM: DATE: RE: Michael W. Pettit, Chief Assistant County Attorney Marian R. Colli, CLAS x~...~ October 30, 2003 HAAB Web Page Information In an effort to obtain specific information about the possibility of a web page for HAAB and to determine if any other advisory boards have web pages, I contacted Tammy Smith and Jason Regula in the Information Technology (IT) Department. Tammy referred me to Jason because he is in charge of the County's web page and links contained on the County's web page. There are two ways to obtain a web page within the County's website: 1. Specialized Web Page: This will contain information the advisory board wants to display, but that also remains within the parameters of other County sites. The cost for a specialized web page is approximately $100.00 per user for the software and $52.00 per hour for IT staff to set up and maintain the web page. The Natural Resources department has its own web page maintained at their cost and by their own staff. Within the Natural Resources web page are links to the EAC page and the Conservation Collier page, but the cost and maintenance is still with the Natural Resources department. See Exhibit A for an example of these links. Per its governing ordinance, HAB falls under the County Manager's organization. The County Attorney's office does not have money budgeted for this type of specialized web page for HAAB, and currently does not have its own web page. 2. Indirect Billing Web Link: This is a link from www.colliergov.net that will allow the user to view HAAB's agendas, minutes, and press releases only - no additional information will be posted. According to the Ordinance creating HAAB (Exhibit B), they fall under the County Manager's organization. If HAAB submits its agendas, minutes and press releases to IT staff, there will be no cost to link that specific information to the County site. 16t 1 The BCC has a link titled "Advisory Board" on the County's main page that leads to general information, applications, recent BCC recaps, the boardroom calendar and press releases. See Exhibit C for examples of this link. Other than the boards and commissions mentioned specifically here and in the attached exhibits, the IT department is not aware of any other advisory boards having their own web pages. Attachments /m rc cc: David C. Weigel, County Attorney h:\marian\haab\webpagein fo3-m rc · Collier County Home 161 lage 1 of 2 Search Engine Powered by Google. I-- Se ect a Department -- ~ E-Gov Services Boards, Councils & Committee Agendas Application for Advisory Board Annual Calendar Building & Permit Resources CH11 Weekly Schedule Contractor Licensing Info County Public Library Driver's License Information Find a County Job Find/Adopt a Pet Get Bus Information (CAT) Interpreter Guide impact Fee Calculator Office of Mgmt & Budget - Summary FY03 Budget Online Job Application (PDF) Poll Worker Application Public Hearings Search Property Records Unclaimed Property Vendor Subscription Service Water Quality Map Well Database Zoning Maps (Atlases) Zoning Petition Database [More...] News Golden Gate Estates FEMA Flood Maps This is important information regarding the current plan for FEMA to update the Golden Gate Estates flood maps. The maps available on this site will show FEMA's proposed changes to the flood areas. Florida Commission on Human Relations Established in 1969, the Florida Commission on Human Relations (FCHR) protects against unlawful discrimination. If you have a discrimination concern or complaint, Collier County government refers you to the FCHR Web site for information and assistance. Collier County Financial Administration & Housing will hold public hearings Collier County Financial Administration and Housing Department (FAH) officials announced today that they will hold public hearings to gather public input regarding an approximate allocation of $2.7 million in Community Development Block Grant (CDBG) funding and $800,000 in HOME Investment Partnerships Program (HOME) funding available for FY 04-05. Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements Workshops Notice is hereby given that the Collier County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Ethics Laws ~, Ex-Parte Declaration Requirements to the following Committees and Boards Collier County Labor Negotiating Committee The public and residents of Collier County are hereby notified that members of the Collier County Labor Negotiating Committee will hold collective bargaining sessions with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826 The Museum of the Everglades Exhibits Long-Forgotten Postcards The Museum of the Everglades will exhibit early to mid- twentieth century postcards, depicting Seminoles, at the Reeves Gallew every Tuesday through Saturday from 10 a.m. to 4 p.m. at 105 West Broadway, Everglades City, until Nov. 3. S.W. Florida Home and Garden Festival The Collier County University Extension would like to invite the public to the S.W. Home and Garden Festival on Saturday, November 15 and Sunday, November 16 at the Collier County University Extension Education 8~ Training Center. Government Advison/Board Airport Authority City of Marco Island County Commiss County Departments County Manager Contact Collier County Clerk of Courts Commercial Airport Collier County School Court Administration Elections Office Federal Government Mosquito Control Naples City Property Appraisers Public Meetings Sheriff's Office Social Security Admini State of FIorida Tax Collector's Office US Post Office http://colliergov.net/ 1()/27/2003 Collier County Home [More,.,] 161 1 Page 2 of 2 Home I Resident J Visitor I Business l Employee I Jobs Events I Public Meetings I Press Releases Using Our Site I Contact Us I Disclaimer I Privacy Copyright © 2003 - 2004 Collier County Board of County Commissione rs. All Rights Reserved. http:/lcolliergov.net/ 10/27/2003 Collier County Advisory Boards, Councils, and Committee Agendas Search Engine Powered by Google. 16:i Page 1 of 1 [--S~[ectaD?~rtment-: ' ~ Advisory Boards, Councils, and Committee Agendas Please contact us if an Advisory Board, Council, or Committee that you are interested in is not listed here so that we may update this information. Board of County Commissioners Collier County Planning Commission Conservation Collier Land Acquisition Advisory Committee Code Enforcement Board Environmental Advisory Committee Home I Jobs I Using Our Site I Contact Us [ Disclaimer I Privacy Copyright © 2003 - 2004 Collier County Board of County Commissioners. All Rights Reserved. http://colliergov.net/In formati on %20Techn o ! ogy/countyagen das. btm 10/27/2003 Collier County BCC Agenda Search Engine Powered by Google. ]~- Se ect a,DePartment 5: ............ ~ COMM'rsSIONERS' SERVTCES Commission - Home Board Agenda Boardroom Calendar Board Meeting Recaps Using the Boardroom Podium Computer Civic Associations Clerk of Courts Laser Fiche District Map Interpreter's Guide Meetings & Information Press Releases 16 ! 1 .,,J>agelol:' Collier County BCC Agenda List of Board of County Commission Agendas available for viewing. The agendas are current and include any additions, updates or withdrawals as they are entered. Select a date from the list below to display the agenda for the date requested. The agenda document will open in a new window as an Adobe Acrobat file. It is acknowledged that the document displayed is a working document and subject to change. I O ctober 28, 2003 October 14 2003 I September 23, 2003 I September 9, 2003 July 29 2003 In order to view the pdf files above, you must download Adobe Acrobat Reader. Commission Home I Meetings & Information I Boardroom Calendar Current Board Agenda ] Board Meeting Recaps Press Releases J District Map Home [ Jobs I Using Our Site I Contact Us I Disclaimer I Privacy Copyright © 2003 - 2004 Collier County Board of County Commissioners. All Rights Reserved. http://col liergov, n et/bcc/boardagenda, htm 10/27/2003 - Planning Commission Agenda Main Page Page 1 of 2 Planning Commission Agendas Current, FY2002-2003 [Back to Planning], or [Back to Community Development] CCPC Current Members *****There will be no CCPC meeting on 07/03/2003 or 08/07/2003***** CURRENT AGENDAS F_Y200_gr200 October 23, 20_0_5 October 16, 2003 September 18,_21)_03 September t}4, 2003 August 2_1, 2003 July 17, 2003 5Pd! !7, 2003 Ap.r.i! 03, 2tg}_3. Ma. rch ~!L 20(}~ [e~ruary~0,g00_} Jantmry.. !~. ~003 ~mua~v 02, 2003 December 19. 2002 December I)5, 20t}2 Nm:_e_m b c r October To download a free copy of MS Word Viewer Click Here. ARCHIVED AGENDAS _FY.!999:2~00 Collier County Government Web Site Disclaimer The material presented in this site is believed to be accurate at the time of its posting, but much of the information here is continually changing and the accuracy this material cannot be guaranteed. Ail official documents of the Collier County fall under the various public information laws, and are subject to Copyright laws, to the extent, if any, applicable to the specific information, and the official versions may be obtained through Collier County. Material on tlfis site may be reproduced with attribution, but we recommend you verify the accuracy with Collier County before reproduction. All communications with Collier County become a matter of public record and are subject to the various State and Federal laws concerning "public records". We do capture some user and browser information on this site and we may analyze the server logs to generate traffic reports, and these reports may list your origination address. E-Mail directed to Collier County, its officers, or employees may be retained as a part of the public record, amd these conmmnicatinns will thereby be available through public information requests~ Because of the public information nature of this web site, users should have no assumption o£ privacy of any kind, as any information you or your system may provide will thereby become public information. h ttp://c o l [iergo v. net/pi ann in g/B o ard_Mi n ute s/N/Iai n. htrn 10/27/2 003 · ,%~.. Page 2 of 2 Planning Commission Agenda Main Page 1 '~ ~ Last updated on 09/11/03 - Copyright ©1998 Board of County Commissioners of Collier County, Florida h ttp://co I liergov, neffpl anni rig/B card_Mi n ute s/Main, htm 10/27/2003 · Natural Resources Department Home Page Page 1 of 1 "Working for a Better £n vironrnent" Collier (/runty Governmen colliergov, net COMMUNITY DEVELOP~ ENVIRONMENTAL SEI~ En~ironme~to~ Visitor# 0 0 0 ( Department Programs Other Link Artificial Reefs _E~n d~n_g~ r.e_d___S_ p e__cj e~s_ Exotic Plant Control Sea Turde Protection Wat_ _e _r~.._ays~_ ~M_ an_agement Watchable Wildlife Reports and Downloads C_qo~e rv_a_tiq n CO~, Environmental Permit I Environmental Advi~ Council (EAC) Contact us by e-mail or (239) 732-2505 fax (239)213-2960. Ma/ling address 2800 North Horseshoe D~ Fl. 34104, Physical address at 3050 North Horseshoe Drive, ste 145, Naples, FL 34104 Search for:] .... i Copyright &COPY; 1998, Board of County Commissioners of Colher County, Florida Alt Rights Reserved http ://co lliergov.net/natresources/ 10/_, · ' Page I of 1 Collier County Code Enforcement Board Agendas 161 I CODE ENFORCEMENT BOARD Public Hearings are scheduled on the 4th Thursday of each month and are held in the BCC meeting room, Administration Building, 3rd Floor Use the list below to choose an Agenda date, click on the (late you would tike to view and the Agenda will open in a new browser window. October 23, 2003 August 28, 2003 July 24, 2003 April 21,2003 April 7, 2003 - Workshop PVAC March 27, 2003 February 27, 2003 December 16, 2002 November 18, 2002 September 26, 2002 August 22, 2002 July 25, 2002 Return to Updated 10/27/2003 ht~p.,, colhcr~,ov.net/codeen f/board_agendas/ 10/27/2003 EAC Collier County Environmental Services Department 16i! Environmental Advisory Committee [Environmental Review Home_] [~E_nviro_gm_eBt_a!__S_e_r._v.i_c_e_~ _D~epartm~e_n~t] [Environmental Staff'] [Environmental Permits] [Frequen~t!.y_A_s~ked Ques_tj_on~s] EAC 2003 Calendar of Events Page 1 of 3 l What is the EAC? [FAC _A~gendas] [EAC Petition Logs] [EAC Members] [EAC Minutes] [Apply for an EAC vacancy] [Annual Rep9_rt~s] The Land Development Code requires this appointed committee to act in an advisory capacity to the Board of Collier County Commissioners (BCC) on matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County. The EAC is also required to review and evaluate specific zoning and development petitions with regards to their impact on natural resources. What do they do? · Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in the County. · Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs. · Advise the BCC in developing and revising, as appropriate, local rules, ordinances, regulations, programs and other initiatives addressing the use, conservation and preservation of the County's http ://c o lliergo v. net/n atreso utc e s/En viron me n tal/EAC_h ome. htm 10/27/2003 EAC Page 2 of 3 16., 1 natural resources. Advise the BCC in the implementation and development of the growth management plan regarding environmental and natural resource issues. Advise the BCC in identifying and recommending solutions to existing and future environmental issues. Serve as technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in policy 1.1.1 of the conservation and coastal management element of the Growth Management Plan. Implement the water policy pursuant to chapter 90, article II of the Land Development Code (LDC). Provide an opportunity for public comment on environmental issues, ordinances and programs. Implement the provisions of the conservation and coastal management element of the County's comprehensive plan during the review process for development petitions and/or plans. Participate in the review and recommendation process for excavation; over 500,000 C.Y., as provided for in division 3.5 of the LDC. Assist in the implementation of any new programs, ordinances and/or policies adopted by the BCC which deal with the conservation, management and protection of air, land, water and natural resources and environmental quality in Collier County. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration. Function as an environmental impact statement (ELS) review board pursuant to division 3.8 of the LDC. The EAC meets regularly the first Wednesday of each month at 9a.m. in the Commissioners meeting room, third floor, Building 'F', Collier County Government Complex, Naples, Collier County, Florida. What requires EAC review? The EAC reviews all land development petitions that require the http://colliergov.net/natresources/Env~ronmental/EAC_home.htm 10/27/2003 EAC following: 161 1Page 3 °f3 Environmental Impact Statement (EIS) All developments of regional impact (DRI) All lands with Special Treatment (ST) or Critical State Concern/Special Treatment (ACSC/ST) zoning overlays EAC Membership ~.i__n. e_.m_e_m~b_er~ss are appointed by and serve at the pleasure of the BCC. Vacancies on the EAC are publicized in a publication of general circulation within the County and notices are posted in the County libraries and courthouse. In choosing members, the BCC uses the guideline of 6 technical members and 3 non-technical members. Technical members have an expertise in a number of areas related to environmental protection and natural resources management: air quality, biology, coastal processes, estuarine processes, hazardous waste, hydrogeology, hydrology, hydraulics, land use law, land use planning pollution control, solid waste, storm-water management, water resources, wildlife management, or other similar areas. EAC members serve a 4-year term. Any member can be removed from office by a majority vote of the BCC. The EAC chooses 2 of its members to serve as chairman and vice chairman for one year, with eligibility for reelection. Interested in applying for a vacant EAC position? Contact Sue Filson at 941-774-8097 for details and deadlines. Back to Top http://c otl iergo v. n et/n atre s ourc es/En vi ronmen ta ~/E AC_h ome. h tm 10/27/20{ )3 § 2-913 COLLIER COUNTY CODE Lug procedures and other technical assistance relating to financial audit and finance during the course of the committee's reviews. (Ord. No. 91-10, § 8; Ord. No. 01-37, § 8, 6-26-01) Sec. 2-914. Review process. This committee shall be reviewed once every four years commencing in 2003, in accordance with the procedures contained in Collier County Ordinance No. 86-41 [sections 2-826 through 2-834], as amended, or its successor ordinance. (Ord. No. 91-10, § 9; Ord. No. 01-37, § 9, 6-26-01) Sees. 2-915--2-925. Reserved. DIVISION 7. HISPANIC AFFAIRS ADVISORY BOARD* Sec. 2-926. Created. The Hispanic affairs advisory board (hereinaf- ter referred to as the "board") is hereby created. (Ord. No. 91-37, § 1) Sec. 2-927. Appointment and composition. (a) The Hispanic affairs advisory board shall be composed of nine members appointed by reso- lution of the board of county commissioners. (b) Members of the board shall be appointed by and serve at the pleasure of the board of county commissioners. Said members shall be perma- nent residents and electors of the county. (c) Appointment of members ro the board shall be by resolution of the board of county commis~ sioners, which resolution shall set forth the date of appoh~tment and the term of office. (Ord. No. 91-37, § 2; Ord. No. 91-78, § 1) Sec. 2-928. Terms of office. (a) The initial terms of office of the Hispanic affairs advisory_ board members shall'be as fol- lows: (1) Three members shall serve for two years. (2) Three members shall serve for three years. (3) Three members shall serve for four years. *Cross reference---Human r/gilts, ch. 70. (b) Thereafter, each appointment or reappoint- ment shall be for a term of four years. A member of the board may be reappointed by the board of county commissioners for one successive term. However, other qualified applicants may be con- sidered for any vacancy. Appointments to fill any vacancies on the board shall be for the remainder of the unexpired term of office. (Ord. No. 91-37, § 3; Ord. No. 91-78, § 2) Sec. 2-929. Removal from office; failure to attend meetings. (a) Any member of the Hispanic affairs advi- sory board may be removed from office, with or without cause, by a majority vote of the board of county commissioners. (b) If any member of the board fails to attend two consecutive board meetings without a satis- factory excuse or if a member is absent from more than one-half of the board's meeting in a given fiscal year, the board shall declare the member's seat to be vacant and the vacancy shall be filled by the board of county commissioners. (Ord. No. 91-37, § 4) Sec. 2-930. Officers; quorum; rules of proce- dure. (a) Annually the membership of the Hispanic affairs advisory board shall elect a chairman and vice-chairman from among the members. Officers' terms shall be tbr one year with eligibility for reelection. (b) The presence of five or more members shall constitute a quorum necessary to take action and transact business. In addition, an affirmative vote of five or more members shall be necessary in order to take official action, regardless of whether five or more members are present at the meeting. (c) The board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all board minutes, resolutions, reports, and ey~hibits shall be submit- ted to the board of county commissioners. Supp. No. 12 CD2:40 ADMINISTRATION 16;! § 2-947 (d) All board meetings shall be open to the public. (Ord. No. 91-37, § 5; Ord. No. 91-78, § 3) Sec. 2-931. Reimbursement of expenses. Members of the Hispanic affairs advisory board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board Of county commissioners. (Ord. No. 91-37, § 6) Sec. 2-932. Functions, powers and duties. The functions, powers and duties of the His- panic affairs advisory board shall be as follows: (1) The board shall identify and evaluate problems unique to the Hispanic commu- nity. (2) (3) The board shall review and recommend ways to ensure open communication be- tween minorities and the county govern- ment to help promote and foster better understanding by the county of the prob- lems facing the minority population. The board shall provide periodic reports directly to the board of county commis- sioners for review. (4) The board may and is encouraged to have joint meetings with the Black affairs ad-. visory board when deemed necessary to evaluate problems common to both the Hispanic and Black communities. (Ord. No. 91-37, § 7) Sec. 2-934. Review process. This Hispanic affairs advisory board shall be reviewed once every four years commencing in 1995, in accordance with the procedures con- rained in division 2 of this article. (Ord. No. 91-37, § 9) Secs. 2-935--2-945. Reserved. DMSION 8. BLACK AFFAIRS ADVISORY BOARD* Sec. 2-946. Created. The Black affairs advisory board (hereinafter referred to as the "board") is hereby created. (Ord. No. 91-38, § 1) Sec. 2-947. Appointment and composition. (a) The Black affairs advisory board shall be composed of nine members to be appointed by resolution of the board of county commissioners. (b) Members of the board shall be appointed by and serve at the pleasure of the board of county commissioners. Said members shall be perma- nent residents and electors of the county. See. 2-933. Duties of county administrator. The duties of the county administrator and his designees shall be to serve as staff advisers and advise the Hispanic affairs advisory board on county procedures and provide technical support. (Ord. No. 91q37, § 8) *Cross reference--Humm~ rights, ch. 70. Supp. No. 12 CD2:40.1 Collier County Home 16,'1 Page 1 of 2 Search Engine Powered by Google. -- Se ect a Department -- ~ E-Gov Services Boards, Councils & Committee Agendas Application for Advisory Board Annual Calendar Building & Permit Resoumes CH11 Weekly Schedule Contractor Licensing Info County Public Library Driver's License Information Find a County Job Find/Adopt a Pet Get Bus Information (CAT) Interpreter Guide Impact Fee Calculator Office of Mgmt & Budget - Summary FY03 Budget Online Job Application (PDF) Poll Worker Application Public Hearings Search Property Records Unclaimed Property Vendor Subscription Service Water Quality Map Well Database Zoning Maps (Atlases) Zoning Petition Database [More...] News Golden Gate Estates FEMA Flood Maps This is important information regarding the current plan for FEt4A to update the Golden Gate Estates flood maps. The maps available on this site will show FEMA's proposed changes to the flood areas. Florida Commission on Human Relations Established in 1969, the Florida Commission on Human Relations (FCHR) protects against unlawful discrimination. If you have a discrimination concern or complaint, Collier County government refers you to the FCHP, Web site for information and assistance. Collier County Financial Administration & Housing will hold public hearings Collier County Financial Administration and Housing Department (FAH) officials announced today that they will hold public hearings to gather public input regarding an approximate allocation of $2.7 million in Community Development Block Grant (CDBG) funding and $800,000 in HONE Investment Partnerships Program (HOME) funding available for FY 04-05. Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements Workshops Notice is hereby given that the Collier County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements to the following Committees and Boards Collier County Labor Negotiating Committee The public and residents of Collier County are hereby notified that members of the Collier County Labor Negotiating Committee will hold collective bargaining sessions with the Southwest Florida Professional Firefighters and Paramedics, [AFF Local :1826 The Museum of the Everglades Exhibits Long-Forgotten Postcards The Museum of the Everglades will exhibit early to mid- twentieth century postcards, depicting Seminoles, at the Reeves Gallery every Tuesday through Saturday from 10 a.m. to 4 p.m. at 105 West Broadway, Everglades City, until Nov. 3. S.W. Florida Home and Garden Festival The Collier County University Extension would like to invite the public to the S.W. Home and Garden Festival on Saturday, November 15 and Sunday, November 16 at the Collier County University Extension Education 8. Training Center. Government Advisory Board Airport Authority City of Mamo Island County Commiss County Departments County Manager Contact Collier County Clerk of Courts Commercial Airport Collier County School Court Administration Elections Office Federal Government Mosquito Control Naples City Property Appraisers Public Meetings Sheriff's Office Social Security Admini State of Florida Tax Collector's Office US Post Office h ttp://col tiergov, net/ 10/27/2003 Collier County Home [More...] 1671 Page 2 of 2 Home I Resident I Visitor I Business I Employee I Jobs Events ] Public Meetings I Press Releases Using Our Site ] Contact Us I Disclaimer I Privacy Copyright © 2003 - 2004 Collier County Board of County Commissioners. All Rights Reserved. http://cot liergo v.net/ t 0/27/2003 161 Page 1 of 1 Application Public Meetings Boardroom Calendar Press Releases Advisory committees/boards are comprised of Collier County citizens serving in a volunteer capacity to make recommendations to the Board of County Commissioners. The Commissioner's primary consideration in appointing Board members shall be to provide the Board with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the Board's purpose. All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. In addition, all Board members should have demonstrated an interest in the activity or service that is the purpose of the Board. For additional information please contact: Sue Filson, Executive Manager Office: 941-774-8097 Fax: 774-3602 suefilson @ colliergov, net. http://colliergov.neff?v/Advboard.htmi I()/27/2003 · Board of County Commissioners Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 161 Page ! of 2 Application for Advisory Committees/Boards Name: Home Address: Fax No. Business: Business Phone: Home Phone: Zip Code: e-mail address: Board or Committee Applied for: Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes ff so, what is that office? No No Do you now serve, or have you ever served, on a Collier County board or committee? Yes please list the committees/boards: No If yes, Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: http://cotliergov.net/gov/app.htm 10/27/2003 Board of County Commissioners Page 2 of 2 Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, $301 East Tamiami Trail, Naples, FL 34112. lf you wish, please fax your application to (941)774-3602 or e-mail to _su~filson@colliergo_vA~et~. Thank you for volunteering to serve the citizens of Collier County. http://colltergov.net/gov/app.htm 10/27/2003 Recap Index i6 i 1 The Collier County Board of County Commissioners Recaps Page 1 of 1 This area is intended to hold the Collier County Board of County Commissioners Recaps. Recaps should be available the morning after the Board meeting but are made available even sooner when possible. A limited number of recaps will be kept available in this area. Please let us know how we can serve you better by sending email to the webmaster. Recaps are still available here in Word format so that they can be printed in their entirety. This will be continued until WebLink allows this same functionality. They are being integrated into WebLink which can be reached by clicking here. WebLink has all 1999 recaps, as well as 1999 agendas, and minutes since 1991. You can search them all or you can browse directly to the document you are interested in. You can search all the Recaps below! 2003Recaps 20t)2 Recaps 1999 Recaps 2001 Recaps 1998 Recaps 2000 B.e~ap~ !.997 Search for: http:,/www.cterk.collier, fl.us/bccrecaps/defaul,.htm 10/27/2003 Boardroom Calendar Search Engine Powered by Google. Select a Depadmen_t' --~ ............ ~i~ COMMISSIONERS' SERVICES Commission - Home Board Agenda Boardroom Calendar Board Meeting Recaps Using the Boardroom Podium Computer Civic Associations Clerk of Courts Laser Fiche District Map Interpreter's Guide Meetings & Information Press Releases 1 Page I of 2 Collier County Board of County Commissioners Board Meeting Room Calendar of Events God Bless our Troops Week of October 27 - October 31, 2003 October Monday 27 October Tuesday 28 October Wednesday 29 October Thursday 30 October Friday 31 9:00- 12:00 (FR) noon (RR) 1:00 - 2:00 p.m. (FR) 2:00-5:00 (WR) p.m. 7:00 - 9:00 p.m. 9:00 a.m. (WR) 9:00-11:00 (WR) a.m. (WR) 2:00 - 4:00 p.m (WR) .6:00 p.m. 8:00- 1:00 (WR) p.m. (WR) 6:00 - 8:00 p.m. Tourist Development Council Tax Deed Sale Utility Authority Taxpayer Action Group Board of County Commissioners Value Adjustment Board EMS Advisory Council Naples Area Young Republican Meeting Human Resources-New Employee Orientation Hispanic Affairs Advisory Board Something to be happy about...Carving pumpkins All County Meetings in Boardroom Broadcast Live on Channels 11/16(WR) =Whole Room (F) =Front of the Room (R) =Rear of the Room God Bless our Troops Week of November 3 - November 7, 2003 November 9:00 - (FR) BCC/PUD Monitoring Report 12:00 noon Workshop #2 (RR) http://ww w.colliergov.net/bcc/boardroomhtm 10/27/2003 Boardroom Calendar 3 1:00 p.m. Monday 7:00 p.m. 9:00 - 5:00 November p.m. Tuesday 4 7:00 - 9:00 p.m 9:00 a.m. November 3:00-5:00 Wednesday 5 p.m. 7:00 p.m. 8:30 a.m. November Thursday 6 7:00 p.m. November 9:00 - Friday 7 11:00 a.m. 16!1 ~.a~ Page 2 of 2 (WR) (WR) (WR) Tax Deed Sale Republican Committee Communications and Customer RelationsToastmasters (WR) Environmental Advisory Council (WR) Citizens Advisory (WR) Collier County Young Republicans (WR) Collier County Planning Commission (WR) Democratic Executive Committee (WR) Information Technology Something to be happy about...Remembering old friends All County Meetings in Boardroom Broadcast Live on Channels t 1/16(WR) =Whole Room (F) =Front of the Room (R) =Rear of the Room Print a copy of this page. Commission Home J Meetings & Information I Boardroom Calendar Current Board Agenda ] Board Meeting Recaps Press Releases I District Map Home l Jobs I Using Our Site I Contact Us ] Disclaimer I Privacy Copyright © 2003 - 2004 Collier County Board of County Commissioners. All Rights Reserved. http://www.colliergov.net/bcc/boardroom.htm t 0/27/2003 PRESS RELEASE Browse: How to Apply. Cijtz~n_s3_d_vi.._so_~, Task Force Development Services Advisory Committee Golden Gate Cormnunitv Center Advisor',~ Committee !m_mak_a!~e_e_B~egu_t. ifiqati~)n 3'!SYl J. Ady.i.sorLC:~mmi Isle of Capri Fire Conlrol District Advisory Commitlee g~e_ Parks and Recreation Advisor,,. Board FOR IMMEDIATE RELEASE OCTOBER 17~ 2003 The Collier County Board of Commissioners is seeking applications for positions on several advisory committees. The Citizens Advisory Task Force has 3 terms expiring on December 31, 2003. This 5-member committee obtains community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. Back to tog The Development Services Advisory Committee has 6 terms expiring on December 14, 2003. This committee is composed of 15 members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Back to tot/ The Golden Gate Beautification Advisory Committee has 2 vacancies due to a resignations, Precinct #623,624, 625,626, 627 or part of 622. This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing Page 1 of 3 http://www.colliergov.net/bcc/press.htm 10/27/2003 district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. The Golden Gate Community Center Advisory Committee has 2 terms expiring on December 31, 2003. This 5-member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. Back to ~tqp_ The Immokalee Beautification MSTU Advisory Committee has 1 vacancy with the term expiring on September 23, 2006. This 5- member committee advises the Board of County Commissioners on the budget and related matters pertaining to the beautification taxing district. Members must be residents of the Immokalee Beautification Tmxing District or a member appointed by a business located within the boundaries of the MSTU. Terms are 4 years. Ba~.c_k to top The Isles of Capri Fire Control District Advisory Committee has 2 terms expiring on December 31, 2003. This 5-member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isles of Capri Municipal Fire Services Taxing District. Back The Ochopee Fire Control District Advisory Committee has 3 terms expiring on December 31, 2003. This 5-member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Terms are 2 years. ~.g_.c..k D_[op The Parks and Recreation Advisory Board has 2 terms expiring on December 31, 2003, representing the Naples and Urban Area Community Park District. Representation on this board consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7-member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. Back to tog> Page 2 of 3 http://,vww.colliergov.netlbcc/press.htm 10/27/2003 Members of advisory committees must be residents and electors of Collier County, and are subject to the Florida Government in the Sunshine Law. Residents interested in applying for the advisory committee positions can obtain an application by calling 774-8097 or can submit a letter and brief resume, including your home address, to the attention of Mrs. Sue Filson, Executive Manager to BCC, 3301 Tamiami Trail East, Naples, Florida 34112 or FAX to 774- 3602 or email to suefilson@colliergov.net. The deadline for acceptance of resumes is November 7, 2003 Page 3 of 3 http://www.colliergov.net/bcc/press.htm 10/27/2003 COLLIER COUNTY HISPANIC AFFAIRS ADVISOR Y BOARD 331)1 East Tamiami Trail County Attorney Office, 8th Floor Naples, FL 34112 Phone: (239) 774-8400 Fax: (239) 774-0225 October 14, 2003 Don Hunter, Sheriff Collier County Sheriff's Office 3301 East Tamiami Trail, Building J Naples, FL 34112 RE: Sheriff's Minority Advisory Board Dear Sheriff Hunter: At our last Hispanic Affairs Advisory Board (HAAB) meeting on September 25, 2003, HAAB discussed how our Board and your Office could improve communication and also maintain a consistent dialogue that will keep our Board and your Office informed at all times. To initiate the process of open and continuous communication, the HAAB respectfully request that a member of our Board sit on your Sheriff's Minority Advisory Board and act as a liaison between our Board and your Office. At HAAB's last meeting, the Board recommended Board members Sophia Pagan and Ernesto Labrador to serve as liaisons and to alternate attendance at all Sheriff's Minority Advisory Board meetings. · Ms. Pagan is an experienced HAAB member, a graduate of Leadership Collier, and is the owner of Nuevo Latino, a Spanish newspaper. · Mr. Labrador is HAAB's newest member and is a retired police detective. On a special note, the HAAB gives you and your administration special compliments for increasing the number of Hispanic officers representing your agency. If HAAB can be of any assistance to you or your administration, please contact me at 253-3578 or Michael Pettit, HAAB liaison and Chief Assistant County Attorney at 774-8400. Respectfully submitted, Carlos Av"ifles, Chairman Hispanic Affairs Advisory Board SHERIFF DON HUNTER. COLLIER COUNTY 16i 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 (239) 774-4434 www.colliersherifl.org 1 October 22, 2003 Carlos Aviles Hispanic Affairs Advisory Board 713 N. 9th Street Immokalee, Fl. 34142 Dear Mr. Aviles: Please accept this letter as confirmation from Sheriff Hunter reference your suggestion for Sophia Pagan and Emesto Labrador to serve as liaisons at the Sheriff's Minority Advisory Board meetings. If you would please advise Ms. Peggy Brooks at 793-9414 of contact information for these two persons, we would be more than happy to advise them of date, time and location of upcoming meetings. I am looking forward to meeting both these individuals and working with them, and thank you for your interest and support in our efforts. Sincerely, WS:pb cc: Sherift'Hunter William C. Stiess, Chief of Operations Collier County Sheriffs Office 'q-he duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." NOTICE OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COLLIER COUNTY COMMITTEES AND BOARDS RE: SUNSHINE LAW/PUBLIC RECORDS/ETHICS LAWS & EX PARTE DECLARATION REQUIREMENTS Notice is hereby given that the Collier County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements to the following Committees and Boards: Board of Building Adjustments & Appeals Code Enforcement Board Contractor's Licensing Board Public Vehicle Advisory Committee Workforce Housing Advisory Committee Bayshore Avalon Beautification MSTU Advisory Committee Black Affairs Advisory Board Citizen Corps Committee Development Services Advisory Committee Community Redevelopment Agency Advisory Board Disaster Recovery Task Force EMS Advisory Council Golden Gate Area Master Plan Advisory Committee Golden Gate Community Center Advisory Committee Health & Human Services Advisory Committee Immokalee Beautification Advisory Committee Isle of Capri Fire Control District Advisory Committee Lake Trafford Restoration Task Force Library Advisory Board MPO Subcommittee (Citizen Advisory Committee) Ochopee Fire Control Advisory Committee Pelican Bay MSTBU Advisory Committee Tourist Development Council Utility Authority Vanderbilt Beach Beautification Advisory Committee Revenue Commission Board of County Commissioners Planning Commission Environmental Advisory Council Affordable Housing Commission Airport Authority Bayshore/Gateway Local Redevelopment Advisory Board Citizens Advisory Task Force Coastal Advisory Committee Community Character/Smart Growth Committee County Government Productivity Committee 1-75/Golden Gate Parkway Interchange Ad Hoc Cmt Forest Lakes Roadway & Drainage Advisory Committee Golden Gate Beautification Advisory Committee Golden Gate Estates Land Trust Committee Hispanic Affairs Advisory Board Historical/Archaeological Preservation Board Immokalee Enterprise Zone Development Agency Lely Golf Estates Beautification Advisory Committee Land Acquisition Advisory Committee Livingston Road Phase II MSTBU MPO Subcommittee (Pathway Advisory Committee) Parks & Recreation Advisory Board Radio Road Beautification Advisory Committee Transportation Disadvantaged Local Coordinating Board Fire and EMS Advisory Committee Iimnokalee Area Master Plan Ad Hoc Cmt. Two workshops have been scheduled giving board members, staff and the public an ,option of either of two dates to attend. The first workshop will be held on FRIDAY, DECEMBER 12, 2003, .from 2:00. pm. to 3:30 p.m. The second workshop will be held on WEDNESDAY, JANUARY 14, 2004, from 9:00 a.m. to 10:30 a.m. BOTH WORKSHOPS WILL BE HELD AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER BUILDING (ADMINISTRATION BLDG. F), 3R~ FLOOR, NAPLES, FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the Collier County Government Channel. If you are a person with a disability who needs any accormnodation in order to participate m these prtxzeedhags, you are entitled, at no coal to you, to the provision of certain assistance, p~ease contact the Co[~er County Facilities Management Department located at 3301 East Tarmami Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for tim hearing impaired are available in the County Comrmssioners' Office. Guia para el votaciOn y la en Fl. orida 2,004 De~a~r'tamen~to de Estado de (:a F~o. riida Div'.,-isi:On~ de EIe.c¢iones Cada votante registrado en este estado tiene el derecho a: 1. Votary hacer que su voto sea contado con precisibn. 2. Echar un voto si bi o ella est~ en linea al momento del cierre oficial de las urnas en ese condado. 3. Pedir y recibir ayuda para votar. 4. Recibir hasta dos boletas de reemplazo si bi o ella comete un error antes de que la boleta sea echada. 5. Una explicacibn si su registro es cuestionado. 6. Si su registro es cuestionado, echar una boleta provisional. 7. Probar su identidad mediante la firma de una declaracibn jurada si los oficiales electorales dudan de la identidad del votante. 8. I nstrucciones por escrito para usar al votar, ¥, si asi Io pide, instrucciones verbales de parte de los oficiales electorales para votar. 9. Votar libre de coaccibn o intimidacibn de parte de los oficiales electorales o cualquier otra persona. 10. Votar en un sistema de votacibn que se encuentre en condiciones operantes ¥ que pueda permitir que los votos sean echados con precisibn. Responsab~]~dades del votante Cada votante registrado en este estado deber~: 1. Familiarizarse con los candidatos y los asuntos. 2. Mantener una direccibn actual con la oficina del supervisor de elecciones. 3. Conocer la Iocalidad de su lugar electoral y sus horas de operacibn. 4. Traer identificacibn adecuada a la estacibn electoral. 5. Familiarizarse con la operacibn del equipo de votacibn en su precinto. 6. Tratar a los trabajadores del precinto con cortesia. 7. Respetar la pdvacidad de otros votantes. 8. Reportar al supervisor de elecciones cualesquiera problemas o violacibn de las leyes electorales. 9. Hacer preguntas, si Io necesita. 10. Asegurarse que su boleta completada est~ correcta antes de dejar la estacibn electoral. NOTA AL VOTANTE: El fallo en desempe~ar cualesquiera de estas responsabilidades no le prohibe a un votante de votar. 16'1 Departamento de Estado de la Florida Glenda E. Hood Secretaria de Estado Estimado compafiero floridiano, E1 National Voter Registration Act (Acta Nacional de Registro de Votantes) y la correspondiente Florida Voter Registration Act (Acta de Registro de Votantes de la Florida) [efectiva el I de enero del 1995], cambiaron para siempre el mbtodo por el cual la mayoria de los floridianos se registran para votar. La meta de estos actos rue hacer el registro mils fficil y mils conveniente en m~ esfuerzo por alentar a m~ts ciudadanos a participar en elecciones. A los ciudadanos ahora se les conceden una amplia gama de oportunidades para registrarse para votar. Ademfis de las oficinas del supervisor de elecciones del condado, los floridianos pueden registrarse para votar en varias agencias estatales que proveen servicios al pflblico, incluyendo las oficinas de licencias de conducir, oficinas de asistencia pflblica, oficinas que sirven a las personas con impedimentos, bibliotecas pflblicas, centros para la vida independiente y los centros de reclutamiento para las fuerzas armadas. Igualmente importante, esta legislaci6n permite que los ciudadanos de la florida puedan registrarse para votar pot correo en cualquier lugar en cualquier dia de la semana. La Divisi6n de Elecciones ha provisto para el votante la solicimd de registro del votante pot medio de la intemet (http://election.dos.state.fl.us). Ademfis, el Higher Education Act (Acta para Educaci6n Superior) incluy6 una provisi6n requinendo la distribuci6n de los formularios de registro del votante de parte de los colegios y universidades para sus respectivos estudiantes. Finalmente, cualquier individuo o grupo, incluyendo iglesias, puede pedir, solicitudes para el registro del votante a la Divisi6n de Elecciones para ayudar en sus esfuerzos de registro de votantes. El afio 2004 es un muy importante afio electoral. Nosotros elegiremos a muchos de nuestros oficiales fedemles, estatales y locales. Yo exhorto a cada uno de ustedes a registrarse hoy, para que usted pueda set elegible para votar no solamente en las elecciones del 2004, sino en futuras elecciones. El Departamento de Estado y los supervisores de elecciones de los condados continuargn haciendo todo esfuerzo en proveerle a los ciudadanos la opommidad de registrarse y votar. La democracia se fortalece y la libertad es protegida cuando los ciudadanos se roman activos en el proceso electoral. De parte de todos los floridianos, gracias por estar envuelto. Sinceramente suya, :..:~.~,.g~.,,~::~. ..A/~,/..,... Glenda E. Hood Secretaria de Estado Calendario de las Elecciones del 2004 Calendario de Elecciones del 2004 ..................................................... 1 Oficinas a Ilenarse en el 2004 .............................................................. 2 Informacion del Dia de Elecciones ...................................................... 3 Trabajadores en las urnas ....................................................... 3 Qub esperar en las urnas ........................................................ 3 Eleccion primaria .................................................................... 4 Ayuda con la votacion ............................................................ 5 Elecciones judiciales no partidarias ........................................ 5 Veladores en las urnas ........................................................... 5 Informacibn del registro del votante ..................................................... 6 Quion puede registrarse y votar .............................................. 6 Personas que no tienen derecho a registrarse o votar .............. 6 Como registrarse .................................................................... 6 Cu~ndo puede usted registrarse ............................................. 7 Votantes que votan por primera vez y que se registran por correo .................................................................................... 8 Remocion y restablecimiento de nombres en los listados de votantes ............................................................................ 8 El Registro es un rbcord publico ............................................. 9 Ciudadanos militares yen alta mar ....................................................... 9 Registro y votacion en ausencia .............................................. 9 Boleta estatal de anotacion .................................................... 10 Registro tardio ........................................................................ 11 Votacion en ausencia ......................................................................... 11 Quien puede ejercer el voto en ausencia ............................... 11 Como votar el voto en ausencia ............................................. 11 Votacion de persona en ausencia (votaci0n temprana) ............ 12 Cambio en la direccibn, nombre o partido .......................................... 13 Cuando los votantes se mudan .............................................. 13 Cuando los votantes cambian su nombre ............................... 13 Cuando los votantes quieren cambiar su aflliacion partidaria .... 13 Violaciones ........................................................................................ 14 COmo reportade al supervisor de elecciones violaciones a la ley ..................................................................................... 14 Los Supervisores de elecciones de la Florida ................................... 15 Totales del registro de votantes (1970 -junio del 2003) ....................... 24 Total de Votantes registrados ............................................................. 24 Primarias de Preferencia Presidencial 9 de marzo del 2004 El registro cierra 9 de febrero del 2004 Elecciones primarias 31 de agosto del 2004 El registro cierra 2 de agosto del 2004 Elecciones generales 2 de noviembre del 2004 El registro cierra 4 de octubre del 2004 Las urnas estaran abiertas durante los dias de elecciones de 7:00 a.m. a 7:00 p.m., hora local. (vea la secci6n 97.055 de los Estatutos de la Florida) Off cin a s federal es Presidente y Vice Presidente Senador(a) de los Estados Unidos (1) Representante en el Congreso (todos los distdtos congresionales) Oficinas en maltiples condados y distritos Senador(a) estatal (distritos de n~meros impares) Representante estatal (todos los distritos) Procurador general del Estado (Circuitos 1-19) Fiscal Pbblico (Circuitos 1-19) Oficinas de los condados (las oficinas en los condados varian de condado a condado. Sin embargo la mayoria elegir~) Oficinista de la Corte de Circuito Alguacil Tasador(a) de Propiedades Colector(a) de Impuestos Supervisor(a) de Elecciones Superintendente de Escuelas Tres (3) miembros de la Junta de Comisionados del Condado Dos (2) miembros de la Junta de Distrito Escolar La informacion de la oficina para un condado en particular puede ser obtenida de los supervisores de elecciones locales. Retencibn judicial (no partidada) Jueces de la Corte Supmma (solo aquellos cuyos tbrminos expiren en enero del 2005) Jueces, Cortes de Apelacion del Distrito (s01o aquellas cuyos tbrminos expiren en enero del 2005) Jueces de Circuito (s01o aqubllos cuyos t~rminos expiren en enero del 2005) Jueces de la Corte del Condado (s01o aqubllos cuyos tbrminos expiren en enero del 2005) TrabaJadores en las urnas En los dias de elecciones, los supervisores de elecciones se encuentran entre los patronos mas grandes de sus condados, contratando a muchos trabajadores para Ilevar a cabo la eleccibn. Los dias de elecciones pueden a veces ser demandantes, pero es una experiencia compensadora ayudar a los ciudadanos de la Florida en el importante proceso de echar sus votos. Los supervisores de elecciones buscan personas amigabies y dedicadas para trabajar en las ureas el dia de las elecciones. Comuniquese con su supervisor de elecciones local si usted est~ interesado. (yea la secciOn 102.012, Estatutos de la Florida) ~u~ esperar en las urnas Las urnas estaran abiertas el dia de las elecciones de 7:00 a.m. hasta las 7:00 p.m. Para determinar su lugar electoral, vea su tarjeta de identificacibn del votante o comuniquese con su supervisor de elecciones. A usted se le pedira que muestre una identificacibn con retrato y flrma cuando usted vaya a las ureas a votar. Las formas de identificacibn aceptables incluyen: · Licencia de conductor de la Florida , Tarjeta de identificacibn de la Florida emitida por el Department of Highway Safety and Motor Vehicles (Departamento de Seguridad en las Carreteras y Vehiculos de Motor) · Pasaporte de los Estados Unidos de Ambrica · Identificacibn o chapa de empleado · Identificacibn de un club de compradores , Tarjeta de d6bitolcredito · Identiflcacibn militar · Identificacibn de estudiante · Identificaci0n de un centro para retirados · Identificacibn de una asociacibn de vecinos · Identificacibn de entretenimiento · Identificacibn de asistencia p~blica Si usted no tiene la identificacibn adecuada, a usted se le dark una declaracibn jurada para Ilenar antes de permitirsele votar. Si usted es un votante que vota por primera vez y que se registrb por correo y no ha provisto anteriormente la identificacibn requerida al supervisor de elecciones, usted no ser~ elegible para ejecutar la declaracibn jurada, pero a usted se le permitJr,~ votar con una boleta provisional. Una vez se haya establecido su identidad, a usted se le pedir~ firmar el registro del precinto y entonces se le permitira votar. Si usted necesita ayuda para marcar su boleta, por favor, infbrmele al trabajador de las urnas. Si usted comete un error al votar en una boleta de papel, pida un reemplazo. Usted puede recibir hasta dos reemplazos, o un total de tres boletas. Si su elegibilidad para votar no puede ser determinada, a usted se le permitir~ votar con una boleta provisional. Sblo los votantes que son miembros registrados de los dos partidos politicos ma¥ores (republicanos y dembcratas) pueden votar por los candidatos de sus respectivos partidos politicos en una eleccibn primada. Los votantes registrados de los partidos politicos menores y los votantes sin aflliacibn partidaria no son elegibles para votar por los candidatos de los partidos ma¥ores en una eleccibn primada. Sin embargo, el Articulo VI, Seccibn 5(b) de la Constitucibn de la Florida provee que si todos los candidatos tienen la misma afiliacibn partJdaria y el ganador no tuviera oposicibn en las elecciones generales, todos los votantes cualificados, sin importar la afiliacibn partidaria, pueden votar en la eleccibn primaria para esa oficina. A esto se le conoce como un Universal Pdmary Contest (Contestacibn a una primada universal). Las preguntas de las oficinas de las juntas no partidarias judiciales y escolares, los referendums de distdtos y locales especiales no partidadas est~n incluidos en una eleccibn primada. Todos los votantes registrados, incluyendo aqubllos sin afiliacibn partidaria y votantes de partidos politicos menores, tienen el derecho a recibir y votar estas boletas. En las elecciones generales, todos los votantes reciben la misma boleta y pueden votar por cualquier candidato o pregunta en la boleta. (vea las secciones 100. 051, 100. 061 y 101.02 f de los £ statutos de la Florida y elArticulo VI, Secci6n 5(b) de la Constituci6n de la Florida) Ayuda con l~ vo~moi6n Si asi se pide, se puede designar una necesidad para ayuda en las urnas en el rbcord de registro del votante. El votante puede designar a alguien de su propia seleccibn que no sea un patrono o un oficial o agente de la unibn laboral de la persona. Los oficiales electorales tambibn pueden proveer ayuda. (vea la secci~n 97.061 y 101.051 de/os £statutos de la Florida) Eleoolones Judlolales z].o pa~tlda~ias Los candidatos para la Corte Suprema y las Cortes de Apelaciones de los Distdtos de la Florida apareceran en la boleta en las elecciones generales para votar acerca de su retencibn. Los candidatos a juez de la corte de circuito y del condado aparecer~n en la boleta primada yen la boleta de las elecciones generales, si es necesario. (yea la secciOn 105. 041 de los Estatutos de la Florida) Veladores en las urnas Cada partido politico y cada candidato puede tener un velador en las urnas en cada habitacibn de votacibn en cualquier momento dado durante una eleccion. Los veladores en las urnas deberan ser votantes registrados en el condado y no podran ser candidatos u oficiales del cumplimiento de la ley. Cada partido y cada candidato que pida tener veladores en las urnas deberA designar por escrito al supervisor de elecciones, los veladores en las urnas para cada precinto antes del mediodia del segundo martes precedente a las elecciones. Eleccibn Pdmaria de Preferencia Presidencial Elecciones Primarias Elecciones Generales Velador en la urna La designacibn se vence el 24 de febrero del 2004 17 de agosto del 2004 19 de octubre del 2004 (yea la secci6n 101.131 de los Estatutos de la Florida) Qu.tgn puede reglstra~se y votar Para registrarse y votar, usted debera ser mayor de 18 a~os de edad, ciudadano de los Estados Unidos de Ambrica y un residente legal de la Florida y del condado donde tiene la intencibn de votar. Una persona que de otra manera esta cualificada puede mgistrarse con anterioridad en o antes del cumplea~os n0mero 17 de la persona y puede votar en cualquier eleccibn tenida eno antes del cumplea~os nbmero 18 de esa persona. (vea la secciOn 97.041 de los Estatutos de la Florida) Personas que no tlenen derecho a reglstrarse o votar Las personas a quibnes la code en cualquier estado haya encontrado estar mentalmente incapacitadas respecto al voto y que no han tenido su derecho a votar restablecido. Las personas que han sido convictas por cualquier felonia en cualquier code y que no han tenido su derecho al voto restablecido. Cualquier persona que no sea un ciudadano de los Estados Unidos de Ambrica. (yea la secciOn 97.041 de los Estatutos de la Florida) OOmo reglstx, arse Para registrarse para votar, usted deber~ Ilenar un formulario de solicitud de registro de votantes. Las solicitudes de registro de votantes est,~n disponibles en su oficina local del supervisor de elecciones, la Divisibn de Elecciones (tambibn yea nuestro sitio web al: http:// election.dos, state.fl.us/RegToVote/regform.shtml), las oficinas de licencia de conductor, agencias estatales que proveen asistencia p0blica, bibliotecas y muchas otras Iocalidades pbblicas. A usted se le ofrecer~ la oportunidad para solicitar para el registro para votar o cambiar su registro de votante cuando usted obtiene su licencia de conductor o cuando usted solicita ayuda pbblica en las agencias estatales. Una solicitud de registro de votante esta completa si contiene: · Su nombre. · Su lugar de residencia legal. · Su fecha de nacimiento. · Una indicacibn de que usted es un ciudadano de los Estados Unidos de Amedca. · Su nbmero de licencia valida de conductor de la Florida o un n0mero de tarjeta de identificacibn de la Florida. Si usted no tiene ninguna de bstas, usted debera proveer los Oltimos cuatro digitos de su n~mero de seguro social. · Una indicacibn de que usted no ha sido convicto de una felonia o de que si estuvo convicto, que se le han restablecido sus derechos civiles. · Una indicacibn de que a usted no se le ha adjudicado como mentalmente incapacitado con respecto al voto o que, si asi se le adjudicb, que se le ha restablecido su derecho al voto. · Usted debera firmar el juramento impreso en el formulado, jurando o afirmando bajo la penalidad de falso juramento que la informacibn contenida en la solicitud de registro es verdadera. Nota: Al solicitante que falle en designar una afiliacibn politico partidista, se le registrar,~ sin afiliacibn partidaria. (yea la secci6n 97.053 de los Estatutos de la Florida) CuAndo puede usted reglstrarse Usted puede solicitar registrarse para votar en cualquier momento, ya sea pot correo o en persona. Sin embargo, los libros de registro cerraran el 29no dia antes de cada eleccibn y permanecer,~n cerrados hasta despu~s de esa eleccibn. Usted deber~ estar registrado por al menos 29 dias antes que usted pueda votar en una eleccibn. La fecha del matasellos de su solicitud de registro de votante o la fecha en que rue entregada a la mano a su supervisor de elecciones del condado ser~ su fecha de registro. Si su solicitud est~ completa y usted cualifica como votante, se le enviar~ por correo una I-~"1 tarjeta de identiflcacibn de registro. Cuando los libros de registro est~n cerrados para una eleccibn, los cambios de registro y de partido ser,~n aceptados, pero sblo para propbsitos de elecciones subsecuentes. (vea la secciOn 97.055 de los Estatutos de la Florida) Vota~tes clue votan pot px~,~era vez y que se reglstran pot correo Si usted se registra por correo y usted es un votante que vota por pdmera vez en el condado, a usted se le requiere proveer identiflcacibn adicional. Para asegurar que usted no tendr,~ problemas cuando vaya a votar, usted deber,~ proveer una copia de la identiflcacibn requerida al momento en que usted envie por correo su formulario de registro de votante. Si usted esta votando una boleta en ausencia, usted debera proveer la identificacibn adecuada antes de las 7:00 p.m. del dia de las elecciones o su boleta de voto en ausencia no contara. Usted puede proveer una copia de una identificacibn con retrato, segOn se explica en Qub esperar en las ureas o usted puede proveer una copia de una factura de utilidades valida y actual; estado bancario, cheque de paga del gobierno u otto documento conteniendo su nombre y direccibn residencial actual. No envie documentos de identificacibn originales al supervisor de elecciones. (yea la secciOn 97.0535 de los Estatutos de la Florida) RemoclSn y restablec~r~lento de nombres en llstados de votantes Peribdicamente, los supervisores de elecciones enviar~n unos avisos finales de confirmacibn de direccibn a los votantes cuando la oficina de correos ha indicado que estos votantes se hah mudado fuera del condado del supervisor o dejado una direccibn para hacerles Ilegar la correspondencia. Todos los votantes a quienes se les ha enviado por correo un aviso final de confirmacibn y que no hayan devuelto el formulario dentro de 30 dias, ser,~n colocados en la lista de registro de votantes inactivos. Los votantes en la lista de inactivos pueden ser restablecidos mediante la actualizacibn de su registro de votantes, apareci6ndose a votar o pidiendo una boleta de voto en ausencia, provisto que su situacibn no hubiera cambiado. Sin embargo, luego de dos elecciones federales generales de la fecha en que se envi6 el aviso final, todos los votantes inactivos que no muestren actividad alguna seran borrados de los r6cords de registro y deber~n registrarse nuevamente para poder votar. (vea la secciOn 98.065 de los Estatutos de la FIo~da) E1 Reglstro es un r~cord pdbllco En la Florida, los r6cords de registro de los votantes estan abiertos al publico y pueden ser examinados, pero no duplicados o vendidos comercialmente por nadie. Cuando hay pedidos oficiales de listados de votantes registrados o informacibn relacionada con los votantes que votaron en una eleccibn en particular siguiendo esa eleccibn, los supervisores de elecciones tienen 15 dias para responder. Esos pedidos "oficiales" sblo pueden ser hechos por agencias gubernamentales, candidatos, comit6s politicos registrados, comit6s registrados de existencia continua, partidos politicos y los tenedores de oficina incumbentes. Ninguna persona que adquiera tal listado habr~ de usar cualquier informacibn contenida en ella para prop0sitos que no esten relacionados con las elecciones, actividades politicas o gubernamentales, registro de votantes o de cumplimiento de ley. (vea la secciOn 98.095 de/os Estatutos de la Florida) Reglstro y votacl6n en ausencia Los miembros de los United States Uniformed Services (Servicios Uniformados de los Estados Unidos de Ambrica) en servicio activo y la marina mercante, sus cbnyuges y dependientes y los ciudadanos de los Estados Unidos de Am6rica que residen fuera de los Estados Unidos de Ambrica, pueden solicitar el registro de votacibn o pedir una boleta de voto en ausencia mediante una Federal Post Card Application o FPCA (tarjeta postal de solicitud federal), que puede ser obtenida solicit~ndola al Oficial de Ayuda a los Votantes o por medio de la internet al www. fvap.gov. La peticiOn de la tarjeta postal de solicitud federal para una boleta de voto en ausencia ser~ efectiva para todas las elecciones durante las prbximas dos elecciones generales programadas regularmente. Si la FPCA no esta disponible, pida por tel6fono o por escrito por correo, fax o email al supervisor de elecciones y se le enviar,~ una solicitud de registro de votante o boleta en ausencia. Si usted se encuentra en alta mar, usted puede hacer que su boleta de votante en ausencia se le envie pot fax o por email, en cambio de recibirla por correo regular. Una vez usted vota su boleta en ausencia, usted puede devolveda pot fax o puede enviarla por correo al supervisor de elecciones para que sea recibida no m,~s tarde de las 7:00 p.m. el dia de las elecciones. Las boletas votadas devueltas por email no ser,~n aceptadas. Siga cuidadosamente las instrucciones que se le hacen Ilegar a usted con su boleta de voto en ausencia para asegurar que 6ste sea contado. Usted deber~ asegurarse de no solo firmar, sino ponerle la FECHA al sobre de boleta de voto en ausencia para asegurar que su boleta es contada. Si una solicitud de votante en alta mar para una boleta de votante en ausencia incluye una direccibn de email, el supervisor de elecciones le informar~ al votante de los nombres de los candidatos que estar~n en la boleta mediante transmisibn electrbnica. El supervisor de elecciones le enviar~ al votante un email con la lista de los candidatos para las elecciones pdmarias y generales no m,~s tarde de 30 dias antes de carla eleccibn. (vea la secci~n 101.6952 de los Estatutos de la Florida) Hay informacibn adicional para los militares y los votantes que se encuentran en alta mar disponible de parte del: Director Federal Voting Assistance Program Office of the Secretary of Defense Washington Headquarters Services 1155 Defense Pentagon Washington, DC 20301-1155 Fax del FVAP: (703) 588-0108 Email: vote@fvap.gov Telbfono libre de cargos: 800-438-8683 Boleta estatal de anotaclSn Un votante en alta mar puede solicitar no antes de 180 dias antes de una eleccibn general, una boleta de anotaci0n de voto en ausencia del supervisor de elecciones en el condado del registro. Para las Elecciones Generales del 2004, esa fecha es el 6 de mayo del 2004. En la solicitud, el votante debera indicar que debido a contingencias militares u otras que le obstaculizan la entrega de correo normal, el votante no puede votar una boleta en ausencia durante el periodo de votacibn normal del voto en ausencia. Al completar la boleta, el votante en alta mar puede designar su seleccibn al anotar el nombre del candidato o anotando el nombre de un partido politico, en cuyo caso, la boleta debera ser contada para el candidato de ese partido politico, si hay tal candidato de partido en la boleta. (vea la secci6n 101.6951 de los Estatutos de la Florida) P, eglstro t&rdio Un individuo o un miembro de la familia que le acompaSe, que ha sido licenciado o que se haya separado de los servicios uniformados, Marina Mercante o de un empleo fuera de los limites territoriales de los Estados Unidos de America, luego del cierre de los libros de una eleccibn de acuerdo con la seccibn 97.055 de los Estatutos de la Florida, y que de otra manera hubiese cualificado, puede registrarse para votar en tal eleccibn en la oflcina del supervisor de elecciones hasta las 5:00 p.m. el viernes antes de esa eleccibn. Tales personas deberan producir suficiente documentacibn mostrando evidencia de que cualifican para el registro tardio de acuerdo con esta seccibn. (vea la secciOn 97.0555 de los Estatutos de la Florida) Vot~O~n en ausencla Qulgn puede eJe~oe~ el voto en ausenola Todos los votantes cualificados estan permitidos para votar el voto en ausencia bajo la ley de la Florida. (yea la secciOn 101.64 de los Estatutos de la Florida) OSmo vota~ el voto en auseno~a Un votante, o alguien designado por el votante, puede pedir una boleta de votante en ausencia del supervisor de elecciones en persona, por correo o por telbfono. Una solicitud puede cubdr todas las elecciones dentro de un aSo calendario. La persona que solicita una boleta de voto en ausencia debera divulgar: · El nombre del votante para quien se pide la boleta; · La direccibn del votante; · La fecha de nacimiento del votante; · El nombre del solicitante; · La direccion del solicitante; · El nomero de la licencia de conductor del solicitante, si se encuentra disponible; · La relacion o parentesco del solicitante con el votante; ¥ · La firma del solicitante (eh solicitudes por escdto solamente). Las boletas marcadas deberAn ser enviadas por correo o entregadas en persona, IlegAndole a la oficina del supervisor de elecciones no mas tarde de las 7:00 p.m. del dia de las elecciones. No devuelva su boleta de voto en ausencia votada a un lugar de votaciones. Una persona designada puede recoger una boleta de voto en ausencia para un votante el dia de las elecciones o cuatro (4) dias antes del dia de las elecciones. El(la) designado(a) puede solo recoger dos boletas de voto en ausencia por eleccibn, aparte de su propia boleta o boletas para los miembros de su familia inmediata. Los designados deberAn tener una autodzacibn escrita del votante, presentar una identificaciOn con retrato y firmar una declaraciOn jurada. Los candidatos pueden recoger boletas de voto en ausencia para miembros de su familia inmediata. Si usted ha obtenido una boleta de votante en ausencia, pero puede votar en su precinto el alia de las elecciones, usted deberA Ilevar consigo la boleta de votante en ausencia a las urnas, haya o no sido marcada. Sin embargo, si usted no puede devolver la boleta, usted puede votar con una boleta provisional. (yea las secciones 101.048, 101.62 y 101.69 de los Estatutos de la Florida) VotaclSn de persona en ausencla (votaclSn temp~ana) Muchos supervisores de elecciones le proveen a los votantes la oportunidad de votar antes del dia de elecciones usando el equipo regular de votacion. Esta votacibn de voto ausente en persona se ofrece en la oficina del supervisor de elecciones. Llame a su supervisor de elecciones para conocer las fechas y horas en que este servicio se ofrece en su condado. (vea la secciOn 101.657 de los Estatutos de la Florida) Ou-.~do loe votantes se mudau Si usted muda su residencia fuera de su precinto asignado, usted deber~ votar en el precinto al cual se ha mudado. Si usted se muda, usted deber~ notificarle al supervisor de elecciones proveybndole un aviso escrito y firmado o proveyendo la informacibn por telbfono o vias electronicas. Sin embargo, la notificacibn de tal mudanza por otro medio que no sea un aviso escrito y firmado, deber~ incluir su fecha de nacimiento. Generalmente, usted no puede votar en ningon precinto que no sea en el que usted vive y est~ registrado. Sin embargo, si usted se encuentra viviendo temporalmente fuera de su pals hogar, usted puede solicitar ser registrado y votar en el precinto que contenga la oficina principal del supervisor de elecciones. Estos votantes no ser,~n registrados para votar en elecciones municipales. Si usted se muda a otro condado en la Florida, usted deber~ registrarse para votar en su nuevo condado para poder votar. Si usted se muda a otro condado en la Florida luego del cierre de los libros de registro para una eleccibn, a usted se le podria permitir votar para el Presidente ¥ el Vice Presidente; Senador de los Estados Unidos; oficinas estatales y asuntos estatales en su condado anterior por medio de la eleccibn general, pero no despubs. (vea las secciones 97.1031, 101.045 y 101.663 de/os Estatutos de la Florida) Ouando los votantes oambian su hombre Si usted cambia su nombre por un matrimonio u otro proceso legal, usted debera proveerle al supervisor de elecciones un documento escrito y firmado indicando el cambio. (vea la secci6n 97.1031 de los Estatutos de la Florida) Cuando los votantee quieten cambi&r su afill&ci6n partidarla Si usted quiere cambiar su afiliacibn partidaria, usted debera proveede al ~ supervisor de elecciones una notificacibn escrita y firmada. Una solicitud de cambio de partido no puede ser aceptada en el lugar de votaciones el dia de las elecciones. (vea la secciOn 97.1031 de los Estatutos de la Florida) CSmo reportarle al supervisor de elecclones vlolaclones a la ley Las violaciones relacionadas con los capitulos 104 y 106 y la seccibn 105.071 de los Estatutos de la Florida deberan ser reportadas mediante una queja jurada por escdto al Florida Elections Commission, Suite 224 Collins Building, 107 West Gaines Street, Tallahassee, FL 32399-0250, (850) 922-4539. La Florida Elections Commission es una entidad que no est,~ alineada o afiliada con el Departamento de Estado, Divisibn de Elecciones. (vea la secci~)n 106.25 de los Estatutos de la FIo#da) Las violaciones al National Voter Registration Act of 1993, o al Help Amedca Vote Act of 2002, o cualesquiera irregularidades o fraude envolviendo el registro de votantes, los procedimientos de remoci0n o votacibn bajo el Florida Election Code (Cbdigo de Elecciones de la Florida), deber,~n ser reportadas por escrito a la Division of Elections, Room 100 Collins Building, 107 West Gaines Street, Tallahassee, FL 32399-0250, (850) 245-6200. Cualesquiera otras violaciones deberan ser reportadas a la oficina local del fiscal estatal. (yea las secciones 97. 023, 97. 028 y 106. 22(11) de los Estatutos de la Rorida) ~oe ~e~eo~ee ~e eI~o'tones Alachua Bevedy Hill P O Box 1496 Gainesville, FL 32602 Telbfono: 352-374-5252 Suncom: 651-5252 Fax: 352-374-5264 E-mail: bhill@co.alachua.fl.us Ba~er Nita Crawford P O Box 505 Macclenny, FL 32063 Telbfono: 904-259-6339 Fax: 904-259-2799 E-mail: election@nefcom.net Bay Mark Andersen 205 Mosley Ddve Lynn Haven, FL 32444 Telbfono: 850-784-6100 Suncom: 777-6100 Fax: 850-784-6141 E-mail: baysuper@bayvotes.org Bradford Terry L Vaughan P O Box 58 Starke, FL 32091 Telbfono: 904-966-6266 Fax: 904-966-6165 E-mail: bradsoe@bradford-co-fla.org Brevard Fred D Galey P O Box 1119 Titusville, FL 32781 Tel~fono: 321-264-6740 Suncom: 320-6740 Fax: 321-264-6741 E-mail: fgaley@brevardelections.org Broward Miriam M Oliphant P O Box 029001 Fort Lauderdale, FL 33302 Tel~fono: 954.357-7050 Fax: 954-357-7070 E-mail: Elections@browardsoe.org Calhoun Martin D Sewell 20859 Central Avenue East Room G-10 Blountstown, FL 32424 Telbfono: 850-674-8568 Fax: 850-674-2449 E-mail: soecalco@gtcom.net Charlotte Judy Anderson P O Box 511229 Punta Gorda, FL 33951 Tel~fono: 941-637-2232 Fax: 941-637-2231 E-mail: soecc@comcast.net Susan A Gill 120 North Apopka Avenue Inverness, FL 34450 Telbfono: 352-341-6740 Suncom: 646-9911 Fax: 352-341-6749 E-mail: vote@elections.citrus.fi, us OZa, y Barbara A Kirkman P 0 Box 337 Green Cove Spdngs, FL 32043 Telbfono: 904-284-6350 Suncom: 827-1350 Fax: 904-284-3975 E-mail: bkirkman@clayelections.com Oolltez, Jennifer Edwards 3301 Tamiami Trail East Naples, FL 34112 Tel~fono: 239-774-8450 Fax: 239-774-9468 E-mail: supervisorofelections@colliergov, net Oolumbl& Carolyn D Kirby 971 W. Duval Street, Suite 102 Lake City, FL 32055 Telbfono: 386-758-1026 Suncom: 839-1029 Fax: 386-755-7233 E-mail: election@cceofl.com DeSoto Mark Negley P O Box 89 Arcadia, FL 34265 Telbfono: 863-993-4871 Suncom: 740-4871 Fax: 863-993-4875 E-mail: vote@cyberstreet.com Dixie Mae Beville P O Box 2057 Cross City, FL 32628 Tel6fono: 352-498-1216 Fax: 352-498-1218 E-mail: dixiesoe@atlantic.net Dural John Stafford 105 East Monroe Street Jacksonville, FL 32202 Telbfono: 904-630-1410 Fax: 904.630-2920 E-mail: phillips@coj.net E s c~,mbla, Bonnie M Jones P O Box 12601 Pensacola, FL 32591 Telbfono: 850-595-3900 Suncom: 695-3900 Fax: 850-595-3914 E-mail: Bonnie_Jones@co.escambia.fl.us 16.1 l~la, gler Peggy R Border P O Box 901 Bunnell, FL 32110 Tel6fono: 386-437-7447 Suncom: 370-7447 Fax: 386-437-7468 E-mail: pborder@flaglerelections.com l~ranklln Doris S Gibbs 33 Market Street Suite 100 Apalachicola, FL 32320 Tel6fono: 850-653-9520 Fax: 850-653-9092 E-mail: dorisg@votefranklin.com Gadsden Shidey G Knight P O Box 186 Quincy, FL 32353 Tel6fono: 850-627-9910 Fax: 850-627-6144 E-mail: gcse@tallynet, com Gllohrlst Susan J Bryant 112 South Main Street Room 128 Trenton, FL 32693 Tel6fono: 352-463-3194 Suncom: 640-3194 Fax: 352-463-3196 E-mail: sbryant@mail.co.gilchdst.fl, us Glades Holly G Whiddon P O Box 668 Moore Haven, FL 33471 Tel6fono: 863-946-6005 Fax: 941-946-0313 E-mail: holly@skyeone.com Gulf Linda Griffin 1000 Cecil G Costin Sr Blvd Room 122 Port St Joe, FL 32456 Telbfono: 850-229-6117 Fax: 850-229-8975 E-mail: gulfsoe@gtcom.net Hamilton Laura Dees 313 Hatley Street Northeast Suite 1 Jasper, FL 32052 Tel6fono: 386-792-1426 Fax: 386-792-3205 E-mail: elect@alltel.net Hardee Dean Cullins 315 North 6th Avenue Suite 110 Wauchula, FL 33873 Telbfono: 863-773-6061 Fax: 863-773-6813 E-mail: hardeesoe@yahoo.com Hendz'y Lucretia A Strickland P O Box 174 LaBelle, FL 33975 Telbfono: 863-675-5230 Suncom: 735-4230 Fax: 863-675-7803 E-mail: supervisor@hendryelections.org Hez'nando Annie D Williams 20 North Main Street Room 165 Brooksville, FL 34601 Telefono: 352-754-4125 Suncom: 669-4125 Fax: 352-754-4425 E-mail: awilliams@hernandocounty, us Highlands Joe A Campbell P O Drawer 3448 Sebring, FL 33871 Telbfono: 863-402-6655 Suncom: 742-6655 Fax: 863-402-6657 E-mail: soe@ bcc.co, hig hlands.fl, us Hillsborough Buddy Johnson 601 East Kennedy Blvd 16th Floor Tampa, FL 33602 Telbfono: 813-272-5850 Fax: 813-272-7043 E-mail: voter@hillsboroughcounty, org Holmes Debbie W Morris 201 North Oklahoma Street Bonifay, FL 32425 Telbfono: 850-547-1107 Fax: 850-547-4168 E-mail: dwilcoxmorris@earthlink, net InQ.tan B, lvez' Kay Clem 1750 25th Street Vero Beach, FL 32960 Telbfono: 772-567-8187 Suncom: 224-1412 Fax: 772-770-5367 E-mail: ircelections@bellsouth.net Jackson Sylvia D Stephens P O Box 6046 Madanna, FL 32447 Telbfono: 850-482-9652 Suncom: 789-9652 Fax: 850-482-9102 E-mail: jcsoefl@digitalexp.com Jefferson Marty Bishop 380 West Dogwood Street Monticello, FL 32344 Tel~fono: 850-997-3348 Fax: 850-997-6958 E-mail: soejeffersonco@aol.com 1 L&fa, yette Lana B Morgan P O Box 76 Mayo, FL 32066 Telbfono: 386-294-1261 Fax: 386-294-2164 E-mail: lafayettesoe@alltel, net Lake Emogene W Stegall P O Drawer 457 Tavares, FL 32778 Telbfono: 352-343-9734 Suncom: 659-1734 Fax: 352-343-3605 E-mail: elections@co, lake.fl, us Lee Philinda A Young P O Box 2545 Fort Myers, FL 33902 Telbfono: 239-339-6300 Suncom: 726-6300 Fax: 239-339-6310 E-mail: leevotel@gate.net Leon Ion Sancho 301 South Monroe Street Suite 301 Tallahassee, FL 32301 Telbfono: 850-488-1350 Suncom: 278-1350 Fax: 850-488-1774 E-mail: ion@mail.co.leon.fl, us Levy Connie Asbell P 0 Box 880 Bronson, FL 32621 Telefono: 352-486-5163 Fax: 352-486-5146 E-mail: levysoe@circuit8.org Liberty Mamia A Wood P O Box 597 Bristol, FL 32321 Tel6fono: 850-643-5226 Fax: 850-643-5648 E-mail: vote@libertyelections.com M&dlson Linda T Howell 112 E Pinckney Street Room 113 Madison, FL 32340 Tel6fono: 850-973-6507 Fax: 850-973-3780 E-mail: elections@shareinet, net M&na, tee Bob Sweat P 0 Box 1000 Bradenton, FL 34206 Telbfono: 941-741-3823 Suncom: 527-3276 Fax: 941-741-3820 E-mail: bob@votemanatee.com 161 1 Ma~lon Dee Brown P O Box 289 Ocala, FL 34478 Tel6fono: 352-620-3290 Suncom: 667-3290 Fax: 352-620-3286 E-mail: Elections@VoteM arion.com Martin Peggy S Robbins P O Box 1257 Stuart, FL 34995 Telbfono: 772-288-5637 Suncom: 239-5637 Fax: 772-288-5765 E-mail: elections@soe.martin.fl.us Mlaml-Dade Constance Kaplan 111 NW 1st Street Suite 1910 Miami, FL 33128 Telbfono: 305-375-3150 Suncom: 445-3150 Fax: 305-375-2525 E-mail: soeaat@miamidade.gov Harry L Sawyer 530 Whitehead Street Suite 101 Key West, FL 33040 Telbfono: 305-292-3416 Fax: 305-292-3406 E-mail: hls@keys-elections.org Nassau Vicki P Cannon 11 North 14th Street Suite 11 Fernandina Beach, FL 32034 Telbfono: 866-260-4301 Suncom: 848-5735 Fax: 904-321-5736 E-mail: vcannon@votenassau.com Okaloosa Patricia M Hollarn 1804 Lewis Turner Blvd Suite 404 Ft Walton Beach, FL 32547 Telbfono: 850-651-7272 Suncom: 699-7272 Fax: 850-651-7275 E-mail: phollarn@co.okaloosa.fl.us Okeechobee Gwen Chandler 307 Northwest 2nd Street Okeechobee, FL 34972 Tel6fono: 863-763-4014 Fax: 941-763-0152 E-mail: soe@voteokeechobee.com Orange Bill Cowles P 0 Box 562001 Odando, FL 32856 Telbfono: 407-836-2070 Fax: 407-254-6596 E-mail: voter@ocfelections.com Osoeola P 0 Box 420759 Kissimmee, FL 34742 Tel6fono: 407-343-3900 Fax: 407-343-3852 E-mail: osc_soe@osceola.org Palm Beach Theresa LePore P 0 Box 22309 West Palm Beach, FL 33416 Tel6fono: 561-656-6200 Fax: 561-656-6287 E-mail: elections@compuserve.corn Pas00 Kurt S Browning P 0 Box 300 Dade City, FL 33526 Telbfono: 352-521-4302 Suncom: 637-4302 Fax: 352-521-4319 E-mail: kbrowning@pascovotes.com Plnellas Deborah Clark 315 Court Street Room 117 Clearwater, FL 33756 Telbfono: 727-464-3551 Suncom: 570-3551 Fax: 727-464.4158 E-mail: election@votepinellas.com Polk Lori Edwards P O Box 1460 Bartow, FL 33830 Telbfono: 863-534-5888 Suncom: 569-3774 Fax: 863-534-5899 E-mail: Ioriedwards@polkelections.com Putnam Don Hersey 107 N 6th Street Building 1-F Palatka, FL 32177 Tel6fono: 386-329-0222 Suncom: 860-0222 Fax: 386-329-0455 E-mail: hersey@putnam-fl.com Doug Wilkes 6495 Caroline Street Suite F Milton, FL 32570 Tel6fono: 850-983-1900 Suncom: 696-1900 Fax: 850-626-7688 E-mail: soe-wilkes@co, san ta-rosa.fi, us Kathy Dent P O Box 4194 Sarasota, FL 34230 Tel6fono: 941-861-8600 Suncom: 592-5300 Fax: 941-861-8609 E-mail: kdent@srqelections.com Semlnole Sandra S Goard P O Box 1479 Sanford, FL 32772 Telbfono: 407-665-7707 Suncom: 355-7707 Fax: 407-665-7705 E-mail: sgoard@co.seminole.fl.us [St. Johns Penny Halyburton 4455 Avenue A Suite 101 StAugustine, FL 32095 Tel~fono: 904-823-2238 Suncom: 865-2238 Fax: 904-823-2249 E-mail: pennyh@co.st-johns.fl.us St. Lucie Gertrude Walker 2300 Virginia Avenue Fort Pierce, FL 34982 Tel~fono: 772-462-1500 Suncom: 259-1500 Fax: 772-462-1439 E-mail: StLucieElections@hotmail.com 5ureter Karen S Krauss 220 East McCollum Avenue Bushnell, FL 33513 Telbfono: 352-793-0230 Suncom: 665-0230 Fax: 352-793-0232 E-mail: Kkrauss@su mterelections.org Suw&nnee Glenda B Williams 220 Pine Ave SW Live Oak, FL 32064 Telefono: 386-362-2616 Suncom: 889-1378 Fax: 386-364-5185 E-mail: election@alltel.net Ta,,yloz' Molly H Lilliott P O Box 1060 Perry, FL 32348 Telbfono: 850-838-3515 Fax: 850-838-3516 E-mail: taylorelections@gtcom, net Union Bahs R Montpetit 55 West Main Street Room 106 Lake Butler, FL 32054 Telbfono: 386-496-2236 Fax: 386-496-1535 E-mail: unionsoe@circuitS.org Volusl& Deanie Lowe 136 North Florida Avenue OeLand, FL 32720 Telbfono: 386-736-5930 Suncom: 377-2300 Fax: 386-822-5715 E-mail: dlowe@co.volusia.fl.us 16! /1 Wa,]r,'a. lla, Sherida S Crum P O Box 305 Crawfordville, FL 32326 Tel6fono: 850-926-7575 Fax: 850-926-8104 Email: scrum@wakul laelection.com W&l~ozz Melissa Beasley 312 College Avenue UnitE DeFuniak Spdngs, FL 32435 Tel6fono: 850-892-8112 Fax: 850-892-8113 Email: mbeasley@co.walton.fl.us Carol F Griffin 1331 South Blvd Suite 900 Chipley, FL 32428 Telefono: 850-638-6230 Suncom: 769-6230 Fax: 850-638-6238 Email: washcovotes@vol.com z~aies dei ~e~ls~o ~le vo~a=%s (i970 j~o del aOoS) A_~o Republ icano Demdcrata Otro Total 1970 711,090 I~ 2i024i387 61,523 2~797,000 1971 777,261 2,162,185 76,485 3,015,931 1972 974i999 2,394,604 117,855 ! 3i487i~58 1974 1,035,510 2,438,580 147,166 3,621,256 1976 1,I38~751 2,750,723 204,83~ 4~09~;308 1978 1,178,671 2,812,217 226,299 4,217,187 1982 1,500,031 3,066,351 299,254 4,865,636 ]I984 1,895,937 3,313, 073 365;462 5;574~472 1986 2,038,831 3,214,753 377,604 5,631,188 1988 2~360,434 3~264~105 422,808 6,047~347 1990 2,448,488 3,149,747 432,926 6,031,161 1,992 2,672,968 3,3~8,565 550,292 6,5,4~ ,~8~5 1994 2,747,074 3,245,518 567,006 6,559,598 ~996 3;~09;~05 3;728;513 ~,040~259 8~07~;877 1998 3,327,207 3,731,367 1,268,133 8,326,707 2000 3,474,438 3,853;524 1;552,434 8,880;396' 2002 3,610, 992 3, 956,694 1,756,873 9,324, 559 JUnio ~ TOtal de Vote, rites regIstrados Totales de registro de votsntes (1970-jtrio 2003) , o,ooo S~ 4,000,000 ^ ^ ~ ?:i~i :~i ~i,i~:: ::::::::::::::::::::::::::::::::::::::::::::::::::::: ,~ ~ ~ : ~:~.:~rf: ::::::: :::: ::::::::: :: ::.:.:::: :: ::::::::::::::::::::::::::::::::::: [. Rspubli~. Den"scFala ::, Otto :: T(Ial Jeb Bush Gobemador de la Florida Glenda E. Hood Secretaria de Estado FLORIDA DEPARTMENT OF STATE Division of Elections 107 W. Gaines Street, The Collins Building Tallahassee, FL 32399-0250 (850) 245-6200 Email: DivElections@dos.state.fl.us Halas Henning ¥'~×' Coyle ~_ V' AGENDA Coletta ~COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: December 17, 2003 TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: Ill. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: October 15, 2003 V. DISCUSSION: VI. NEW BUSINESS: Stephen C. Reidy, Jr. - Request to qualify a second company. Rebecca J. PahI-Lopez - Request to qualify a second company Edgar Pedreros - Request approval of experience from Colombia for Master Electrical license. Michael S. Thompson - Request approval for Residential Contractor license based on past licenses. VII. OLD BUSINESS: VIII PUBLIC HEARINGS: Zdzislaw M. Kujawa - Contesting Citation #1882 issued for no roofing license. Case # 2003-03 - Collier County Contractor Licensing vs Becky Alzamora d/b/a Tropical Tree Service, Inc. IX. REPORTS: X. NEXT MEETING DATE: Wednesday, January 21, 2004 161 AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:30 AM, WEDNESDAY, DECEMBER 17, 2003 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM "E', LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 2. 3. 4. ADDENDA TO TIlE AGENDA: APPROVAL OF MINUTES: November 19, 2003 DEPARTMENT OF OLD BUSINESS: A. B. C. D. NEW BUSINESS: A. Election Of Vice-Chairman DISCUSSION OF ADDENDA ADJOURN ZONING & LAND DEVELOPMENT REVIEW REPORT: Guest Speaker - Terry Brennen (FGCU-TV) Roberts Ranch (Update) North Naples Country Club (Update) Historic Preservation Guide (Final Draft) o;~ es lo: COLLIER COUNTY December 4, 2003 Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier CounW Preservation Board Meeting Dear Ms. Harp: This letter is to inform you that the Collier Count3- Historic and Archaeological Preservation Board ~v/ll hold a public hearing at &3(J~it,.!~!.. <~', \V~ ,Iv~q:qd t,, l .~<... ,~1 ...... I?~ ?!i!~';. I have enclosed a copy of the agenda for your review and records. The meeting that will be held in Conference Room "E" at the Community Development Services Building in Naples, Florida. In addition, I have also attached the minutes from the November 19, 2003 meeting for your fries. If you have any questions concerning these meetings, please do not hesitate to call me. My phone number is (239) 403-2463 or you can e-mail me at: Raybellows(wcolliergov.net. Sincerely~ llows, Chief Planner Historic Preservation Coordinator Department of Zoning & Land Development Review CC: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Patrick White Christopher Brown Linda Bedtelyon November , HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD Conference Room "E" 2800 N. Horseshoe Drive, Naples Florida 8:30 AM November 19, 2003 LET IT BE REMEMBERED, that the Historical/Archaeological Preservation Board, in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Conference Room "E" of the Development Services Building, Naples, Florida, with the following members present: Members: Joanne Quinn, Chairperson William Dempsey John Thompson William J. Tyson Adam Brooks Collier County Staff: Ray Bellows, Chief Planner November 19, 2003 -The meeting was called to order at 8:30 AM. ADDENDA TO THE AGENDA: ~; Conservation Collier II. APPROVAL OF MINUTES: · The Board unanimously approved the minutes from October 15, 2003 with corrections as follows: Mr. Tyson was present. Marco Island does not have an Archaeological and Preservation Board. III. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: New Department Name ,, The Planning Services Department is now two separate departments, the Department of Zoning and Land Development Review, and the Comprehensive Planning Department. New Member m Adam Brooks was introduced to the committee as a new member who replaces the former Chairman whose term expires on 10/1/06. Mr. Brooks has been involved in the Florida Historical Society for three years. New Chair ,~ Election of new Vice-Chairman will be put on future agenda. IV. OLD BUSNINESS (a) Historic Preservation Guide m A quick history and map has been added. m There is no archaeological site one can visit. (b) Roberts Ranch Update Roberts Ranch has funding problems. State grants are less than in the past. 2 16:1 November 19, 2003 (c) North Naples Country Club Update Petitioner still intends to take matter before Board of County Commissioners even though the application has been denied. Matter will be on January agenda. Ve NEW BUSINESS: (a) Survey and Assessment Waiver The property is in an area of archaeological probability. There is an issue with swamp buggies. Mr. Tyson made a motion that the recommendations made by the Archaeological Historical Conservancy on Phase One of this project should be recommended for approval by the Board. The motion was seconded and approved unanimously. VI. DISCUSSION OF ADDENDA - Conservation Collier and its impact on matters of concern regarding historical and archaeological sites were discussed. i Ave Maria University will have areas of probability for archaeological and historical interest. Large projects work directly with the State. " Collier County is attracting national attention as a desirable location for enterprise. * The next meeting will be on the 3rd Wednesday of December, December 17, 2003, at 8:30 o'clock a.m. VII. Adjournment -There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:34 AM. Fiala , Halas ~/ //' Henning Coyle Coletta COLLIER COUNTY GOVERNMENT 161 Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 · Naples, Florida 34108 · (239) 597-J,7,~ · lYag (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN THAT THE BUDGET SUB-COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON WEDNESDAY, DECEMBER 10, 2003 AT 1:00 P.M. AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 AGENDA 2. 3. 4. o 6. 7. 8. Roll Call Approval of Minutes of the November 13, 2003 Meeting Public Participation Review of Capital Projects in the current ten-year plan Subdivide programs into specific elements for consideration Develop rank ordering methodology Approve plan for gathering and collating information from Board Members Review Landscaping/Water Management outsourcing analysis Review plan for office relocation Committee Requests Adjourn All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Pelican Bay Services Division Office at 597-1749. MINUTES BUDGET SUB-COMMITTEE November 13, 2003 Naples. Florida 161 LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, November 13, 2003 at 3:00.P.M. at Hammock OaK Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. David Nordhoff Mr. Edward Staros (Absent) ALSO PRESENT: Four (4) Pelican Bay Advisory Board members, Mr. Dave Trecker, Pelican Bay Foundation; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward. Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 2. 3. 4. o 6. 7. 8. Roll Call Approval of Minutes of the October 8, 2003 Meeting Public Participation Review of tactical programs: Outsourcing of Community Beautification and Water Management Services Relocation of PBSD Offices Review of 5 year Step I Strategic Plan and 10 year Capital Plan Discussion of next steps Committee Requests Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Edward Staros with an excused absence. APPROVAL OF MINUTES OF THE OCTOBER 8~ 2003 MEETINC' IIMr. Nordhoff moved, second by Mr. laizzo and approved I~ unanimously the Minutes of the October 8, 2003 Meeting. j Mr. Sutphin Stated, "Before we go on with the meeting, I would like to express my appreciation for the hard work that Mr. Ward and the Severn Trent organization did in putting together the material for today's meeting on a very short time.table". I received a twenty-six (26)- page spreadsheet yesterday with tons of information, which is far too detailed for this type of presentation. It was obvious that Mr. Ward's staff did a lot of work and I think it emphasizes the point that we don't have just Mr. Ward as the Manager for Pelican Bay Services Division, we have Budget Sub-committee November 13, 2003 161 the resources of a very professional organization with a lot of skills and it came through loud and clear to me as a result of this exercise. AUDIENCE COMMENT~ Mr. Spanier stated, "1 have become aware, as most of you have, of the experiment that the Foundation is starting with the jitney". It has occurred to me that if it is as successful as I think it will be, there will be the need for stops along the route, possibly with benches or sunshades. It would seem to me if the Sub-committee is thinking forward to 2004, it is not too early to explore with the Foundation what that actual jitney plan is and whether the Services Division will have a role in both providing and maintaining those facilities. Mr. Sutphin replied, 'q'hat is a good point". Mr. Domenie stated, 'q'he last I heard, the jitney service is expected to go into effect on or about February 15, 2004". Mr. Werner stated, "In reading the information sent out by Mr. Trecker and I don't know if you are going to get into the potential gating of the community, but I do think it is a little misleading to say that it is going to reduce the security that the different condominium associations and neighborhoods provide". I would be pretty sure that Bay Colony and Georgetown are not going to do away with their security. The reason for security is to keep people out, so I don't think it is going to reduce security very much. Mr. Sutphin stated, "1 think we will at least discuss the communication of our plans to the Pelican Bay residents at some point in this process". It may be premature to discuss it at this meeting, but I read the draft that Mr. Trecker had proposed to send to the residents and I also read a draft of what Mr. Carroll had proposed to send to the residents, which is much more the type of information we are looking for. You can run a survey any way you want, but if you ask the question in the wrong way, you are going to get an answer that does not reflect the kind of input that I hope we will get from the residents. That survey will serve to guide us in terms of how we should be headed. Before we go to a mass mailing or mass anything, I think we need to be very sure of what it is we want to ask and what kind of information we want back. I know we are all very attuned to this. Budget Sub-committee November 13, 2003 16'1 Mr. Sutphin began, "Mr. Ward, if it suits you in terms of what you prepared, I would like to deal with the outsourcing issue first". As you may recall, one of the tactical programs that we were going to look at aside from capital spending, was the economic viability of outsourcing Community Beautification and Water Management. I looked at a lot of detailed numbers as part of this twenty-six-page spreadsheet and it appears to me to be a break-even situation and did not save any significant money. REVIEW OF TACTICAL PROGRAM,C; OUTSOURClNG OF COMMUNITY BEAUTIFICATION AND WATER MANAGEMENT SERVICES Mr. Ward explained, "The first thing we had been charged with doing is evaluating whether or not we should outsource either the Water Management Program and or alternatively, our Community Beautification Program". We took the Fiscal Year 2004 Budget for Wa[er Management and Community Beautification and looked at it on a line-by-line basis and took out of that budget, those costs associated with the in--house operation and added back into the Fiscal Year 2004 budget, those costs associated with contracting those services out. I will go through that with you in some detail. As Mr. Sutphin has indicated, this analysis and all of the projections that you are seeing today are broad-brushed stroked analyses and are conservative in nature. That means the numbers are slightly higher than what they would probably be, but more importantly, they are projections based upon information that we have at this momem in time and are capable of being changed. Mr. Ward continued, '"We have taken out of the Personnel Services, only those individuals that are specifically allocated to the maintenance of the water management system, only leaving in any supervisory positions that would be required and/or any position that was related to the health, safety and welfare of the system itself". You will not that Other Contractual Services has increased. I have used an estimated cost for maintenance, reflective of what I am paying in other communities in Southwest Florida for outsourcing services. The three communities that are most applicable would be Fiddler's Creek, Mediterra and Pelican Landing, which are a few of the outsource contracts that we currently have. We have reduced a certain numt~er of vehicles that are related to the outsourcing project. We have eliminated all of the Budget Sub-committee November 13, 2003 161 1 chemicals associated with an in-house program and we have taken out some of the repairs and maintenance necessary with respect to the some of the operating costs and left only some of our Aquascaping Program. You will notice that there is a slight savings in the Water Management outsourcing, from $650,000 to approximately $500,000. The savings is primarily related to the fact that we do utilize temporary laborers in this Water Management System for periodic maintenance jobs within the system. Mr. Ward continued, "For the landscaping operation, we have done essentially the same program". We have taken out all of the personnel costs related to the in-house program. I have increased Other Contractual Services up to a number that deals with what we think it would take in order to maintain the landscaping on a per square foot basis, somewhat consistent with what I am doing in the other projects that I mentioned to you earlier, although I will tell you the number is slightly higher in those other projects, than what we are using in Pelican Bay. That is because the quality of the maintenance in those other projects is slightly higher than the level of service that we have in Pelican Bay and I have reduced the per square foot cost slightly to deal with that fact. Again, we have gone through and removed some of the fees associated with the in-house program for trash and dumpster, insurance on vehicles, licenses and permits, repairs and maintenance, etc. You will notice that the total appropriations increases from $1,500,000 to approximately $1,640,000 for an increase of approximately $129,000. It is generally a wash at this point, based upon whether or not you would do an outsourcing or in-house program. Mr. Sutphin asked, "Do you think your outsourcing costs are best case"? Mr. Ward replied, "1 think my outsourcing costs are bet case". Mr. Sutphin stated, 'q'his is the first time anyone, other than me, has seen these numbers". I looked at them last night, but the conclusion I came to is that the only motivation to pursue outsourcing would be for a significant financial benefit to the Pelican Bay Services Division. I don't think there is dissatisfaction with the quality of the service therefore; if it isn't broke, don't fix it. I don't see any financial incentive to aggressively pursue this. Mr. laizzo asked, "Mr. Ward, in your pricing did you include the Human Resource costs that we have with the County"? 86 Budget Sub-committee November 13, 2003 Mr. Ward replied, "Yes". Mr. laizzo asked, "Mr. Ward, did you include the 5% that we pay for The Proper~y Appraiser"? Mr. Ward replied, "Yes". Mr. laizzo asked, "Mr. Ward, did you include the overtime"? Mr. Ward replied, "Yes". Mr. laizzo asked, "How about the benefits"? We don't pay the contract people benefits and they are effectively the same cost as the County? Benefits make up 40% of the costs. Mr. Ward replied, "Yes, that has been included". Mr. laizzo stated, "I would have to take a real good look at this to feet comfortable that they are equal". At this time I cannot make a judgment on it. Mr. Ward replied, '1 will tell you, as I have indicated before, the numbers are slightly less than we are actually paying on an outsourcing basis in some of the other projects that we have". Those projects are at approximately $.37-$.38 a square foot and the level of service is higher than what we have in Pelican Bay. We cut, fertilize and trim materials more frequently in those projects than we do in Pelican Bay, so it has been adjusted. It doesn't surprise me that the analysis came out the way it did, irrespective of the benefit program in the private sector where employees make more money on a per hour basis than they do in the County system. Mr. Nordhoff asked, "There are benefits included in those costs aren't there"? Mr. Ward replied, "You don't say that because I am go~ng to reduce benefits by 40% by going to outsourcing that you automatically get a cost reduction". That analys~s is just not true. Mr. Sutphin stated, "Obviously, the owners of the outsourc~ng contract firms do not do this free, they do it to make money". Mr. Ward replied, "Correct". Mr. Sutphin stated, "There is a profit in there that justified them being in business". Mr. laizzo, if you want to get into the details of the costs that come up with the dollars per square foot. Mr. Ward would be happy to share that detail with you. Budget Sub-committee November 13, 2003 Mr. laizzo replied, "1 will be talking with Mr. Ward over the next couple of days and 1 would like to look at these numbers". Mr. Nordhoff asked, "Mr. Ward, why do the other developments use outsourcing if the dollars come out this way for us"? Mr. Ward replied, "You will find that in the newer communities, when you are in a significant growth mode, generally outsourcing is a little better because you have the ability to adapt and change more quickly than you do with an in-house program". Frankly, you will find that landowners prefer, when you have undeveloped land, to prefer outsource contracts versus an in- house program. Understand, I am an outsourcing firm also, so I am obviously a proponent of outsourcing, but not always. Sometimes it is just not a good idea to do it. Mr. Sutphin stated, "Along these same lines, it is my understanding that the Pelican Bay Services Division maintains all of the Foundation common properties". Mr. Ward replied, "Yes, that is true". Mr. Sutphin stated, "If we were going to outsource and not use County employees, since we are a branch of County government, it would make sense to me to have the Foundation outsource the work and not the Pelican Bay Services Division". Mr. Ward replied, 'q'hat makes sense". Mr. Sutphin stated, "The only reason that we do that work is that we use County employees". Mr. Ward replied, 'q'he primary difference between what the Foundation does and what we do, is that we do infrastructure construction, operation and maintenance". The Foundation services are geared more towards what a resident really wants and that interface with them is much more direct. You can drive down the road and see our services, but we do not interlace directly with the residents. The bifurcation of the two entities over the years has been based primarily on that one premise and that is why we maintain the facilities and operate them, plus the fact that we have the ability to levy non-ad valorem assessments and place them on your tax bills. Mr. Sutphin asked, "In Pelican Marsh, is it the Master HOA that contracts the landscaping firms"? Budget Sub-committee November 13, 2.003 Mr. Ward replied, "No, through the independent district's, which you have read about in the Naples Daily News recently, those independent districts have been the entities that are actually doing it". In Pelican Marsh the outsourcing is opposite. The Landscape Program is in- house and the Water Management Program is outsourced. At Fiddler's Creek they are both outsourced. At Mediterra and Pelican Landing, it is a combination of the two. I have found that it really depends on where the community is, what you want to accomplish and what the desire of the community is, to set goals. Mr. Sutphin stated, "Just to recap, I welcome Mr. laizzo's willingness to get into this in more detail". As it stands now, there does not seem to be anything here that would dramatically impact next year's Operating Budget from a financial standpoint. If something pops up, then by all means we should revisit it and think more seriously about it, but the outsourcing process is quite complicated, as I understand it. Mr. Ward replied, "Yes, it is rather complicated". As I said before, for many years we contracted out the landscaping operations. Some years we were very successful and some years we were very unsuccessful. The peaks and valleys were very high and very Iow and had a dramatic affect on the levels of service within this community. As you know, in government, the bad thing about bidding is just that. It is accepting the most responsive, responsible bidder and it is very hard to get past the Iow bidder. It becomes a very political issue, especially in a contract that would be as big as this project would be. Mr. Nordhoff asked, "Mr. Ward, is it safe for me to think that our services are welt accepted by the community"? I have not heard any complaints. Do we get complaints about these issues? Mr. Ward replied, "No". Generally we get less than I see in most communities. Mr. Sutphin stated, "This somewhat precedes you, but an employee inadver[ently sprayed some grass killer on the grass and that made some people unhappy, but in general I have not heard any noise. Budget Sub-committee November 13, 2003 161 Mr. laizzo stated, '~/Ve are really here to look at the best way to spend the community's money and it is not a question of throwing out one for another". It is a question of getting the best services for a reasonable amount of money. That is what it is about, not discontent. Mr. Ward replied, '1 will agree with that". Mr. Werner stated, "Mr. Ward, on the comparison for Personal Service for Water Management and Maintenance Outsourcing, you have approximately $360,000 for Administration and Management". What does that include? Mr. Ward replied, 'q'hat includes maintaining the office in its' existing condition, with two people and also three field people". Mr. Domenie stated, "Mr. Ward, you are talking about two different contracts, one for Water Management and one for Landscaping, is that right"? Mr. Ward replied, "In the contracted service option, we bifurcated the two pieces". Mr. Domenie stated, "Under the present system you can shift your own employees to water management or to landscaping as it is needed". Mr. Ward replied, "Yes". Mr. Domenie stated, 'q'hat provides us flexibility". Mr. Carroll stated, "Can you repeat the comment you made about the Foundation"? Mr. Sutphin stated, "It is my understanding that our Community Beautification and Water Management Programs, particularly Beautification, includes the maintenance of Foundation owned common areas, by agreement". Not just the County-owned street medians and anything else the County may own. The point that I made is, if the Foundation asked us to do it and we now don't want to do it with our own employees and we are going to outsource it, why should we be in the middle? I am asking the rhetorical question, why would they not outsource it? I don't know that I am right, but it would seem to me that if it is their ground and it is going to be maintained by a third party contractor, you don't need us to administer the contract. Mr. Domenie asked, "Mr. Ward, how much of your time is dedicated to mowing the lawn, Mr. Ward replied, "There is no way of determining that". 90 Budget Sub-committee November 13, 2003 1,161 Mr. Carroll, "Mr. Trecker, do you have any feel for what is being talked about in terms of the Foundation's involvement if we outsource"? Mr. Trecker replied, "1 am not sure I completely follow the discussion". The implications sound ominous to transfer funding to the Foundation. Mr. Sutphin stated, 'q'he reason we did this exercise was to see if there was an opportunity for a significant savings in spending by using third party contracted services rather than County employees for Community Beautification and Water Management". At this point in the analysis, there doesn't seem to be any advantage whatsoever in doing that. From a budget- planning standpoint, subject to Mr. laizzo validating the numbers, I am not prepared to consider it any further. It is what it is and we will attempt to manage those costs as efficiently as possible. The alternative of outsourcing does not appear to have any gold out there. Mr. Ward stated, 'q'he telling fact for Mr. laizzo's benefit, is that when I ran the numbers and I bench the entire program on this every year, that the cost of what I see to outsource this project is consistent with what I see in outsourcing projects to begin with, irrespective of what the administrative costs are. The answer is that it is pretty consistent. The number that I providecl you of $.37-$.38 excludes all of the administrative costs. We are at $.34-$.35 and we have some of the administrative costs included, because I include Mr. Lukasz in the calculation, where in other project those costs are excluded. You take the total contract price and divide it by the square footage. We are in line and probably slightly less than what I am finding the market to be across the board in the State. Mr. Sutphin stated, "1 am a great believer in risk reward relationships". There does not appear to be a lot of potential reward if any, and the risk of putting this in the hands of County procurement and getting stuck with the Iow bidder, who then does a lousy job and you are locked into a contract, does not justify the what the small reward may be. I don't see any reward and Mr. laizzo you may come up with something that may cause me to reconsider. Mr. laizzo replied, "1 would just like to look at and question the numbers". I will talk to Mr. Ward privately on some of the numbers that he came up with. At this time, that is all I want to look at. Budget Sub-committee November 13, 2003 161 Mr. Domenie asked, "As far as you know, is there any ethical problem with the Services Division mowing private property belonging to the Foundation"? I don't want to get involved with that, but I don't think we should risk it. Mr. Ward replied, "Normally, the answer is yes, but in this instance the community is the same whether we call it the Foundation or the District". Generally, there are some efficiencies and economies from allowing the District, who focuses on infrastructure construction and maintenance to do that and allow the Foundation to do what they do best, which is the provision of direct services to the residents. That could be pools, tennis courts, restaurants or beach facilities. Then we have a separate arm, which has a separate entity and is called a "District" that does the infrastructure side of the community. I think it works best to do that and I don't see any ethical conflict in doing that. Mr. Sutphin stated, "1 wanted to cover this first because I thought we could dispose of it in five minutes". Based on the numbers we have looked at, it is not a budgeting issue at this point. If something comes up as a result of Mr. laizzo's study that causes us to reconsider, then we absolutely will. I would like to move along and review the first-cut Five Year Operating Budget that Mr. Ward and his organization have come up with. REVIEW OF 5 YEAR STEP I STRATEGIC PLAN AND TEN YEAR CAPITAL PLAN Mr. Ward explained, "The first thing we did, as Mr. Sutphin indicated, is that we bifurcated the pieces also in operations and capital". However for Capital, because it consisted not only of existing capital programs and asset restoration for existing infrastructure but included, based upon what the Board directed us to look at, were enhanced programs". The first thing I did was take the Capital Program that we have and looked at it across the board for those enhanced programs and for the existing programs that we have. On page 1 of the Power Point, the far left column is the description of the program, and two columns over, the current program and is what we have "invested" in the existing programs for Funds 320 and 322. Fund 322 is our Capital Program and Fund 320 is Capital for Clam Bay. In essence, of the assets that we go through on a periodic basis and restore, we have approximately $7,600,000 in current asset restoration programs ongoing throughout time. The only caveat to that is the value of our Water o2 Budget Sub-committee November 13, 2003 16,/ Management System in the current program of $2,500,000 would be in the event of a natural disaster and you would have to rebuild your entire system. That should give you the flavor of that Water Management System. The probability of having to do something is "slim to none", so it really doesn't matter for purposes of this calculation. Mr. Ward continued, "In terms of our enhanced programs, we took the existing programs and beefed them up in the line items that they needed to be beefed up in, to deal with the specifics of what we were talking about". Entrances, hardscapes and the Oakmont Wall, include gating Pelican Bay and costs associated with that. Possibly doing a roundabout somewhere in Pelican Bay, doing brick paver crosswalks at the various entranceways and things of that nature. We put a general price tag on that program of approximately $10,000,000 in terms of capital improvements that would be required. Mr. Ward explained, "Moving on down to Landscaping, our current program is approximately $1,200,000 in value of items that we replace on a periodic basis. I bumped that up to $2,000,000 in order to get to a better Landscaping Program than we currently have in the community. Our irrigation, although it is now state-of-the-art, we know based upon experience that fifteen years is about its' useful life and to start reserving monies now for the eventual replacement would not be a bad idea. The Water Management System, I took that number way down to approximately 10% of its' asset value to deal with any restoration efforts that may be required on a periodic basis. It has a relatively insignificant affect on a year-to-year basis. The Street Lighting System, I have had many comments about possibly tearing out the electrical and the entire system and do a completely new system at the new standard for lighting and increase the level of lighting in the community. The number I have included is to do that level of work associated with the Street Lighting Program. Ballard lighting is the very small lighting that we have along the Oakmont Lake Bank and Pelican Bay Boulevard. It is a relatively inexpensive job that we did a couple of years ago to enhance those areas and make them appear look better throughout the entire community. With the sidewalk and tram paving, the premise is that we are gating Pelican Bay, so the asphalt sidewalks we have throughout the community have been re- priced to deal with better materials, possibly concrete or a combination of concrete and brick pavers. We have beefed up our equipment program on a five-year basis to deal with some of the Budget Sub-committee November 13, 2003 161 1 new assets that we would have available. The U.S. 41 wall is the number that is the weakest in the link so far. That number deals with putting an FDOT barrier up against the backside of the berm to deal with the issues that we have had in the past. Traffic signage is pretty much at the tip of the game right now. For Fund 320, Clam Bay Improvement Funding, we estimate approximately $2,000,000 over a ten-year period, at approximately $300,000 a year. If I had to guess, over time that is probably where we are going to be. A number that nobody has seen yet and the Clam Bay Sub-committee will see shortly is the berm and adjacent wetland restoration and is the area just west of the berm that we now call the cattail area. We have put a number to really fixing the problem that has been identified and the number is approximately $3,500,000. Beach restoration is approximately $1,700,000 on a ten-year basis. Your assets would increase to approximately $7,600,000 an increase of approximately $26,900,000 in total value. The annual allocation would be approximately $2,000,000 with a discount factor of 5% to deal with that the increases in cost of living, cost of construction and any other associated costs in order to make sure you have the right amount of money at the right time. Mr. Ward continued, "You can look at the bottom of the columns, which are the different discount factors, anywhere from 1%-3%". The intent of this was to take a look at it to see what you would need to allocate on a yearly basis, based upon different discount factors, if you decided you wanted to start accruing money and fund it over time or alternatively if you funded it up front, a discount factor of approximately 5% would take into consideration the interest expense. Mr. Sutphin stated, "Again, that is a conservative approach as opposed to taking a lower discount". Mr. Ward replied, "Yes and it is an interesting analysis when you look at the numbers per unit and what their affect really has". Mr. Carroll stated, "Mr. Ward, I did not understand your comments about water management". Mr. Ward replied, "This system happens to be nothing more than a series of lakes and interconnecting swales and very little hard materials such as pumping equipment". There are Budget Sub-committee November 13, 2003 161 some control structures that are through the berm, which I will call hardscapes or hard assets. In the twenty years that I have been in this business, I have never had to rebuild a lake. You may have to clean out some of the sludge at the bottom of the lake in thirty or forty years because of the fact that it has build up, but you don't just rebuild them. For purposes of this capital analysis, I estimated that we would spend $250,000 over a fifteen-year period to deal with anything that needed to be reconstructed in this system. The benchmark was what have we done in the last twenty-three years and in the last twenty-three years we have not spent $50,000. Mr. Sutphin stated, "It might have been a little clearer if you had done pure replacement of the existing asset base separate from incremental capital". This is an asset on the balance sheet that doesn't have a depreciation schedule, that's why you don't have to replace it. Mr. Ward replied, "Right, it is a paper asset". Mr. Spanier asked, "Do I understand that the in-place storm water collectors are complete from your point of view"? Can we deal with the collection of additional storm water runoff from developments such as Cap d'Antibes and others, as well as what appears to be an increasing incidence of rain? I am impressed by how well your storm water system is working at the present time and personally saw no flooding of any magnitude during the deluge season. Is that system complete in your judgment, giving the build out of Pelican Bay? Mr. Ward replied, "Yes". The system was constructed to handle the ultimate development of Pelican Bay based on 9,600 residential units, plus so many thousands of square feet of commercial area. The system that the Pelican Bay Improvement District built was designed to handle that level of development in the community. Obviously we are well below those thresholds and as a result the existing system will handle it. It is important to point out that this system happened to be permitted and constructed in the late 1970's and standards for water management systems have changed since that time period.. If this system had to be re-permitted today you would have more retention and water management than was required in the late 1970's. However, we don't operate under those guidelines and as a result of that the system is sufficient for the balance of the development required in this community. O5 Budget Sub-committee November 13, 2003 161 1 Mr. Werner asked, "Does that $10,000,000 include the replacement of streets or is it in there somewhere else"? Mr. Ward replied, "No, we assumed for purposes of this program that we would upgrade the streets with crosswalks and a round-a-bout, but the actual street replacement was not included". My thought process was that even if you gated Pelican Bay, I suspect that there will still be some way to capture some of the gas tax revenues. I did include the replacement of sidewalks in this program. Mr. laizzo asked, "When you say current program value, I assume this is the value of the current programs and when you talk about the years of service, when does that clock start"? Is it when we do the enhancement or has it already started? Mr. Ward replied, 'q'his is a balance sheet and is like a moment in time". The assumption is that this is day one and you move forward from there. In real life it would be somewhat different in that most of this work has just been finished. Mr. laizzo asked, 'q'he years of service start when we do the enhancement"? Mr. Ward replied, "Correct". Mr. Sutphin stated, "On the existing assets you might be seven years through a fifteen year cycle". Mr. Ward replied, "Yes, except that it is important to understand that we don't amortize assets in our current Operating or Capital Budgets, based upon this type of amortization schedule". For example, the entrance walls, which we constructed three or four years ago, we don't carry a reserve every year for replacement. At some point in the future we would begin to fund that renewal and replacement and when we had enough money we would do it. This takes a holistically different approach to asset restoration and management. Mr. laizzo stated, "This funding should start as soon as a project is done, to start allocating funds for the replacement, whether it is five, ten or fifteen years". Mr. Ward replied, "We don't need to get into that one because there is really not a whole lot of need to do it when you talk about a governmental system because of the ability to assess future residents for when the assets are reconstructed. There is nothing wrong with what we are Budget Sub-committee November 13, 2003 ,! doing right now, it is fine, but I just took a little different approach to the levels that we are looking at. Mr. Sutphin stated, "At this stage, this Report also assumes that spending is uniform over a ten year period". Mr. Ward replied, "Yes, it assumes uniformity and it does not necessarily have to be". Mr. Trecker asked, "In the first line it says Oakmont wall, does that refer to the railroad t~es . Mr. Ward replied, "Yes". Mr. Ward continued, 'The next thing we did in terms of these projections is to look at the additional operating and maintenance expenditures that would result from an increase or an additional amount of capital as it relates to this enhanced program". The biggest issue you have to deal with is the operation of a gate system in the event that you gate Pelican Bay. The assumption is two fully manned gates and five unmanned gates. The way we counted, it would take approximately seven (7) guard structures in order to gate this community. The manned gates cost approximately $150,000-$175,000 a year for personnel costs and operating expenses. The unmanned gates can run anywhere from $10,000-$25,000 depending upon the sophistication of the capital within the unmanned gate system itself. For these purposes we came up with a round number of approximately $445,000 and then because of the increased landscaping, we believe another $150,000 in operating costs per year would be sufficient in order to deal with the high levels of maintenance required. That is the basis for operations. Mr. Spanier asked, "Mr. Trecker mentioned the condition of the Oakmont wall, have you factored in the need to have a rolling replacement program on that type of perishable structure"? Is that part of the $150,000 a year that you are talking about? Mr. Ward replied, "Not per se, except the annual cost that would be required to deal with that issue is in these numbers". Mr. Ward continued, 'The next thing that we did is that in Fund 322, is take the specifics of the Fund itself and for this purpose we used the 5% discount factor, and Fiscal Year 2004 is the bench". Fiscal Year 2005 takes the new numbers that are based upon the first sheet that you 97 Budget Sub-committee November 13, 2003 161 looked at and dealt with them over time, aclcling in the appropriate costs, etc. You will note for Fiscal Year's 2005-2009, for an approximate $27,000,000 program, you are running at approximately $250.00 per unit per year for purposes of this analysis. Mr. Sutphin stated, "To me that is the key number". It says that we took a wish list and cut nothing out. If we did everything, it raises the cost of living in Pelican Bay by $250.00 a year for residents. Is that something that this community would be willing to spend? We would then get into smaller pieces of that, which would have major impacts. If you took gating out and did everything else, it might be $190.00, rather than $250.00. Mr. Ward replied, '~A/e did some sensitivity analysis on it and there is not a great deal of change in the number". It is not going to go from $250,000 to $50.00 or $20.00, unless you just get it back down to what it is currently. Mr. Ward stated, "This was done for a long period of time, but this particular chart goes out to Fiscal Year 2009". Interestingly enough, what we did on this analysis is to do the same thing at the different discount factors and if you look at the bottom numbers for Fiscal Year 2005 you see $247.99 and you go down to a 1% discount factor and it changes to $186.00. That is the range that you look at from $186.00 to $250.00, with different discount rates on a $27,000,000 program. It is not significant dollars. Mr. Sutphin stated, "It is some combination of the inflation rate and the cost of money". Your guess is as good as mine as to which is the best one to use. Mr. Ward replied, "You are right, I did this because I wanted to see what the effect would be on a per unit basis for each resident and there is not a significant effect". Mr. Carroll stated, "1 can't quite believe that we can do all of this for $250.00 a year". It does not seem feasible and I thought it would be five times as much. Mr. Ward replied, "The primary reason is good, bad or indifferent, the densities in Pelican Bay are very high". You have 7,700 units in Pelican Bay that you assess for in a 1,500-acre development. There are not a lot of infrastructure assets. The cost of restoration or operation is insignificant. Even though the $26,000,000 is a big number, it is not a big number if you look at it in the context of Fiddler's Creek or Pelican Marsh where instead of being eight (8) units to the Budget Sub-committee November 13, 2003 '161 1 acre, they are at 1.5 or 1.75 units to the acre. If they did a $30,000,000 restoration program at their densities, they would be at the number you are talking about. Because your asset base is so high in terms of unit count, that's what causes these numbers to be as Iow as they are. Mr. Carroll stated, "1 just can't believe the numbers". Mr. Trecker, does that strike you as a good solid number? Mr. Trecker replied, "Yes, but this is over quite a period of time and obviously softens the blow". Mr. Ward replied, "It is over a period of time". It is contemplated so that you could actually finance it up front and these numbers reflect doing it over a short period of time, but amortizing the costs over a longer period of time". Mr. Sutphin stated, "It includes replacements". This is a step function increase in spending to get to that level and the steady cost of maintaining that higher level of infrastructure. Mr. Spanier stated, "You referred several times at the remarkable ability of fulfilling the wish list completely". Have you actually formulated the wish list? We talked about a lot of things and the big ones are very easy to get a handle on, such as the wall and the gating. I assume you have also factored in some changes in levels of service such as frequency of street sweeping, etc. I think it would be vital, very soon, to have your assumption list and possibly by the time of the next Board Meeting. It should be easy because you have already made the assumption and they are just not a part of this presentation. Mr. Ward replied, "Actually, the assumptions that you adopted at your last Board Meeting as to what the specific programs were that you wanted to look at is the assumption list that I used to drive this set of numbers". I don't disagree with you they are going to need some refinement as you move through the process. The basic assumptions were in the Power Point presentation that Mr. Sutphin provided to you at the last meeting. Mr. Spanier replied, "I don't recall, but I don't think we went over such things as actual levels of service changes". Mr. Ward replied, "Do you mean for operations"? 9O Budget Sub-committee November 13, 2003 161 Mr. Spanier replied, "Yes". The bulk of what you do as opposed to these major easy to visualize capital improvements. Mr. Sutphin stated, "The premise of this cut was no fundamental change in levels of service, just whatever is required to support these programs". Mr. Spanier stated, "1 misunderstood something then, that clarifies it". This assumes that for those things that we can see around us, the levels of services will neither diminish nor increase. Mr. Sutphin stated, "They are increased only as required to support increasect infrastructure, ala gating". In my mind, the purpose of this portion of the planning process is a dimension in level of spending without cutting anything that encompasses the collective thinking of what various people feel would make Pelican Bay a better place. Not all of them are desirable, not all of them are doable. This is going to come up in the financial model and I believe, as Mr. Carroll is already pleasantly surprised, it doesn't break the bank. Do we want to do them all? I don't know at this point. It is this kind of an exercise that provides the foundation of the information that needs to be sent to the residents for them to make an intelligent decision. If you go out and say do you think we should gate Pelican Bay, I know the answer you are going to get back. The answer is going to come back no. I don't think we want to do that. Mr. Trecker stated, "My comments are going to reflect some that were already made". From the standpoint of understanding, I think you might want to consider breaking this analysis out rather sharply into new capital expenditures, based on new items or substantial upgrades. Then build in, as a separate part of this, a reserve for replacing these items. To mix these, I find rather hard to follow. I think it might help everybody's understanding if this were broken out into new capital, which would either have to be spent up front or financed up front and a reserve system, financed any number of ways, for building funds for systematic replacement. Mr. Sutphin replied, "1 agree completely". Giving the database that Mr. Ward has established, I think that is a very simple thing to do. Mr. Ward stated, "It is". Mr. Sutphin state(I, "It is just another line on the sheet". I00 Budget Sub-committee November 13, 2003 Mr. laizzo stated, "1 think what Mr. Trecker is looking for is to identify new items that are going to add to the budget and repair or maintain what already exists in the community". Mr. Trecker replied, "Yes and of course both of these could and probably will attribute to tax increases". To have these things broken out will provide a little clearer understanding of what you are spending. Mr. laizzo stated, "It also helps to separate whenever you feel uncomfortable about a new item or something that doesn't look right in the budget". It shows up easier so that you can attack it or add to it. Mr. Domenie asked, "Mr. Ward, have you included expenses dealing with financing if we decide to use financing"/ Mr. Ward replied, "Yes". Mr. Sutphin stated, "1 think the 5% that has been used, you would pay for as interest if you did it now and deficit financed it. Conversely if you accrued reserves and anticipate some level of inflation, it is going to cost you more to do it ten years from now than if you did it today". Mr. laizzo stated, "You are also projecting to that new cost, ten years down the line". Mr. Sutphin replied, "That is what the 5% discount factor is for". Mr. Ward stated, ''That is exactly what it is for". Mr. Sutphin stated, "This is the net present value of the improvements". Mr. Werner stated, "Included in the $250.00, where is the repayment of the bonds and principle"? Mr. Ward replied, "It is in the yearly amortization amounts". The Capital Outlay for example, in 2010 includes $1,837,000.00, which would amortize both principle and interest on the note. Mr. Werner stated, "What term note did you choose here"? Are we talking about bonding $27,000,000? Mr. Ward replied, "In that range and roughly for a fifteen year period". Mr. Werner stated, ''We are getting the number now just because we can afford to do it or people say we can afford to do it and that doesn't mean we are going to do it, right"? 101 Budget Sub-committee November 13, 2003 Mr. Sutphin replied, "Absolutely". We are couple of steps away from getting a machete out and removing programs. Mr. laizzo stated, '`This is not the budget, but is an add on to the existing budget". Mr. Ward stated, "It is the first-cut at a Ten-year Capital and Operating Program, based upon a set of criteria that you have reviewed over the last months". It is the first-cut of that analysis. Look at it broad-brush, conceptually for what it is trying to show you in terms of total dollars and how you amortize. All of these things can be easily changed. Mr. Sutphin stated, "Top tier community". It is broad-brush, but it dimensions the magnitude of spending and the resulting assessments and levels of taxation that are required to get there, going back to the approved desire of the Board to be a top tier community. If that level of taxation is unacceptable, then we have to go back to square one. There is no point in getting into the detailed budget preparation if the macro look at it is not acceptable. I would like to reserve discussion of individual programs until we have agreed as a Board that this is something, if properly presented to the community, we feel will be accepted by the community as something they want to do. Mr. laizzo stated, '1 hope the questions are "Yes/No" because questions could be misleading if they are wordy and don't get to the point". I am talking about the questionnaires that go to the residents. Mr. Ward stated, "I need to walk you through Fund 320, which is our Clam Bay fund". Based upon the capital program of approximately $4,700,000 and that deals with the bigger issues we have talked about, you are looking at approximately $136.00 per unit, per year, over the ten-year period. It is the same analysis. The $136.00 is at a 5% discount factor and runs down to approximately $111.00 a unit, with 1% discount factor. Mr. Carroll asked, "Does this add to the $247.00 number"? Mr. Sutphin replied, "Yes, now we are getting up there Mr. Carroll". Mr. Ward stated, "That was extended out until Fiscal Year 2014". Mr. Ward stated, "What we have done for the Water Management Fund is take the existing program, which is approximately $8.00 per year and $718,000 in expenditures and 102 Budget Sub-committee November 13, 2003 161 1 forward fund that existing program for five years to Fiscal Year 2009". We looked at the historic average for the various services of Fixed Overhead, Personal Services and Operating Expenses and used the cost escalation factor of 3%. That has been consistent with what we have seen. Our average over the past five years has been approximately 9.32% on the Fixed Overhead and approximately 6.5% on Personnel Services. Those are the three primary cost escalation factors that were used in the three largest categories that we have in this analysis. For Capital Outlay, the assumption from Fiscal Year 2005 through 2009 is that we would not carry forward any monies that we had from prior years into the Capital Program. That is why you see a carry forward of "0" and you see your Capital Outlay amortizing out at $35,000 per year, which is approximately what we have been doing over the last few years for the existing asset program. All things being equal, without the anomalies of having some cash to carry forward, your water management system runs you approximately $100.00-$126.00 per unit from 2005 through 2009. That is a good historical five-year operating average that we can expect to occur over that period. Mr. Domenie stated, q'he water management on Page 1 is only estimated to be $250,000 over a fifty years period". Mr. Ward replied, "Page 1 is capital and this is operations". Mr. Domenie asked, "Assessment versus ad valorem is there a reason for assessment or a reason for ad valorem in these funds"? Mr. Ward replied, 'q'he primary reason that we utilize a non-ad valorem assessment is to try to equalize assessment across the community". Mr. Sutphin stated, 'q'his reflects how we do it today". Certain things are assessments and certain things are ad valorem and there was no intent to change any operating mentality". Mr. Ward continued, 'q'hen what we did here was to provide you the flavor of the differences based upon a cost escalation factor between 1% and 5%, primarily for the operating supplies that are associated with the system". As you can see, there is not a huge difference. Mr. Ward stated, 'q'he next item is looking at the operating projections for community beautification over the five-year period, again looking at Fixed Overhead, Personal Services with a historical average of 9.32% and 6.5% for those costs, using a 3% escalation factor for operating 103 Budget Sub-committee November 13, 2003 161 I costs, which is consistent for the past five years and again funding your capital on an as-needed basis each year on an average. It doesn't matter what the asset is, but we fund approximately $90,000 a year and that money would be a rolling fund to renew and replace those assets that we have and not carry forward funds from cash in order to deal with that issue. Your assessments range from approximately $316.00 per unit, per year up to $359.00 per unit, per year over that period of time. Mr. Spanier stated, "If I look at Page 13 and focus only in the expenditure section and the relationship between what you called Fixed Overhead and Personal Services, you have a loading of 100% on Personal Services". If I then go to Page 16 and I look at Community Beautification, and I make the same comparison, I have a totally incommensurate order of magnitude difference. The fixed overhead loading on Personal Services is less than 10%, rather than 100%. I am still baffled by that question that you started with of whether this fixed overhead loading reflects to totality of County charges for general services or whether it is a blend of that. Why does it vary? Mr. Ward replied, "Because it is an arbitrary allocation into the fund". Mr. Spanier replied, "1 hear you talking, but I still don't understand it". It goes to the basic question of what is the indirect cost of labor if we outsource versus the indirect cost of labor as we are operating? I still have not digested the answer to that. It is a counterintuitive debate and is a variance to my experience elsewhere that there should be such an insignificant difference between total costs of buying contract service and producing them within a County government. You are saying that the relationship between the Fixed Overhead and Personal Services is an arbitrary relationship. Mr. Ward replied, "Yes, there really isn't a strong relationship, even at the County level". There is some relationship, but not strong. Mr. Spanier replied, "1 don't understand this, but I will learn from Mr. laizzo that analysis". I need to learn what an hour of Mr. Lukasz' labor into the field versus a fully loaded hour of purchased labor is. Mr. Ward stated, "1 don't think you are going to see a significant change in Fixed Overhead as a result of doing it that way from the County's charge backs to us". We still deal LO4 Budget Sub-committee November 13, 2003 161 1 with Purchasing Human Resources, etc. Yes, to a lesser extent, but we still pay the bills, we still have an office, we still have two people and all of the costs associated with that. You will see a reduction, but there is not such a significant change in the level service that we are providing that you get a significant savings by changing it from in-house to contractor. Not at this level, you might if it were a really big organization, but not at this level because we are pretty lean as it is. The one thing that is important to look at in these numbers is the fact that it does include the additional operating costs associated with the increased levels of service associated with the enhanced program. Mr. Sutphin stated, "That is understood". Mr. Domenie asked, "Have you included gate personnel"? Mr. Ward replied, "Yes". Mr. Ward continued, "The next page is what happens to the rate per unit at different escalation factors, with a high of $377.00 and Iow of $315.00". Mr. Ward stated, ''The Street Lighting Fund is an ad valorem tax and the assumptions in the terms of revenues and expenditures are exactly the same as what I indicated before". We have provided in Fiscal Year 2005, a 10% increase in the ad valorem taxable value and a subsequent 5% increase in the taxable value as a result of Fiscal Year 2006 through 2008. As you can see, the ad valorem tax rates go from .02 to .04 and stay relatively consistent over the five- year period, based upon those assumptions. The next chart is the same analysis that you have seen before with different discount factors associated with it. Your highest ad valorem rate goes to .0501 in Fiscal Year 2009 with a 5% discount rate. Mr. Ward continued, ''The Security Fund was done exactly the same way". Again, this is based on an ad valorem tax and the assumption is that those costs if they increase would increase at those rates consistent with what we did on the. Street Lighting Fund. Your tax rate runs from .10 down to .0908 over the period of time, based upon the changes in taxable value and the increases in operating expenditures associated with the Sheriff's Office operation. At various discount factors, obviously .0979 is the lowest and .1 would be the highest taxable value that you would get to. 105 Budget Sub-committee November 13, 2003 Mr. Ward stated, "What the next chart is intended to do is to show you, based upon changes in taxable value of the community associated with the $27,000,000 program, what would happen to Pelican Bay home values as a result of the perceived increase and what would turn out to be the real increase in property values". Your current taxable value is approximately $4,272,000,000, a 1% increase with this kind of improvement program would equate to an approximate $42,000,000 in additional taxable value in property in Pelican Bay. It would be $427,000,000 at a 10% increase in property value. Mr. Sutphin stated, "To me in a nutshell, the task is to collectively try and evaluate what that number would be based on whatever available external data we can come up with". If you were to tell me that to spend $26,000,000 over a ten-year period you are going to generate a $1,000,000,000 increase in property values, I would say how soon could we start? We don't know that is true. Mr. Ward stated, '`The alternative on the flip side of that is that on a $26,000,000 program, it only takes a Y2 of 1% increase in property values to pay for the cost of that program". That is break even. What you really see is that property values only have to go up 1/2 of 1% in order to pay for or receive the affect of a $26,000,000 program. Mr. Sutphin stated, "There is a high degree of sensitivity to cause and affect". That is the part that needs to be conveyed when we go to the community and ask for feedback. The first thing they are going to look at is that my tax bill is going to go up. Mr. laizzo stated, '`The bottom line is what they are going to look at". Mr. Trecker stated, "1 believe it is going to be very difficult to establish a cause and affect relationship here". If you move ahead with all of these changes and you get the sort of increase in property value that you are projecting, you will not have run a controlled experiment, namely how those values would have increased had you done nothing~ Mr. Ward replied, '`That is correct". It is very difficult, but what is easy to tell is how much you need to affect in order to get the value of improvements back out of the program and Y2 of 1% is a very Iow threshold in this business. It is easy to say you are going to see at least a 7% change in your property values as a result of this program. That is an easy statement for any of 106 Budget Sub-committee November 13, 2003 161 1 us to say. The question becomes, is that change significant in a $26,000,000 program and the answer is obviously yes. Mr. Trecker stated, "To support that supposition, you would need to produce a good deal of rather compelling historical data related to other communities". Mr. Ward replied, "If it existed, but it doesn't". Mr. Trecker replied, "If it doesn't exist I come back to my original assertion, you will not have run a controlled experiment and increases in property values may or may not have been related to the changes that you made". Mr. Sutphin stated, "It may not be accepted here and I have heard it said in this room, we don't need to do anything, the beach is our asset". If you want negative examples of what happens when you neglect a beachfront community, look at Long Beach, New York or Asbury Park, New Jersey and I can name several others. At one time they were top tier communities in their demographics and they turned into slums. The beach alone will not protect you. Mr. Trecker stated, "I would submit that you have to do basic maintenance to maintain the property values". Mr. laizzo stated, ''That is what we have been doing all along". Mr. Ward stated, "1 would suggest that you will find in Florida that basic maintenance does not maintain property value and never did in this State". Property values are maintained by keeping the community to the standard that it was constructed, the day it was constructed. This community is twenty years old now and you can go back to the 1980 timeframe when the design was put into place and figure out that you had property values and lot sales that exceeded anything else in Collier County, not solely because it was located on the beach. Today the property values are not exceeding what other communities are that have been constructed in the years from 1998 through today. Your property values are less than what you see in some of the other communities because the value of the infrastructure in Pelican Bay has changed over that period of time. 107 Budget Sub-committee November 13, 2003 Mr. Trecker stated, "In order to sell this in a compelling sort of way, you have to have some good cause and effect relationship demonstrations for other communities". Otherwise, we would be asking the community to take this on a matter of faith. Mr. Sutphin stated, "1 have certainly recognized that from day one and I wish I knew where to go to get comparative data". I tried to see if the County Tax Assessor, here or in Lee County, had data going back far enough to compare as an example, Pelican Bay that is not gated versus Bonita Bay, which is gated. The information does not exist. We need to come up with a way to get that information and I understand that it is essential to sell this program. If we don't believe it, we shouldn't do it. We should not spend any of this money unless we believe that it is money that will pay back in terms of increased property values. Mr. Trecker stated, "There is an urban development organization that the Foundation has just subscribed to". Mr. Ward replied, ''The ULI (Urban Land Institute)". Mr. Trecker stated, "I don't know if that would be a good source for this sort of thing or r'lot". Mr. Ward replied, "It actually would be a good source". It is a national organization that represents development interests across the country. They do a ton of work in defining for the developers what is good, bad or indifferent in the marketplace today. It may be a good source in trying to get this information. Mr. Nordhoff asked, "Mr. Trecker, when you say you don't think we can sell it on faith, I don't disagree with that, but isn't it more a matter of selling it on logic"? If you enhance any asset, it is going to be worth more. I don't have that same negative feeling and the bright people in Pelican Bay can see what is going on around us. I would not be afraid to sell this on the basis that enhancement will increase values. Mr. Trecker replied, "1 think you are talking about a number of different changes and you seem to have packaged these all together". I think some of the changes may be imminently saleable and others may be very difficult to sell, despite what may be a very small price tag. 108 Budget Sub-committee November 13, 2003 161 There are emotional factors on some of these issues and gating is certainly one of them that may transcend the dollars and cents. Mr. Sutphin stated, 'q'here was no intent to present this as an all or nothing document". I would be amazed if we didn't significantly reduce some items, perhaps replace them with things that no one has yet decided that we want to do. Mr. Ward, as I mentioned earlier when you were out of the room, your organization did an unbelievable job of putting together a lot of information in one week. You left out the one page that I really wanted to see, which was if you add all of this up and take the average residence, which think we talk in terms of $500,000, what does my tax bill do over a five-year period? I would like to suggest that over the next couple of weeks, that Mr. Ward segregate replacement from new capital in these schedules. If no one objects, let's agree on a 5% discount rate and I think that is realistic for planning purposes because it is worse case. Come up with a more condensed version that would be available to the entire Board, but a three or four page summary, which represents the first cut at this plan. I would suggest that this Sub-committee recess until just prior to the Board Meeting on December 3, 2003 to take a last look at that plan to present to the full Board on December 3rd, as a first cut at a Five Year Plan and Ten Year Capital Plan. None of the numbers would change from what is in here now. Mr. Carroll asked, "Mr. Sutphin, would you break it down at that time into the seven or eight items or would you still be dealing with a total"? Mr. Sutphin replied, '~/e can break this down into any level of detail that you want". That I think is important for the Board to see is that if we pursue this concept, whether the money is spent on gating or on exotic plantings, if we are looking at a incremental capital plan in the $25,000,000 range and the incremental services that have been identified to support that infrastructure, this is what it is going to cost. In the Board's view, if that is an unacceptable level of taxation to impose on the community, then we need to take a step back. If you didn't gate the community, maybe the $26,000,000 becomes $23,000,000. It doesn't change the magnitude of the increase in the assessment levels that are going to be required to support upgrading this community to it being a top tier community. Mr. Carroll stated, "As I read it, you are trying to dimension the potential cost". 109 Budget Sub-committee November 13, 2003 161 1 Mr. Sutphin stated, "Right and if that number is unacceptable to the Board, we need to say okay, maybe we want to be an almost top tier community". Mr. Carroll stated, "Or we can go forward with items 2, 5, 7 and 8, but that might compromise what you just said". If we only do a third of these items we may drop out of the top tier to something short of that. Mr. Ward stated, "At that point you would have to redefine your Mission and Objectives". Mr. Sutphin stated, "In other words, this is the first cut at the financial implications of the Mission and Objectives that were approved at the Board Meeting". Mr. Carroll asked, "Do you plan to do that before you do any testing of the community or anybody else before December 3~d"? Mr. laizzo stated, "1 would like to delay it until January". Mr. Sutphin asked, "Delay what"? Mr. laizzo replied, "This information". Let's not have it ready for December 3rd. Let's give ourselves another month. Mr. Sutphin stated, "1 don't understand why, these numbers are not going to change". Mr. laizzo stated, 'We are not hoping to change the numbers". I think we need to digest this information. There is a lot of information here that I am going to want to look at, question and feel comfortable with. Mr. Sutphin stated, "No one is asking that any Board Member, including myself, be comfortable with the details that make up any one of those programs". The details do not exist. Mr. laizzo replied, "Not the details, the understanding of how it works". Mr. Sutphin replied, "1 don't have a clue of how gating would work". What I do have a clue to is that it is going to cost in the $10,000,000 range to do it and it is going to increase operating expenses by $500,000 a year. How that gets done, with what personnel, what spending is involved, I don't have the faintest idea, nor do I want to be bothered with it at this point. If the resulting taxation levels of spending that money and adding those resources are not acceptable to the Board, then why waste time worrying about it? Why waste time in going to the community? 110 Budget Sub-committee November 13, 2003 161 1 Mr. Nordhoff stated, "1 think it should go to the whole Board before it goes to the community". Let's take it to the Board on December 3~, let them decide if we want to take it to the community in January, when there will be more people here anyway. Mr. Carroll stated, '`That sounds right to me, but I would make one suggestion and that is to consider somehow of getting the Foundation Board slightly up to speed". Mr. Trecker has been with us, but his Board has not been. Mr. Sutphin stated, '~What I would love to do and I will do it myself or anyone on the Sub- committee can do it, or you could do it Mr. Carroll and that is to simply take the Foundation Board through what we went through here today*. Explain exactly what we are trying to do, which is a very rough first cut. The Foundation Board is composed of intelligent people and I would welcome their input. Mr. laizzo stated, "1 would suggest that Mr. Ward be available to talk to the Foundation Board". Mr. Trecker replied, "1 am not sure of what response you would want from us and perhaps it is none". This is just informational at this time. Mr. Sutphin stated, UNo response is fine". Mr. Trecker stated, "1 am not sure you can support a correlation between spending the magnitude of money you are proposing and upgrading the quality of the community". I don't think that is a relationship that is going to sell. For example, it is not apparent to me that gating the community is going to upgrade its' status. Simply saying that we have this much money and we can spend it, it will cost each of you so much and if you don't spend this you are not going to have a top tier community, I don't think that logic washes. Mr. Sutphin stated, "That is not the intent and I think we have let gating get in the way of a lot of thinking". Gating is one of many items that were thrown on a wish list. Most of the elements of this capital program can be done independent of gating. There is a premise, as yet unproven, that gated communities' increase in value faster than non-gated communities. That may be totally wrong, but that is a premise. I go through one set of gates to get home, I don't necessarily want to go through two unless it would have a positive impact on my investment. Budget Sub-committee November 13, 2003 Mr. Trecker stated, "1 do not want to get into a debate on gating". The cost of gating and the potential upgrade in property values are just a couple of factors that the community is going to take into account. The convenience factor and the emotional underlay involved with gating may well supercede any perceived or possible gain in property value. The other point I wanted to make and Mr. Carroll and I have chatted about this is, if you think it would be useful to get a first cut early reading from the Foundation Board, or meeting is November 24th, we could certainly give you a sampling of seven people involved in governance in regard to prioritizing some of the things you are talking about. We would be pleased to do that if you thought it would be of use to you. Mr. Sutphin replied, "1 think it is very important". Unfortunately I am going to be in Cuba for ten days starting November 21st, but that is not a reason not to do this. I think the sooner we get the feedback, the better off we are. Mr. Trecker asked, "Mr. Carroll would you want to put a simple list together that we could then provide you with some priority comments"? Mr. Carroll asked, "Isn't the wish list what Mr. Trecker is asking about? Mr. Sutphin stated, "1 think it is the wish list and the one page that Mr. Ward did not include in this presentation". If we spend on the order of $25,000,000 over the next ten years, here is what it is going to cost the residents. I would love the reaction of the Foundation Board to that. Mr. Carroll stated, "Mr. Trecker suggested that possibly Mr. Ward and Mr. Sutphin could attend the meeting and make this presentation". Would that be too much at this early stage? Mr. Trecker stated, 'q'his would be far too long". Mr. Nordhoff stated, "Both Mr. Ward and Mr. Sutphin have indicated that they would not be available on the 24th and the presentation is long". If it,were shorted to one hour, could you have a special meeting at a time when they can attend? Mr. Trecker replied, "If you are just looking for some type of response in terms of general guidance from the seven members, I don't know that you need to go into the details of a special presentation". I think a one pager with the proposed upgrade projects you are talking about, Budget Sub-committee November 13, 2003 161 1 provided in advance, would probably be adequate, with the understanding that this is in its' very early stage". Mr. Carroll asked, "Can you produce that"? Mr. Sutphin replied, "Mr. Ward can produce it and I think the price tag ought to go with it". Mr. Ward stated, "It can be produced and the one piece of the puzzle is the Mission, Goals and Objectives". You have to buy into all of it in order to make it work. Mr. Sutphin stated, "Mr. Trecker, it is probably going to be three pages". There will be the Mission, Goals and Objectives and a one-page summary, with here is your bottom line. Mr. Domenie asked, "Mr. Ward in your ad valorem estimates, did you keep the taxable value constant"? Mr. Ward replied, "No, we increased it at 10% the first year and 5% in subsequent years". Mr. Werner stated, "1 think that the financial aspect is going to be the least to be considered". I think it is going to be convenience, and personally I don't particularly care to live in a gated community, and emotional attachment is going to be more important to the people of Pelican Bay if they are presented with that issue. Mr. Sutphin replied, "1 have my own views on gating, but I am a pragmatist". I think the reality of gating Pelican Bay, even though it is legal, is that one of the first things that I would recommend if the Board votes to pursue it to its' next step, is even before going to the residents, obtain a resource that could give us a very well researched opinion that we could rely on as to the political feasibility of doing it. I think the answer is going to come back "no". That is my feeling. The County will find a way to not let us do it. Mr. laizzo stated, I also believe that, but again our property value will go up and there are more taxes in it for them". The Commissioners are changing every so often, so you never know who is going to be on the Board at the time. Mr. Sutphin stated, "This Commission would not vote to allow Pelican Bay to put up gates". I would bet on that one. For the purpose of doing what I think we are doing here, that is irrelevant. 113 Budget Sub-committee November 13, 2003 Mr. Werner stated, "The problem is, if you get the community stirred up about something that is not possible to do, that is going to be a highly emotional issue and we have gone through that a few times". Mr. Sutphin stated, 'q'hat is precisely why it is too early to go to the community". Let's replace gating with a wider Pelican Bay Boulevard and we come up with the same amount of money, is the resulting assessment level something that the Board will support? No gates, but we have a wider street with a bike path. Until we have the answer to that fundamental question, I don't see the sense of getting into the detail. That is what I would propose to present to the Board in December and we are either going to vote that those levels are acceptable and then go to the next step of getting into the guts of some of these programs and deciding how feasible they are and what we have to do in terms of interfacing with the community. Until we get a consensus from the Board that the financial implications of the Mission and Objective Statements are something that the Board supports, I am not prepared to go much further. Hopefully, by December 4th we will know that. Mr. laizzo stated, "1 will be absent for the next meeting". Mr. Sutphin asked, "Mr. Ward, would it be legal to send Mr. laizzo the revised summary, with the bottom line separating the replacement and non-replacement capital that we are going to review prior to the Board Meeting, since he is not going to be here"? Mr. Ward replied, "Sure". Mr. Sutphin stated, "Mr. laizzo, you will need to send any comments you have back to Mr. Ward so that they get incorporated into what we see". I Mr. Sutphin moved, seconded by Mr. Nordhoff and approved i~ II unanimously that the Budget Sub-committee recess their I' ' ..... The meeting recessed until 2:00 P.M. on December 3, 2003 at Hammock Oak Center. Christopher Sutphin, Chairman 114 Fiala /~./' Halas Henning '~' Coyle Coletta RECEIVED COLL, R COUNI GOVERNMENT JAN o 2 2oo , Pelican Bay Services Division 8oard of' County 801 Laurel Oak Drive · Suite 605 · Naples, Florida 34108 · (239) 597-1749 · Fax (239) 597-450'2 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN THAT THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON WEDNESDAY, JANUARY 7, 2004 AT 3:00 P.M. AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 AGENDA 1. Roll Call 2. Approval of the Minutes of the December 3, 2003 Regular Meeting 3. Public Participation 4. Chairman's Report Meetings with Commissioner Halas & Deputy County Manager Leo Ochs Annexation Issue Underfunding of Pelican Bay Services Division - Mr. Ward to discuss Foundation Board Meeting History of Pelican Bay Services Division (PBID) - Mr. Ward 5. Sub-committee Reports Budget Sub-committee "Step I" 5-year Budget and 10-year Capital Plan Complete Capital Programs/Projects Ranked Marketing Plan Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Annual Report Presentation Clam Pass Interim Monitoring 6. Administrator's Overview Red Flag/Green Flags Capital Projects U.S. 41 Median Landscaping Gulf Park Drive Irrigation and Landscape Improvements Oakmont Retaining Wall Improvements Community Issues Pelican Bay Boulevard Resurfacing Sidewalk Overlays and Repairs 7. Committee Requests 8. Adjourn All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Pelican Bay Services.DJ.vision Office at 597-1749. C o [~ ,~ r C MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING December 3, 2003 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, December 3, 2003 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. James Carroll (Chairman) Mr. Glen Harrell (Vice Chairman) Mr. M. James Burke Mr. John Domenie Mr. John laizzo (Absent) Mr. David Nordhoff Mr. David Roellig Mr. Donald Spanier Mr. Edward Staros Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Eight (8) Pelican Bay residents; Mr. Tim Hall, Turrell & Associates; Mr. Brett Moore, Humiston & Moore Engineers; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA: 2. 3. 4. o Roll Call Approval of the Minutes of the November 5, 2003 Regular Meeting Public Participation Chairman's Report Concern for County approach to Pelican Bay Priority Waterside/Crayton Road/January 15 Foundation Issues Our Wish List Others Scheduled meeting with Commissioner Halas and Deputy County Manager Leo Ochs on December 8th Sub-committee Reports Budget Sub-committee Preparation of a 5-year "Step I" Budget and 10-year Capital Plan Budget Planning - Step I - Mission and Objectives Budget Planning - Step I - Strategic Programs Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Annual Report Presentation Clam Pass Interim Monitoring Administrator's Overview Red Flag/Green Flags Capital Projects U.S. 41 Median Landscaping Gulf Park Drive Irrigation and Landscape Improvements Oakmont Lake Bank Improvements Community Issues Cannes at Pelican Bay - Gulf Bay Development Sidewalk Overlays and Repairs Easement Encroachment 5409 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 7. Committee Requests 8. Adjourn ROLL CALL Mrs. Smith asked that the Record reflect all members present with the exception of Mr. John laizzo with an excused absence. APPROVAL OF THE MINUTES FOR THE OCTOBER 1~ 2003 REGULAR MEETING Mr. Werner moved, seconded by Mr. Sutphin and approved unanimously the Minutes of the November 5, 2003 regular meeting. PUBLIC PARTICIPATION Col. Ted Raia - Pelican Bay Property Owners Association - St. Raphael resident - "1 believe you have received an exchange of letters between myself and a member of your Board, which explains both sides of the position on Cap d'Antibes quite well". It was approximately one year ago today, that I appeared before this Board asking for a letter of support in the community's opposition to the construction of Cap d'Antibes. Somehow or other, things got misfired and misunderstood and a year has passed. We are now on the verge of a hearing before the Board of County Commissioners on the issue of Cap d'Antibes. I am once again coming before this Board to ask that you take a position on this issue. It was clearly explained by the County Attorney that you are the voice for our District Commissioner in bringing the concerns of the community before the County Commissioners. I feel that it is definitely within your purview to express your opinion, just your opinion, reflecting the concerns of the Pelican Bay community. I realize this should be an agenda item, so I don't expect anything to be done now, but I would appreciate it if it could be added to a future agenda. Mr. Spanier stated, "In connection with Col. Raia's comments, I would like to suggest to the Board the substance of a simple letter that I hope would set to rest this year-long, most embarrassing and unfortunate dispute". Under my thinking, a letter would go out from the Chairman, on behalf of the Board, reading as follows: "This Board has been engaged with CoL T. J. Raia, Jr. in an exchange, sometimes acrimonious, regarding the Cap d'Antibes project now coming before the Board of County Commissioners. 5410 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 While it is our informed judgment that this Advisory Board has no review or approval authority on matters other than water drainage and property encroachment, as individual community activists, elected by our neighbors to maintain communication with the Commissioners on matters of common interest and concern, the Board herewith encourages individual members to convey their individual inputs and information they may have received from their neighbors to the Board of County Commissioners." Mr. Spanier continued, "It appears that is the most we can do to restate to the Commission our clear understanding of our constraints and obligations and set forth the fact that as a Board we do not feel that we are entitled to or inclined to respond, but the Board encourages those members so inclined to provide their input to the Commission at this time. I would hope this would prove acceptable to Col. Raja, the people that he is working with and to the members of this Board to lay this matter to rest once and for all. Mr. Carroll asked, "Is that a motion"? Mr. Spanier replied, "1 am asking for your guidance because I am at the portion of the meeting where I would normally make a motion, but I wanted to lay the gesture before my colleagues". I am sure we would all like to see this matter between our Board and the Pelican Bay Property Owners Association disposed of. Mr. Carroll stated, "It is difficult for me to deal with that as long as Mr. Raia has taken an aggressive position against our Manager and this Board". Mr. Burke stated, "One comment and I will tie this in with my comments about attending Commissioner Halas' meeting". Commissioner Halas hosts a monthly meeting at the St. John's Catholic Church. Most of the associations in the Commissioner's District have representatives in attendance. The representatives bring issues before him and bring him up to date on things such as Wiggins Pass, the Vanderbilt overlay and the Pelican Bay PUD. The Commissioner listens to a lot of things. I stayed after the meeting and spoke to Commissioner Halas and don't know if this would add any clarity to this issue or not, but he has no doubt about how we all feel about Cap d'Antibes, as individuals. I believe the Commissioner has a plan, which he is already addressing and going after, but not in a public venue. When it came up approximately a year ago for us to send a letter, I was the only member that said we should and I have not changed my mind. However, at this point, I am wondering what a letter would do. 5411 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 ! 61 1 Mr. Carroll stated, "1 would be amazed if the Commission did not know our position". I have relayed that to Commissioner Halas several times and there is no doubt that he knows that it is a monstrous building that we do not like. Mr. Harrell asked, "Is there any part of this community that is in favor of this building"? Is there anybody, other than the developer, that says it is not a bad thing or is it that there are a lot of people that don't care? Mr. Carroll replied, "1 think that is true". Mr. Harrell stated, "1 have purposely stopped reading everything because it bothered me so much and I am not a resident". I want the community to guide itself where they feel they need to be. I have not heard of anybody in the community that is for this project and I believe the Commissioner is aware of that. Mr. Sutphin stated, "As I recall our discussion from a year ago, the initial reaction of the Board was to get strongly involved". We were cautioned on two grounds, first the propriety of a branch of County government openly criticizing a decision made by another branch of County government, ala the Planning Commission. Secondly, and this is the one I remember very clearly, the danger of this Board taking a position on an issue that could come to litigation and exposing members of this Board jointly and separately to liability. We agreed as a Board to drop it at that point. It had nothing to do with our individual feelings about the Cap d'Antibes project. It just did not seem appropriate for this Board to involve itself as a body. I don't think that has changed. Mr. Spanier replied, "1 believe that is correct". My thought in suggesting a letter of this nature officially encouraging the individuals to go on record, which I think is quite different from these informal discussions, would have some real impact. It is one thing for us to have acquired a sense that Commissioner Halas knows how many in the community feel. It is something else to have on the table of the Commissioners, one or more than one letter from individuals who are by definition, community activists and elected to office and are speaking as individuals on an issue of community interest. 5412 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 Mr. Staros stated, "1 wanted to bring everybody up to date about a situation that is brewing concerning the Coastal Construction Setback Line". Late Monday afternoon of last week, I received a call from Ms. Kathy Sproul of the Barron Collier Company who informed me that the Planning Commission, who meets on a routine basis, at their November 13th meeting brought the Coastal Construction Setback Line topic up and had some revisions to the language concerning the Coastal Construction Setback Line. Ms. Sproul indicated there was another meeting that night at 6:00 P.M. in the County Commissioner's Office and asked for my participation, along with herself and Mr. Kinney, to air the potential language and how devastating it would be for our communities. Low and behold, when we read the language, it basically said and I will paraphrase it to keep it short, that any building such as our restaurants in Pelican Bay and at the Ritz Carlton that have been built with permits on or over the Coastal Setback Line, if it was destroyed by natural causes such as a hurricane or by manmade causes such as a fire and 51% of the structure was destroyed, then the new language would require demolition of the remaining building, with no permission to rebuild. Mr. Kinney made a presentation on behalf of Pelican Bay, I made a presentation on behalf of the Ritz Carlton and Attorneys Bruce Anderson and George Varnadoe made presentations of how devastating this language is. They actually took photographs of where the Coastal Setback Line is and superimposed it over all of the buildings starting with the Ritz Carlton Restaurants, the residences along Gulf Shore Drive, all the way to Bluebill Avenue. Every single residence is literally cut in half. We convinced the Commission to rehear this subject and that meeting is scheduled or tomorrow (December 4, 2003) at 8:30 A.M. in the County Commissioner's Office. Since then, a group of us have called many of the homeowners that have residences that would be affected by this change to be at that meeting tomorrow and it would not surprise me if we have one hundred people showing up to protest this potential language. Very simply reading that if a hurricane or fire took our facilities we would have to go back to nature and not have the ability; to rebuild, which would have a devastating affect on our communities. Picture Pelican Bay without beach access, picture what would happen to your real estate values, picture the Ritz Carlton without any beach concessions 5413 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 and all of the buildings on Gulf Shore Drive disappearing. It is amazing to me that something like this has gotten this far without more public comment. Mr. Staros continued, "The purpose of my bringing this up to you today is to inform you that the Planning Commission is planning to meet tomorrow and are planning to provide the County Commission their recommendation as to this language at the December 9th County Commission Meeting. Hopefully tomorrow we will have the language changed to a more reasonable approach and if not, we will all be at the County Commission Meeting to raise our concerns. Mr. Sutphin asked, '~Vho is championing the current language"? Mr. Staros replied, "It is my understanding that it is Ms. Barbara Burgeson of the Community Development Environmental Services Division who has drafted the language". Mr. Carroll replied, "We have certainly heard that name before". She is the person who held up the permits on the bar, etc. Mr. Domenie stated, "1 was under the impression that this Coastal Construction Setback reconstruction limitation was a Federal standard". Mr. Staros replied, "It is". Why we have to have a separate language for our County, over and above what is good for the balance of the State is beyond me. Mr. Domenie stated, "1 was under the impression that it was Federal and it applied to all coastlines from Maine to Texas". Mr. Staros replied, 'q'his is in addition to". The way the language is now, as I understand it, if there was a fire in one of the homes on Gulf Shore Drive that destroyed 51% of the home, the house would have to come down and could not be rebuilt. If there was a hurricane that took out 51% of one of the eight story condominiums, the balance of the building would have to come down. When we were discussing this with the Planning Committee, we asked if anybody had thought about the mortgages and insurance on these building~ and who the real owners are? It would be the same as getting a letter in the mail saying effective tomorrow your business license is cancelled, forget the $100,000,000 investment you have. 5414 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 Mr. Harrell asked, '~Nhat is the difference between the Federal Law and the County amendment"? Mr. Roellig replied, "1 believe the Federal Law applies to flood insurance". Mr. Stares stated, "As I understand it, if you had a permit in the past to be on or forward of the Coastal Construction Setback Line and your building was destroyed by 51% or more, your past permit is null and void for any future development. That is me, a business layman, reading lawyer language. Mr. Brett Moore, Humiston & Moore Engineering -"The line that we are talking about was first set by the State back in 1974". That was the State's jurisdiction for coastal construction. If you built in front of that line you needed to get a permit from the State. When they set that line there was already some development in Vanderbilt, but in other areas there was not so much of a problem. Bay Colony was planned landward of that line. Some of the facilities at Delnor Wiggins State Park and Clam Pass Park are in front of it. In 1989 the State said that for the State's purposes and it is regulatory, not a setback, we are going to move our line further landward because it is supposed to represent an impact. So it was moved landward of Gulf Shore Drive and back into the mangroves along Pelican Bay. Prior to that the County adopted the State's Line as their Coastal Setback Line and to build in front of that you needed a variance. The State has a line that is further landward and anything built between that line and the beach would require a permit. The seaward portion is that area that has been further regulated by the County, now the County is going to make that line extremely prohibitive. It used to be that if there was a condominium to the left and to the right and you wanted build between the two, you hand justification to get a variance. Now the way it is proposed, it would be nothing. Mr. Carroll asked, "Is your company taking any position on this language change"? Mr. Moore replied, '¥Ve have been advising people of what is coming". We do work for the County and we have to be very careful of not getting into a perceived conflict over this matter. We are educating everyone as to what is going on. Mr. Stares stated, "Since you are more educated on this than I, did I present that correctly"? 5415 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 Mr. Moore replied, "1 believe that was very fair". There does not seem to be anything in there for grandfathering a structure. If there is a disaster they refer you to another section of the Land Development Code, which eventually brings you back to that code that says you can't do anything. They also have reference language about what is reasonable economic value for a parcel and who is going to make that call? There are other things that are going to affect the Ritz Carlton and Pelican Bay. If you have a seawall it would require removing the seawall. In removing a seawall it may also jeopardize adjacent properties. From an environmental side it may look good on paper, but it does have shortcomings. Mr. Staros stated, "1 will be at the meeting tomorrow, fighting for all of our rights and if we don't get satisfaction tomorrow we will be at the County Commissioner's meeting making sure that it is perfectly clear that this would be extremely detrimental to those who own real estate, whether it be residential or commercial property, within that setback line. Mr. Kinney stated, 'q'he item will not be heard before 11:00 A.M. tomorrow". There has been a vast amount of E-mail sent to the County and apparently the eyes are becoming wide- open as to what this language is. I believe tomorrow is going to be a very positive day and we need to show up in force. Mr. Carroll stated, "The Pelican Bay Services Division Board manages this Division through our Manager, Mr. Ward and Mr. Lukasz". We are not advisory in this role, we are running it per the June 2002 Ordinance. I would like us to stop using the word "Advisory" when it has anything to do with the operation of the Division because I don't think it is appropriate. We are advisory to the Board of County Commissioners and I, with the Foundation representative, will keep our Commissioner advised of current and future issues of importance. That is what I think the regular meetings of Mr. Seblatnigg and I have set up and we are continuing that. You should know that is the way I think and I will pause to see if any of you disagree with my interpretation of how the Services Division is operating. CONCERN FOR COUNTY APPROACH TO PELICAN BAY Mr. Carroll stated, "This is another subject and has to do with dealing with County staff". We need to work with them, but we need a level playing field. I hope to develop a working 5416 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 ! 61 relationship with Mr. Ochs and to bring current issues to his attention each month and more often if necessary. I prepared this Memorandum, which I would like to go over with you now, because it focuses on our working relationship with the County and some of the recent issues that I have observed and they are bothersome. Mr. Carroll continued, "The first item on the list is the permit to install the bar at the Sandpiper Restaurant". We have all heard much about this, but this permit was filed in March and we got it eight months later, only through the efforts of the Deputy County Manager, Leo Ochs. It was turned down many times by Ms. Barbara Burgeson and is unreasonable behavior. We talked to Mr. Ochs about this a month ago and he thought that it would be resolved the next day, but it took another month and his intervening in order to make it happen. This is unacceptable behavior in my opinion. Mr. Carroll stated, 'q'he next item is the Waterside Expansion and Mr. Harrell can do this one in his sleep". This whole expansion, which has been delayed four times, is also approaching the ridiculous. There are various reasons for this delay and some did not have to do with staff, but I feel that no County staff member stepped forward to support Waterside's attorney or the County Attorney's recommendations. As a matter of fact, the Transportation Department had amended the application to require that Crayton Road be extended through to Seagate Drive, something that the Pelican Bay people opposed. This condition was eventually removed, but staff again acted adversely in regards to Pelican Bay. Four months is too long, staff was not helpful, but I will say the County Attorney was attempting to be helpful but the Commission did not seem to want to listen. Mr. Carroll stated, "The third issue is beach access". I don't need to say much about that. Mr. Dunnuck has been out there talking about punching holes in our mangroves for months and I can only put him on the list because that County operation has been dysfunctional as far as I am concerned. Mr. Carroll continued, "The fourth item is the Coastal Advisory Committee recommendation and nobody knows this better than Mr. Roellig, but again Parks and Recreation appear to be encouraging the use of beach renourishment money for access". I know you have 5417 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 been reading in the newspaper about people wanting to split the funds between access and renourishment and today I read where they want to raise the TDC tax and I am sure Mr. Staros wanted to hear that. Mr. Staros replied, 'q'hat is the next fight, after tomorrow". Mr. Carroll stated, "The last point I put in this Memorandum is the Cap d'Antibes project". When this plan was changed from a two tower acceptable development to a single monstrous building, the Planning Department staff did not alert the Pelican Bay Services Division or the Foundation to this strange looking complex. They may not have had the authority to stop it, but Pelican Bay should have been alerted. I think the staff should be doing something like notifying this Board, Mr. Ward, Mr. Kinney or somebody when something like that is going through their review and they didn't do that. Again, I feel that it is a lack of staff attention. Mr. Carroll continued, "In the big picture, what I am concerned about is whether there is something about Pelican Bay that is causing them to zero in on us". Ms. Burgeson, who we have talked about, is obviously anti-Pelican Bay, but I don't know about the rest of the staff. I plan on asking Mr. Ochs about that. Mr. Carroll stated, "1 would conclude by saying that we have three projects out there right now that are very important". I am not saying the Cap d'Antibes project isn't, but we have the permits for the Community Center. Have the applications gone in yet Mr. Kinney? Mr. Kinney replied, 'q'hey will be submitted in approximately ten days". Mr. Carroll stated, "That is certainly high on our list and if getting permits on other things over the last year are any indication, we will be lucky to get these permits in two years, which is really unreasonable". The second issue, Waterside, is critical to our operation. Beach Renourishment and beach access is the third issue. I had Mr. Ward read my position about a week ago and he asked me to tone it down a little, but I do hope to cover this with Mr. Ochs shortly. I will also cover these concerns with Commissioner Ha'las. PRIORITY Mr. Carroll stated, 'q'his concerns our long range plan that Mr. Sutphin will be covering later". The thinking we have been doing about gating our community forces us to think about 5418 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 16i 1" certain other things like who should own the roads and why not us? Also, the County owns the mangroves, but we maintain them, why shouldn't we own them? I see the Foundation and us, together, trying to consolidate our position and managing as much of what goes on in Pelican Bay as possible. One example is that we have been debating and arguing for some time about who owns the berm. Just to remind you, the Foundation owns the land under the berm and the question was who owns the berm over which the tramway sits? There was a lot of confusion about this and we have finally resolved this issue. Mr. Ward, the County Attorney and myself resolved this issue over the phone. The Foundation owns the berm. That is what we want. The County Attorney has requested a Resolution to that effect and Mr. Ward has prepared this Resolution for his and my signature. I would like to have you read it and when it is approved the berm will be owned by the Foundation. Mr. Carroll stated, "Once you have read the Resolution I would like to have a motion from this Board approving it". Mr. Burke asked, "When we are talking berm, we are talking the land and the blacktop that is on top of it, is that right"? Mr. Carroll stated, "The ground under it is already owned by the Foundation". Mr. Roellig asked, "Has there been a climate of control by the County"? Mr. Carroll replied, "It has been nebulous and this resolves it". Have they claimed to own it"? No, but if you left it out in limbo they might claim it and we don't want that to occur. Mr. Roellig asked, ''Who is the Resolution going to"? Mr. Ward replied, "It will be sent to the County Attorney's office and I will discuss it with the County Attorney's Office on how to get it before the County Commission". Mr. Roellig asked, "Does the County Commission have to agree with this"? Suppose they decline to act on it? Mr. Ward replied, "The County Commission will have t8 act on it and hopefully it will be a Consent Agenda Item and not be an issue". Mr. Carroll stated, "The County Attorney felt it would be a Consent Agenda Item". Mr. Roellig replied, "1 hope so". 5419 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 Mr. Spanier stated, '~here is no compensation here". We are asking for transfer of title, they own it and the dog hasn't barked yet. Mr. Carroll stated, '`we are not asking for title, only that the Foundation owns it". Mr. Spanier asked, '~Nhere is title vested at the present time"? Mr. Harrell replied, '~hat is the confusing part". The land under the build-up is owned by the Foundation and there was some confusion at one time of what is the build-up. It seems absurd to me that someone could come into your yard and dump a pile of dirt and say I own the dirt and you own the land. Apparently we don't want that confusion and this is just confirming. Mr. Werner stated, "It appears to me that PBID owned it at one time and when the County took over the PBID that created the question of who owns it". Mr. Carroll stated, '~hat is the confusion". What you just said is what the attorney said and if you own the land under it, it makes sense to own the mound on top of it. Mr. Domenie stated, '`we are only concurring to the transfer, we have nothing to do with it and are agreeing to maintain the berm as we have done in past". Mr. Carroll replied, ~/e have easements into perpetuity to maintain". Mr. Domenie asked, '`who do you mean when you say "we"? Mr. Carroll replied, '~'he Services Division". Mr. Werner moved seconded by Mr. Sutphin and approved l unanimously to adopt Resolution 2003-01, which is a ! Resolution of the Pelican Bay Services Division Board l expressing its' concurrence to transfer the ownership of the l berm from Collier County to the Pelican Bay of Naples l Foundation, Inc. Mr. Carroll continued, "We need to take a new position on reviewing new construction". The Foundation feels that their hands are tied, but we have an opportunity because of our Water Management responsibilities to redefine our role with the County. We can't just tell Mr. Ward and Mr. Lukasz to start looking at the drawings and report to us. We need a clear defined role in this process if we are to represent the community properly. I would like to suggest that we ask Mr. Ward to analyze what needs to be done to clarify this. I am not talking about taking responsibility; I am talking about trying to clarify the role that we need to play in this process. If we want our 5420 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 Manager to look at these drawings and bring them to our attention, the County needs to know that we want in on that process. If they don't want us, we can go fight that battle. As far as are we going to approve the plans, no. I don't think we have the authority to do that, but I am asking that we change the procedure so that we get to see all of the plans. Mr. Ward would bring them to our attention and if they see another Cap d'Antibes, they tell us to take a look at them. What we can do at that time is another subject. Mr. Werner asked, "How much infrastructure is left"? Mr. Carroll replied, "1 recognize that there isn't much". I don't know if and when we get into a bunch of teardowns in Pelican Bay. Mr. Harrell replied, "The Foundation already has that in place". Mr. Carroll stated, The Foundation has no authority on new projects". We have the Cannes project, which is what brings this issue up. Maybe it is not necessary because there is no more construction, but I am not confident that there won't be. Mr. Sutphin asked, "Mr. Ward, would it be legal and practical in your opinion to simply request, either by a Board Resolution or some other means, that anything emanating from the Pelican Bay Services Division that has to go to the Planning Commission go through this Board first"? Mr. Ward replied, "Yes, it would be legal". The PUD goes directly to the County and the Planning Commission. A site plan is approved at staff level and not at the Planning Commission level. I believe what you want is a site development plan of a multi-family or commercial development to come to you for review and recommendation to staff and to the County Commission. Mr. Sutphin stated, "That would make sense". We could not reject it, but it would go with either our concurrence or our disapproval. Mr. Ward replied, "Which under the current Land Development Code would be just that". It would not be a binding recommendation, just a recommendation. 5421 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 Mr. Harrell stated, 'q'here is something very similar that goes on already with the County government and that is the Planning Commission". The Planning Commission does not approve, they simply recommend or deny recommending to the County Commissioners. Mr. Ward stated, 'q'he difference this is that they have status under the Land Development Code and Ordinances". Mr. Harrell stated, "1 hate to get to the point where we step outside of what we do and tell a landowner who has some certain rights to do something under the PUD that we are not going to be in favor of it". Again, we would find ourselves exactly where we are with Cap d'Antibes. I am speaking outside of our reign of influence, although we have that right as residents, but I don't know that we have that right as a County Board. Mr. Carroll asked, "Don't we have an obligation to identify that there has been something significant that we ought to see and maybe don't like"? Mr. Harrell asked, "How do you define the word "Significant"? What is significant? Changing the use of land is too significant. There is a flaw in the County's process in that you go in front of the Planning Commission with a site plan, you make a PUD change or whatever, you get an approval and when you get the site development plan you can change that at staff level without any more public review. That is what happened with Cap d'Antibes. It was already approved in one way and then got changed through the Site Development Review. As long as it meets certain criteria, there is no more chance for public input and that is where the changes can be made. Mr. Ward stated, 'q'hat is the problem even in this process". At that point your approval of the site development plan never arises above staff level and as a Board, who do you make your recommendation to? Mr. Carroll stated, "If it comes to us after you and Mr. Lukasz review it, are you saying there is a problem saying that we don't like it"? Mr. Harrell stated, "If you get to a Board that has no jurisdiction you are just leaving yourself liable because there is no jurisdiction". We have a person who is fighting the expansion of the Waterside Shops. In order to fight the expansion you have to have standing and a reason 5422 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 to fight and if you don't you can't fight it. You have to be careful who is fighting you. I can't go and object to the City of Naples redeveloping Fifth Avenue because I have no standing. You just have to be careful as a Board in getting involved. Mr. Ward, aren't some of the approvals that you do, not required by the County but the County wants you to be involved in them? Mr. Ward replied, "Yes, for twenty-three years we have reviewed and approved the plans for the drainage and assorted other items and sent them to the County and they have used them as part of the process, along with their own reviews". Mr. Harrell asked, "If we could play in that same type of system facilitating our review, although it is not mandatory and is an opinion that goes out, I think that would be within our purview''. Mr. Ward replied, "1 think you can as long as you understand that it only stays with the staff and never rises above the level of review within the County's Community Development Department". Mr. Sutphin asked, "If you were reviewing things beyond what you currently review and they went through with your recommendation and that recommendation was not adhered to by County staff, would you be notified or would it just happen"? Mr. Ward replied, "Usually I am not notified". Mr. Carroll stated, "1 could see that might be the case, but we would at least be given the opportunity to review it and if it were bothersome enough then maybe we could find some avenue to talk to the Commissioners". Mr. Werner stated, "Personally I think the horse is already out of the barn. I see no difference from what you are proposing as far as having this Board recommend the desirability of a particular project and to what we were advised against what we should do by the County Attorney". Mr. Carroll stated, "1 was looking for a way around that' point". Mr. Harrell stated, "If we could get staff to agree to allow us to provide our review and opinion, even though it has no legal basis, that would work". That is what you are doing for water management and does not really need to be done or even relied on. If we could get staff to agree 5423 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 that we could have comment, they may or may not do it. I have learned a lot about the process over the past couple of years in working with the County and one of the things I have learned is what the Commissioners do is political and what staff does has nothing to do with politics. There are five people who want Crayton Road connected and every one of them work for the Transportation Department. They attempted to make that part of the agreement, but they messed up because they didn't read the document well enough. They were going to force the opening of Crayton Road without any public opinion and the head of Transportation said I don't care about politics or people; I care about Transportation and the roads. That is the big difference between dealing with staff and dealing with the Commissioners. The Commissioners will listen to us because we cast the votes every couple of years, but staff doesn't listen and that is a difficult political situation. Mr. Carroll stated, "I recognize that we don't have the authority, but if we could get staff to agree that they would seek our opinion on some things I think it might be helpful and we would at least be alerted to what is going on". Mr. Werner replied, 'q'hat is offering your opinion on something outside of the jurisdiction of the Board". I don't see the difference. Mr. Ward replied, "1 also don't, to be quite frank with you". On the Cannes project, staff is processing it without Pelican Bay's review at all. The developer has essentially refused to provide us the plan for Cannes. I have a feeling in the current environment, because of what has occurred with Cap d'Antibes, the staff is probably not going to do that without a change in the Land Development Code Zoning Ordinance to allow for that review to occur. Mr. Roellig stated, 'q'he Cannes is a perfect example". If you read the Sunday newspaper, the Cannes ad was there". If you read the fine print it says Gulf Bay Group, "Creators of Pelican Bay's skyline". I don't like the St. Raphael townhouses along the road either, but this is worse from just looking at the picture. Mr. Carroll asked, "Is it the sense of this group that this would not be worthwhile"? Mr. Domenie stated, "If we hear about a case such as this where we do not have the legal power, wouldn't it be right for us to turn it over to the Pelican Bay Property owners"? They 5424 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 are the voice of Pelican Bay. We are limited to strictly water management. Can we refuse to approve the water management if a project meets all of the standards? Even if we refuse, can the Planning Commission go ahead and approve the plan based on their knowledge? Mr. Ward replied, "Years ago if we said we don't approve it because it does not meet the standards, they would never get the STP". Today, even if we said that we do not approve it, but the County disagreed with that, the County would issue the STP. Mr. Carroll asked, '%,Vhat is our responsibility for the expansion of the Waterside Shops"? Mr. Harrell stated, "It is exactly the same situation as the high rises". As long as we meet the PUD requirements and because we are trying to change the PUD requirements, we have had to have public hearings. That is part of the PUD change. When the developers buy property, WCI has the architectural authority and the County won't issue a permit without WCI stamping the drawings. Mr. Roellig stated, "1 believe Gulf Bay has the architectural approval authority for Cannes". Mr. Harrell stated, "You have to read the documents and I believe that Gulf Bay would not allow WCI to have the architectural approval when they bought the property". Those are all agreements between the buyer and seller and I would be afraid to get between a buyer and seller. If Mr. Ward is doing a review of the water management that is not required, I don't know why we couldn't review things too. Mr. Staros stated, "The answer might be, like I just provided a five minute overview of what is going on with the Coastal Construction Setback Line, I did not do that as an MSTBU Board Member, I did that as public comment". I think that you have created something great in this meeting, in that you have Public Comment and you put it right on top of the agenda. If we use that Public Comment time appropriately to air these issues, I think we have created the voice of the people and a chance for everybody to get involved. Mr. Carroll stated, "If we had more people attend, I would feel better about that". I agree in principle, but we are lucky to have six people in attendance at our meetings. I am ready to move off of that issue, if the sense of the Board is that this is not going to be a useful process. 5425 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 ,1 Mr. Ward, are you saying that you have attempted to look into this Cannes project and it is going no place"? Mr. Ward replied, "At the moment it is going no place, but I am going to try to ratchet it up a little". PRIORITY Mr. Carroll stated, 'q'his has to do with the priorities that Mr. Ward and I place on issues that come up". The berm ownership is an example of one priority. It is very clear to me that the priorities that we have are to the people of Pelican Bay and not to the County. I know we have all been appointed, but my loyalties are to the community of Pelican Bay. I have talked this over with Mr. Ward and in principle he does not have a problem with that. Before the new ordinance I believe there was some feeling on the Board that Mr. Ward was making decisions that might favor the County more than Pelican Bay. I could not come up with an example, but I just felt it was necessary to bring this up and to be sure that we all felt the same way, including Mr. Ward. The number one priority is the Pelican Bay community on all issues. WATERSlDE/CRAYTON ROAD/JANUARY 15 Mr. Carroll stated, "1 don't think we need to talk about this any more and we have Mr. Harrell leading the charge". FOUNDATION ISSUES OUR WISH LIST Mr. Carroll stated, "1 am going to let this fall to the Budget Sub-committee for details, but I did go to Mr. Trecker and suggest that the Foundation Board get involved". This was as a result of prodding from Mr. Sutphin at the last Budget Sub-committee Meeting. Mr. Trecker wrote down six different items that he picked off of our wish list and took it to the Foundation for their vote. I attended that meeting and provided a presentation of why it was important to us and there was really no disagreement. I think one of the goals was to begin to have the Foundation Board identify with the things we were thinking about in terms of improving Pelican Bay. Mr. Sutphin has said many times that we are going nowhere if the Foundation is not with us. Mr. Trecker has produced some information, which will be covered by Mr. Sutphin. 5426 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 1 SCHEDULED MEETING WITH COMMISSIONER HALAS AND DEPUTY COUNTY MANAGER LEO OCHS ON DECEMBER 8TM Mr. Carroll stated, "1 will be meeting with Commissioner Halas and Deputy County Manager Leo Ochs, but not on December 8th due to schedule changes". I will meet with them this month and I will attempt to bring things that have we talked about in this meeting to the attention of both men. SUB-COMMITTEE REPORTS BUDGET SUB-COMMITTEE PREPARATION OF A 5-YEAR "STEP I" BUDGET AND 10-YEAR CAPITAL PLAN Mr. Sutphin asked, "Are we going to put the 5-year plan on the screen"? Mr. Ward replied, "1 know we had talked about doing that before the meeting, but as I look through this I feel we should wait and do this at your Budget Sub-committee Meeting next week". Mr. Sutphin stated, "1 would like to bring the Board up to date on where the Budget Sub- committee stands". There has not been a tremendous amount of progress since I last reported to you for a couple of reasons. The analyst on Mr. Ward's staff that has been doing the preponderance of work on this program had the audacity to go on vacation. The second thing that got in the way was that I had hoped to have a Sub-committee Meeting prior to this meeting and we did not have a quorum, therefore we could not have the meeting. There has been one major change in the composition of the 5-year Operating and Capital Plan and that is that any reference to gating the community has been removed. There were two fundamental reasons for that. First, it was felt that gating was a controversial and potentially divisive issue that some people might feel very strongly for or against. Equally important, in my opinion, was the political do-ability and I took the liberty of calling Dr. Carter to bounce the gating idea off of him. Dr. Carter's comment to me, assuming we could resolve any community issues which is easier said than done, is that the probability of getting the political appro, vals required to gate Pelican Bay would be somewhere between slim and none. Therefore, I am recommending that we remove all consideration of gating the community from our long range planning. I believe our time is better spent on other matters. 5427 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 1 Mr. Sutphin continued, '~Vhat I propose to do at our next Budget Sub-committee Meeting, which is scheduled for next week, is to take the existing Capital Programs, subdivide them into identifiable chunks and attach to each one of those items an estimated increase in the annual non-ad valorem assessment that would be required to execute that particular program. I plan to distribute that to each Board member individually and ask you to rank order those programs as you see them. We will take that ranking and do a correlation, which should provide a rank order of programs that is the consensus of the Board, with costs attached in terms of annual assessments per program, which would then allow us to look at the total picture and decide on a level of assessment that we feel is reasonable to propose to the community. We will immediately be able to drop out the programs that do not make the cut. It is a quantitative way of approaching it, but I think that we can have this done prior to our next Board meeting and I will be able to present that to you. Mr. Carroll asked, "The next Board Meeting being December 17t~"? Mr. Sutphin replied, "1 would like to get it done by December 17th, which would require you as individual Board members when you get a fax from Mrs. Smith, to please do your rank ordering and get it back to her so that she can do the collating and get it back to the Sub- committee". BUDGET PLANNING - STEP I - MISSION AND OBJECTIVES Mr. Sutphin stated, "As Mr. Carroll mentioned, "1 submitted in summary form, our Mission Objectives and first cut ten-year Capital Budget to Mr. Trecker of the Pelican Bay Foundation". I wish he had gone into it ever so slightly differently. I was hoping to get a buy into the concept rather than a critique of individual programs. I see in the feedback that I received from the Foundation, significant favorable comments on most of the projects and I take that as a buy-in to the concept. In fact, it was kind of interesting that one of the Foundation Board Members thought that our mission to be a "Top tier community in Florida" was not strong enough. That member felt that we should be "The premiere community in Florida" and I think that is where we started a few months ago and backed off of that position. I am not proposing to change our Mission Statement, 5428 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 ! but it certainly indicates to me that there is a feeling on the Foundation Board that we are on the same track, which I think is a big positive. Mr. Sutphin continued, "That is where we stand at this point and I will have a much more detailed report for you at the December 17th meeting". The next Budget Sub-committee Meeting is scheduled for December 10th from 1:00-3:00 P.M. I understand that we lose the use of the room at 3:00 P.M. so we have a built in time constraint in that the meeting will not last longer than 2 hours. Mr. Roellig asked, "When we do the rank order and there is an item you don't like, you don't have to make it number 5, do you just say eliminate it"? Mr. Sutphin replied, "Don't put a numerical ranking on it". Mr. Carroll stated, "1 noticed when Mr. Trecker set this up, that there might be five or six different things on the road system and if you didn't hike one of them could you scratch it out".'? Mr. Sutphin stated, "1 will try to get you to rank them individually". It is my intention that two items are not subject to rank order. Those are beach renourishment and mangrove restoration, which we all agree are inviolate and in our Capital Budget regardless of what else is there. Mr. Roellig asked, "On the road widening, are we going to narrow the median"? Mr. Werner stated, "1 took the Wish List to be a little different". Remember we had the bike lane issue and I didn't think it was financially feasible, but just a Wish List. I had not idea how we would do it. Mr. Roellig stated, "1 would like to have a wider road". Mr. Sutphin stated, "It gets back to something Mr. Ward said about who owns the roadways". There are things in there that we have not explored the legal problems associated with them. As an example, if we wanted to put paver block crosswalks at all major intersections, the County owns the roads and I have not gotten into the discussion of how practical it would be to start messing with County roadways as part of one of our Capital Projects. I think we are a ways away form getting into the level of detail. There are risks associated with all of these that have not yet been answered. 5429 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 Mr. Roellig stated, "It is hard to rank to that, is my only point". Mr. Sutphin stated, "One item that Dr. Carter brought up in my phone conversation that I had not even thought of was that if you could gate Pelican Bay, it is highly likely that the County would want to be reimbursed for their roadway investment because they paid for it". If you are going to privatize the roadways, then you have that issue to deal with. Mr. Carroll stated, "Mr. Ward you may know, but I thought there was a provision that allowed you to take over the roads without compensation to the County". If the County owns Pelican Bay Boulevard and we want it, can we take it over? Mr. Ward asked, '~/Vho is '~Ne", the Foundation? Mr. Carroll replied, "Yes, the Foundation or the Services Division". Mr. Ward replied, "To vacate a road right-of-way in this State is a complicated process, but you could actually transfer it to the Foundation without compensation in this instance with the correct findings". I am thinking through the legal process, but I don't see a major issue. It is not like you are going to close the roads; it is just another form of ownership of the same road system. It is not easy, but I think it could be accomplished. Mr. Sutphin stated, "That is something that Dr. Carter mentioned to me during our conversation and I thought it was interesting". CLAM BAY SUB-COMMITTEE Mr. Carroll stated, "1 attended a Blue Ribbon Committee Meeting at the City of Naples, run by Vice Mayor Gallenberg". There were approximately fifty people in attendance and the problems with the staff proposal for funding beach access and renourishment was discussed. There was unanimous consent that the Coastal Advisory and TDC Program was superior and at that time we did not know what staff was coming up with. Since then, there has been a new plan come out of the County, which was supposed to go before the County Commission yesterday, but it was deferred until a Public Workshop next week. The Workshop is between the County Commission and the Tourist Develop Council. The plan that staff has come up with in many respects draws very heavily from the Coastal Advisory and TDC proposal. The only major change is that they want to institute a diversion of funds to various categories. They want to take 5430 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 16,1 1 $6,000,000-$7,000,000 a year for beach activities and put $2,000,000 into beach access. This is not too bad because we spend approximately that each year now. They want to take between $1,000,000-$2,000,000 a year and put that into a catastrophe reserve and $1,000,000- $2,000,000 into a reserve for future renourishment. I don't think that is a very good plan and there has been quite a bit of discussion on that issue and is one of the reasons it was pulled from the County agenda. I expect that TDC will make a strong pitch for getting rid of some of the earmarking. Just as a general policy, if you have a stream of tax money, ear marking it to various funds is a bad idea. In theory you could end up with $20,000,000 in catastrophe funds, $20,000,000 for beach renourishment in the future and that would be very attractive to people to take. If we do a beach renourishment in 2005 or 2006, the next renourishment would not be until 2015. It is premature to start setting money aside for that without knowing how this upcoming renourishment is going to come out. Mr. Roellig stated, "1 am somewhat optimistic of where they are going on this issue and I think the City of Naples and Marco Island can live with the policy that is coming up". I think there is some heartburn over the earmarking of funds, but that can be worked out. The main thing is to keep the funding in place with renourishment scheduled for November 2004. Mr. Carroll stated, "That is a more optimistic report than you had the last time". Mr. Roellig replied, ''The change in the staff's position of saying the renourishment is the first priority and access being second is a change in what they had before". It is something we will continue to work on to see where we go. This is one of the issues that seem to pop up from County staff with no public discussion or public meetings. These come out of staff's back pocket and they throw them at the County Commission with no public input. The Blue Ribbon Committee will be held in abeyance for a while, but since I don't have a problem communicating with Mr. Pennington we will try to keep in touch to see where we are going. Mr. Staros stated, "1 am thrilled that more money would be going into beach renourishment, however, I think that the amount of money that is being held aside for future disaster is no where near the amount of money necessary for a future catastrophe". If we were to get a direct hit, the price tag could be anywhere from $25,000,000-$75,000,000. The number I 5431 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 16! keep hearing on the North Carolina issue is $100,000,000. You may recall that three days after September 11th, there was a named tropical storm that crossed the west coast of Cuba, that was 100 miles offshore with highest wind speed at 65 miles per hour and we lost our beach. That was a little storm approximately 100 miles off shore, going parallel to the State of Florida and eventually hitting in north Florida and we lost so much sand that the actual tide was underneath the Gumbo Limbo Restaurant. Imagine what a 150-175 mile per hour direct hit would be. There would be beach sand in Tiburon. I am all for the tax and not increasing it; I think it should go primarily for beach renourishment and I think the balance should go for trying to fund advertising for bringing people here during the off season to keep the tax base coming. Mr. Carroll asked, "You don't want any funds going to beach access"? Mr. Staros replied, "None". I am speaking as citizen, but I don't think it is right. Mr. Domenie asked, 'q'he Vanderbilt Garage was approved, but I understand funding for it does not exist, is that correct"? Mr. Staros replied, "1 cannot answer that". I have heard all sorts of different things, but I don't know the facts so I don't want to speculate. Mr. Roellig stated, "1 have never discussed that much with this Board because it is a lot of detail". The problem is that there are a lot of projects that have money earmarked for them, but I understand for the parking garage they are planning on bonding it and taking $500,000 a year from the TDC to pay for the bonds. Because there are so many projects out there that have not been started because of permit problems, etc. there is approximately $10,000,000 encumbered that we can't exactly get our hand on. I believe if we had a storm I think the County would quickly throw some of those projects overboard and grab that $10,000,000, rather than have it tied up in places like Lake Trafford. Mr. Staros stated, 'q'he museum gets $750,000 each year and what does that have to do with beach renourishment"? I like museums, but how does tl~at even tie into the funding of bed tax? We have not had a guest go to the museum yet. 5432 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 16,i 1 Mr. Sutphin stated, "A couple of meetings ago Mr. Staros pointed out to the Board that you had personally counted the parking spaces at Wiggins State Park and there were 365 spaces and that you were going to follow that up with Commissioner Halas". Mr. Staros replied, "1 have written letters and I will be happy to bring my letters and responses to this meeting". They were very favorable responses about trying to work with the State of Florida to see if we could co-sponsor additional parking at that State Park. There were several letters that had gone out to the State, as well, and I don't know if those were prompted by my letter or not. Mr. Carroll asked, '~/ho has the initiative on this issue"? Mr. Staros replied, "As I would perceive it, it appears that Mr. Dunnuck is the head person". He was very favorable of my letters to the Commissioner as a citizen and not as a Board Member, stating that I thought that park was underutilized as a mile of beach with only 365 parking spaces, with no condominiums or homes. What an ideal place to put additional parking. ANNUAL REPORT PRESENTATION Mr. Roellig stated, 'q'he annual Report will be on our agenda for the December 17th Meeting". Mr. Ward stated, "We were trying for that but we are having some problems with the consulting team". Now it is going to be more towards the end of January at this point. Mr. Roellig stated, "1 presume the Reports are done". Mr. Ward replied, "yes". Mr. Roellig asked, "Will those Reports be disseminated before the end of the year"? Mr. Ward replied, "Sure, we can do that". Mr. Roellig stated, '~Nhile I think it is important for the community to get the verbal presentation, we are all waiting with bated breath to see exactly how we turned out this year". This is our report card and we would like to have it. Our peol~le on the Board are familiar with it and can get a lot out of it, even without a formal presentation. Mr. Ward stated, "We will distribute the Reports before the end of the calendar year". 5433 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 Mr. Roellig stated, "The Mangrove Action Group's annual Meeting is January 15th and we definitely want to have the Report in hand prior to that meeting". CLAM PASS INTERIM MONITORING Mr. Roellig stated, '~A/e have received the Report on the erosion problem near the gift shop at the south beach". The pictures represent aerials that were taken at the end of October and what is happening is a natural process. Mr. Brett Moore - Humiston & Moore Engineers -''That is a real good photo to look at and is a report card on how the inlet itself is functioning". We had a period of time with strong winds and waves from the south pushing sand along the beach and a spit of sand is growing from the south to the north. That was pushing the channel to the north, which created a long channel and the longer the channel gets the more inefficient it gets. If you go out there today it is pretty much holding to that channel location where it did breach through. That is also a function of removing a lot of that interior shoal material and allowing more water to get into and out of that system. Back in the 1990's when the inlet kept shutting, there was such a clog that there was not enough water force to come back through to correct itself. This is a good indication of how this system is behaving. The Report also has cross-sections that show that the channel sections are holding their shape. Basically looking at the area that is eroded on the north side, we estimate approximately 1,500 cubic yards of material has been lost in that location. There is a build up of shoal just inside the inlet of approximately 2,000 cubic yards, but it doesn't appear that this situation' has gotten any worse. Since these photos have been taken it appears to be getting a little better. Mr. Moore stated, "One thing I had suggested in talking with Mr. Lukasz was that we do have, through the master permit for maintenance dredging, the opportunity to create permit drawings out of these exhibits and present them to the State, the Corps and the County. This would be to suggest to them that if we needed to do any emergency or quick dredging should this erosion happen again that it is within that scope of the overall project. Mr. Werner asked, '~/hat would that cost"? 5434 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 1 Mr. Moore stated, "1 had suggested a budget of $5,000 to Mr. Lukasz". That would allow us to submit and then follow up with a meeting if we would need to. Mr. Carroll asked, "What is your prediction on the area that has been washing out, refilling naturally"? Mr. Moore replied, "1 think that will refill naturally". Those stumps will eventually cover up. Mr. Carroll asked, "Eventually being"? Mr. Moore replied, "If you look over an annual cycle, by the summer it should have refilled". This is not a wide inlet and the meandering is very easily influenced by the direction of the wind and waves and is why it can take a quick turn like this. Mr. Carroll stated, '`The Foundation is concerned about some of the underpinnings under their building". Mr. Kinney, were you going to get some permits to repair that area? Mr. Kinney replied, "The Foundation Board has authorized me to start a permitting process to do some shoring up". We are working with Mr. Moore to come up with the program. The process takes approximately one year and we thought we would start that process in anticipation of this getting worse, so that we can try to get ahead of the game. Mr. Carroll stated, "If it has gotten better and the sand moved back, would that improve your situation or make it unnecessary to move ahead"? Mr. Kinney replied, "1 think I would recommend to my Board that can happen three years from now, so let's spend the money to have that permit and not be concerned if that erosion occurs again". Mr. Roellig stated, ''The last page of the Report shows a photo that was taken a month ago and shows a large block of sand south of the channel". Hopefully that channel will pinch off and the whole thing would migrate on shore. If there is an aesthetic problem, there is a lot of sand that has gone up into the inner portion that has not been there before and some of that sand could be moved out if you wanted to cover the stumps. This i~, a natural phenomenon in an inlet with no structures and moves back and forth depending upon the predominance of storms. To know if that is going to happen, you have to know what the weather is going to be over the next six months and we don't even know if it is going to rain tomorrow. It is a question that you cannot 5435 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 answer, but I would say there is a very high probability that it will go back to what it was some time ago. We are used to more sand there than we have had in the past. Mr. Werner asked, "Does it make sense to authorize Humiston & Moore to do the drawings and begin the process in case we do have to take action"? Mr. Roellig replied, "Yes". IIMr. Roellig moved seconded by Mr. Werner and approved I1 I unanimously to have Humiston & Moore proceed with the i I drawings necessary for submission to the State, the Corps ! L and the County". ADMINISTRATOR'S OVERVIEW RED FLAG/GREEN FLAGS Mr. Ward stated, "As most of you know there was a tremendous seaweed and algae problem and we have spent approximately $7,000 on that problem over the past two weeks". I suspect that more money will be spent on that problem before it is over and will have a significant affect on your Operating Budget for the current Fiscal Year. Mr. Roellig stated, ~1 believe the County got rid of one of their beach rakes; are we using any of their rakes at all and are they available to us"? Mr. Ward replied, "They are not available". The County has had problems elsewhere in the County where those rakes have had to be used. We are on our own. In that regard, I don't know if anyone from Bay Colony is here, but i want to thank the Bay Colony Community Association in assisting us by providing access so that we could get that material off of the beach and disposed of properly. We could not get it past the Ritz Carlton, but the Association was kind enough to provide access through their facility and we do appreciate that. U.S. 41 MEDIAN LANDSCAPING Mr. Ward stated, "The U.S. 41 Median Landscaping Contract is essentially completed at this time". It appears that it came out relatively well and withih the constraints of the budget that we had presented to you. GULF PARK DRIVE IRRIGATION AND LANDSCAPE IMPROVEMENTS 5436 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 1 Mr. Ward stated, "The Gulf Park Drive Landscaping and Irrigation Improvements are currently underway through the bidding process and we should be ready to start in March or April of next year". COMMUNITY ISSUES CANNES IN PELICAN Mr. Ward stated, "This was discussed earlier, but to reiterate that point, the County at this point has indicated to us that they are not going to look at any reviews that we do for this particular project and at this point the developer's engineer has indicated that they are not going to submit the plans to us for review". We have a set of something in our office, which we have not looked at because they do not meet the minimum criteria. We will try to work with the County and the developer's engineer in getting those plans for review. I am not hopeful at this point. SIDEWALK OVERLAYS AND REPAIRS Mr. Ward reported, "We are still waiting for Transportation and I will ask Mr. Carroll if he will include that in his meeting with Mr. Ochs". We have been at least nine months on this issue with Transportation and can't seem to get them to finish this work. Maybe Mr. Carroll can prod a little, since my prodding doesn't seem to work any more. EASEMENT ENCROACHMENT Mr. Ward explained, ''We have had a request from a resident at 703 Bobwhite Lane for vacation of an easement". Throughout Pelican Bay in some of the single-family home sites, there are easements running either down the side of the lot lines or on the back of lot lines for access, drainage or utilities. These easements are usually placed there at the time the plats are prepared, in anticipation that a utility company may need them for use, during construction of the subdivision. The individual who lives at this site has one of those ten-foot utility easements on the back of his lot. For reasons that they intend to build something within that easement, have requested a Letter of No Objection to the vacation of the utility.easement. In this business, since it is a platted utility easement, it is required to go through the County Commission and the Commission is the body that vacates those platted easements of record. They require a letter from the utility companies indicating that company does not object to the vacation of that particular easement. The owner of site 52/A Pelican Bay Unit One has requested that we issue 5437 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 1 a Letter of No Objection to the County for the vacation of that utility easement. We have reviewed it from the staff perspective and we have no utilities in the easement or no need for the easement area, so our recommendation is to provide to the County a Letter of No Objection to the vacation of that easement. IIMr. Werner moved seconded by Mr. Sutphin and approved ~ I unanimously to proceed with a Letter of No Objection to the ! I vacation of the utility easement fir site 52/A Pelican Bay Unit I One. COMMITTEE REQUESTS Mr. Werner stated, "At the last meeting we were talking about fertilizer and pesticide use in conjunction with the Green House Service that is being proposed by Turrell & Associates". Mr. Domenie had asked a question about what the golf course does and I talked with the Head Greenskeeper for the golf course. They would be very interested in coming before our Board and making a presentation to both the Clam Bay Sub-committee and to the full Board. They are very proactive in addressing those issues. At some future meeting I would like to have them scheduled as a guest. Mr. Werner continued, "1 guess this is the reason for the relationship that the Foundation has with Mr. Carter, but we just keep getting blind sided, whether it is Crayton Road, Cap d'Antibes or beach access". I don't know why, but the County staff has a pretty poor perception of Pelican Bay and they are not interested in providing this information. I don't know how we do it, but maybe we should spend some money to make sure that we know ahead of time what is going on. Mr. Carroll stated, "1 agree, I think we keep getting blind sided". That is why I wrote my Memorandum and I could have added more items. Maybe we are oversensitive and others feel the same way, but to me it doesn't feel very good. Mr. Roellig stated, 'q'hat is pretty much county-wide". The County staff has proposed selling Everglades City airport and getting rid of the Immokalee Airport with no advanced notice to the community. I think that is just their method of operation and needs to be addressed by the 5438 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 management of Collier County. I have never seen things operate like this anywhere else. It seems to be worse. Mr. Carroll stated, 'q'he number per month seems to be going up". I don't know if that is a policy decision or they are just working harder. It is bothersome to me. Mr. Nordhoff asked, "Mr. Ward, in your opinion, has it gotten worse"? Mr. Ward replied, "No, it has not gotten worse and is probably about the same as what it was when I got into this business". It is pretty normal and Mr. Harrell said it perfectly when he said Commissioners are political bodies and they deal with the realities of life and staff are there to do something besides deal with politicians and they do what they think is best in their individual minds and be damned what other members of the community think of the issues before you. Those are treacherous waters and those like Mr. Varnadoe and others that can walk through them, make a good living at it. It is a difficult subject and takes constant attention. Most people do have legislative consultants in some form, whether in-house or on a consulting basis, to deal in this issue because you have to be in tune constantly with staff and your Commissioners as to what is going on. It is not unusual to go through what you are going through. Mr. Sutphin asked, "Mr. Ward, is it practical in the Collier County system of government"? At some level staff reports to an elected official, is that correct"? Mr. Ward replied, "No, the only people who report to the elected officials are the County Manager and County Attorney". 'Mr. Sutphin asked, "Do all of the staff people end up reporting to the County Manager"? Mr. Ward replied, "They do". Mr. Sutphin stated, "It would therefore be logical that if enough political pressure was applied, that the County Manager said part of your job is keeping the Pelican Bay Services Division Board informed as to what is going in their District, is it not practical to do that? Mr. Ward replied, "1 would not think that would be a pr~,ctical solution". Mr. Sutphin asked, "Do they not respond to direction from their boss"? Mr. Ward replied, "The do respond to direction, but I think the Commissioners have a broader County issue to deal with and it is not only a Pelican Bay Services Division Board, it is 5439 PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 161 I the Immokalee and Golden Gate Board also". Countywide you have a constituency of 250,000 people and you have five people trying to deal with that population and hundreds of groups and trying to give that direction from the top down would be literally impossible to do on a day-to-day basis. That is why it works the other direction, where lobbyists are there to stay in tune with that, so they run that ball through the hoops with the County staff or Commissioners. Mr. Harrell stated, "It is very important that we stay in touch with these people and understand what they are doing". You are doing a great job in meeting with Commissioner Hala$. Understanding what is going on is the best way because they are not going to divvy out the information and there is very little criticism for it. The County staff is not being criticized for the approval of Cap d'Antibes; Commissioner Halas is going to have to dig this one out, if there is a solution. Commissioner Halas is absolutely committed to figure out some way to make this issue disappear. He is going to have to clean up what staff did and that happens a lot of times. Mr. Carroll stated, "Twice a month I start to lose my cool and I call Mr. Ward who calms me down". It feels to me that there is more, but if he says no, I guess there aren't. Mr. Domenie asked, "Didn't the Foundation actually enter into a contract with Dr. Carter as a lobbyist"? Mr. Ward replied, "Correct". Mr. Domenie stated, "From Dr. Carter, we should be able to get some of the feedback that we are looking for, through the Foundation". ~Mr. Carroll replied, '~/Ve are not sure how much we can access Dr. Carter". He is a former Commissioner and there are certain constraints on what he can do for a period of time. I assume Dr. Carter would tell us that if we asked. I think we should access his service when we need to. Mr. Sutphin indicted that he had called him with regard to gating the community. Mr. Sutphin stated, "That was before he signed the contract, so presumably that was free". OAKMONT LAKE BANK Mr. Werner asked for the status on the Oakmont Lake Bank. 544O PELICAN BAY SERVICES DIVISION BOARD December 3, 2003 Mr. Ward stated, "With any luck at all, at your January Meeting we will have three sets of concept plans for you to review". Mr. Spanier asked, "Is there a reason why the path lights around the lake never shut off during the day"? Mr. Lukasz stated, 'q'hey are on a photo cell". Mr. Ward stated, "We will check that". ROADWAY MARKINGS Mr. Harrell stated, "As I drive through Pelican Bay, especially on Pelican Bay Boulevard, it seems as if the traffic stripes are very faded to the point that they are invisible". The crosswalks are good because of recent renovations. Is there a plan to get the striping redone? It is the little details like that that make our communities look better. Mr. Ward replied, "1 don't know what Transportation's plans are, but generally they are done every seven years or so". I will check with Transportation and find out what the plans are. Mrs. Kay Potter - Mangrove Action Group - ~1 would like to invite each of your to our Annual Mangrove Meeting which will be on January 15, 2004 from 1:00-3:00 here in this facility. I do hope this does not conflict with Mr. Harrell's meeting. NEXT MEETING Mr. Carroll announced that the next meeting of the Pelican Bay Services Division Board would be held on December 17th at 3:00 P.M. I decided that five weeks was too long between meetings, so I suggested this additional meeting. ADJOURN There being no further business, the meeting adjourned at 5:25 P.M. James Carroll, Chairman .5441 o'~ r-- t,l) '~0 ~= 0o- 161 1 §§§§§§§§§§§§§§§§u 0 I 161 1 o~ 0 ~ 161 1 0 0 161 1 Ill! 161 1 MINUTES BUDGET SUB-COMMITTEE December 10, 2003 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, December 10, 2003 at 1:00. P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. David Nordhoff Mr. Edward Staros (Absent) ALSO PRESENT: Three (3) Pelican Bay Advisory Board members; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward. Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 2. 3. 4. 6. 7. 8. Roll Call Approval of Minutes of the November 13, 2003 Meeting Public Participation Review of Capital Projects in the current ten-year plan Subdivide programs into specific elements for consideration Develop rank ordering methodology Approve plan for gathering and collating information from Board Members Review Landscaping/Water Management outsourcing analysis Review plan for office relocation Committee Requests Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Edward Staros with an excused absence. APPROVAL OF MINUTES OF THE NOVEMBER 13~ 2003 MEETING Mr. Nordhoff moved, second by Mr. laizzo and approved unanimously, the Minutes of the November 13, 2003 Budget Sub-committee Meeting. PUBLIC PARTICIPATION There were no comments from the public. REVIEW OF CAPITAL PROJECTS IN THE CURRENT TEN-YEAR PLAN SUBDIVIDE PROGRAMS INTO SPECIFIC ELEMENTS FOR CONSIDERATION DEVELOP RANK ORDERING METHODOLOGY APPROVE PLAN FOR GATHERING AND COLLATING INFORMATION FROM BOARD MEMBERS 115 Budget Sub-committee December 10, 2003 Mr. Sutphin stated, "What I have done is to prepare a form for distribution to each member of the Pelican Bay Services Division Board asking them to apply their ranking to individual programs". In a few cases, projects have been broken out so that we can come up with a rank ordering for capital spending at the next Board Meeting, which I hope represents a consensus of the eleven (11) members of the Board. What I have asked people to do is to rank the programs in the following manner. You have four choices, a rank of "3" would mean that it is essential or highly desirable to support the Mission and Objectives and should definitely be included. A ranking of "2" would indicate that it supports the Mission and Objectives and should be included if funds are available. A ranking of "1" is compatible with the Mission and Objectives, should be considered discretionary and could be eliminated if funding needs to be constrained. A ranking of "0" would mean not compatible with the Mission and Objectives and should not be included. It is sort of multiple choice where each Board Member has their own opinion of the importance, or lack thereof, of various programs and sub-elements of those programs. My intent is to have Mrs. Smith distribute the ranking sheet immediately after this meeting today, along with any changes that the Sub-committee chooses to make in the methodology. I have asked each individual Board Member to return it to Mrs. Smith by December 20th and prior to our meeting on January 7th we should have, as part of your Board Package, the collation of all of those individual inputs. Mr. Sutphin Continued, "Mr. Ward, what I would like to produce is a first cut of the budget, with the expense at the top and a resulting assessment from that and then in descending order of ranking, highest to lowest, a cumulative assessment as various programs get included. That should allow the Board at this stage in the process to, as an example, if we do all of the programs it is going to take the assessment level from approximately $400.00 per year to $800.00 a year and if the Board does not feel they want to go that far and that they only want to go to $600.00, it becomes a simple mathematical exercise to lop off the programs that have the least support from the Board. That then becomes the budget. It is a fairly simplistic arithmetic way to get at it. Mr. Nordhoff asked, '~Nhen you talk of lopping off a program or even before that when we talk about evaluating a program, can a portion of this cost be considered for a lesser inclusion of 116 Budget Sub-committee December 10, 2003 a program"? Could round-a-bouts be for $500,000, instead of $1,000,000 or are we just looking at this as $1,000,000 or nothing? Mr. Sutphin replied, "Maybe we should have done this without numbers, but I believe you either like round-a-bouts or you don't". Go back to the Mission to keep Pelican Bay a "top tier" community. Will round-a-bouts contribute significantly to that? In your mind, is that more important than replacing the streetlights with the latest technology at some point in time and let's say the cost would be the same? That is the kind of ranking I am looking for. If you had $2,000,000 to spend, would you spend it on round-a-bouts or would you spend it on streetlights, fancier landscaping or beautifying the swamp next to the berm? Mr. Nordhoff replied, 'q'hat may work for this initial ranking, but how would that rank if we wanted to reduce the cost"? At that point you are looking at reducing all of it or none of it. Mr. Sutphin replied, "1 don't think so". That is the next stage of the process. In other words, I am trying to get a feel for how the Board views these projects individually. Sitting at home, I am now going to take a look at this, I really like this project, but I am not so wild about this one and in my mind this one does not really support the mission at all and I am going to give it a Mr. laizzo stated, "It is a matter of selection and getting the pulse of the community". That is the issue that is going to drive all of the programs that have been laid out. It is the pulse of the community and we should not forget that. Mr. Sutphin asked, "Mr. Carroll, if you would, could you relate your experience at the Marbella as a test case"? Mr. Carroll stated, "1 was invited to the Marbella to provide a talk on the Pelican Bay Services Division". I was erroneously introduced as the Mayor of Pelican Bay. I decided to not spend much of my time talking to them about what we, the Foundation and the County do. I explained that their group was somewhat of a guinea pig for the first public discussion about our 'M/ish List" and about the key items that we were thinking about. I started off by talking about "top tier" and the thought that we are not ''top tier", but losing a little ground. I took them through addressing ''top tier" and the costs and came out with the figure of $400.00. I went through each 117 Budget Sub-committee December 10, 2003 16! I of the Wish List items that we have talked about and then I opened the meeting for questions. I told them they needed to focus on whether they wanted to be "top tier". There was no question from this group that they wanted to be "top tier". When I asked them to address the money situation, I roughed out the calculation and several of them said that was just an investment and why would we not want to do that? In other words, they were very supportive. My overall reaction was quite positive and I could not get any negatives out of them on any of the four items that I had addressed. There were some examples of other places. One gentleman owned two houses in the Vineyards and believes their entranceways and roadways are far superior to those in Pelican Bay. Not everyone in the room agreed with him, but that was a good point regarding whether we are slipping a little. I felt it was a worthwhile encounter. This was an elderly group, but very positive. Mr. laizzo asked, "How many were in the audience"? Mr. Carroll replied, "Approximately 35". Mr. laizzo asked, "Were the topics you discussed, the ''Wish List" that we had put together"? Mr. Carroll replied, "Yes". I prefaced it by talking on the topic of "top tier". I used a lead in to those items by discussing '`top tier" and that we were slipping and I used the rough estimate of $300.00-$400.00. I then went to each of these four items and asked specifically about improving the road system, the entrances, etc. Mr. laizzo asked, "Did anyone ask you to define "top tier"? Mr. Carroll replied, "No, their general reaction was we are "top tier" and if we are slipping we had better do something about it. 1 could not get anybody throwing things at me. Mr. Sutphin stated, "Mr. laizzo, you were not in attendance at our last Board Meeting, but I reported back on the feedback that Mr. Carroll had gotten from the Pelican Bay Foundation Board on this concept". Basically, it was favorable. I thought it was interesting that one of their comments was that "Top tier" was not strong enough and it should be "premier". I think that is where we started and then toned it down to "top tier". In general, the key is going to be to demonstrate graphically and visually that we are in fact losing ground to other communities. I 118 Budget Sub-committee December 10, 2003 have had some discussion with Mr. Ward about a marketing presentation, which t assume would include visuals of Pelican Bay landscaping versus communities A, B, C and D landscaping and entranceways there versus entranceways here that hopefully proves the point. If it is not true, we should not be doing this. I happen to think that it is true. Mr. Ward replied, "It is". Mr. Nordhoff stated, "A picture is worth a thousand words and to show other communities and Pelican Bay in a comparable scenario would be a very strong marketing tool". Mr. Sutphin stated, "What I have suggested to Mr. Ward is that we try to come up with a presentation that can be done in either a fifteen minute version to suit one purpose, or a forty-five minute version complete with numbers, assessment rates and all of the detail that goes into a formal presentation, if you have an audience that you feel is going to sit still and comprehend that level of detail". Mr. laizzo asked, ''What is the possible tax increase as a result of this "top tier" motion we are going to strive for"? How is that going to affect our taxes? Right now we have $4,000,000,000 in taxable real estate in Pelican Bay and where is that going to bring us in ten years? Mr. Ward replied, "You have essentially $23,000,000 in programs in your plan and $3,500,000-$4,000,000 is mandatory that you can't get rid of". You are looking at affecting your property values at less than 1%, as a result of implementation of these programs. If you move to a ''top tier" community, you are conservatively going to positively affect your property values by 10% plus. In most instances I am seeing probably 30%. I don't look at taxable value because it is a fake number. What a buyer is willing to pay for your property is what is important. You should be able to affect a minimum of 10% and as high as 30%. Mr. Sutphin stated, "That affects current property owners in two different ways". If they are Homestead properties, it does not affect them at all because the Save Our Homes Act caps the properties. Seasonal residents, who do not homestead, are going to pay higher taxes and conversely their investment is going to be worth a lot more. The person that lives here on a fixed 119 Budget Sub-committee December 10, 2003 income is not going to suffer higher real estate taxes because of these enhancements, but he will pay higher assessments to pay for them. Mr. laizzo stated, '`That should be made clear when we send out the information to the community". Mr. Sutphin stated, "1 have run across a lot of people who live in Florida that do not understand the Save Our Homes Act and how it protects them against inflation in property values". I guess it could be part of our presentation. If you are Homesteaded, you are protected. Mr. Nordhoff stated, "1 have run into people who have not Homesteaded their property, just for emotional reasons and their attachments to "back home" and I don't know how you change that". Not that we are going to try to change that. Mr. Sutphin replied, "That is an expensive attachment". Are there any comments on the ranking? I don't know of another way to get to the next step. Mr. Burke asked, "Can a Board Member give them all a "3"? Mr. Sutphin replied, "Yes, a Board Member can give them all "3's" or if you do not buy into the concept that we are falling behind, you can give them all "O's". We may have members that feel that way and I don't think that the vote to approve the Mission was unanimous. I want to see the consensus of the Board, as individuals, and then move on to the next step. Mr. Carroll asked, "How selective is your list"? In other words, improving the entire road system is very broad. Mr. Sutphin stated, "This is pretty conceptual at this point and could have been three pages in that these programs have not been put out to bid nor have specifications been written". Mr. Nordhoff asked, ''The mandatory items are mandatory, but the dollars are not mandatory, is that right"? Mr. Sutphin replied, "In terms of the carryover, that is mandatory". I think the $1,700,000 for beach renourishment is a pretty hard number and that is mandatory unless we want to let the beach go". The mangroves were originally all mandatory and I assume that there are parts of the mangrove restoration that are discretionary and I arbitrarily split it. 120 Budget Sub-committee December 10, 2003 Mr. Carroll stated, "In my discussion yesterday, I did not include beach renourishment or mangrove restoration, but I put in a footnote that said that they are two very high priority items, but that they are really not discretionary". We are going to renourish our beach and take care of our mangroves, so I am not even asking whether they think we ought to do that or not. I am saying that is a "done deal" and is the way I approached that yesterday. Mr. Sutphin stated, "1 totally support that". I would not dream of not funding beach renourishment or mangrove restoration, but there is an infinite number of ways to spend money on those mangroves if we gave someone an open checkbook. Mr. Carroll stated, "One of the things that I felt resulted in a little faulty information from the Foundation Board was that Mr. Trecker asked them to select their top three, not the whole group". Almost everyone selected beach renourishment and mangrove restoration as numbers 1 and 2. We didn't get a reading on the other items, the way we are trying to do it here. We have to figure ways to not allow people to automatically take their top votes and put them towards programs we are going to do anyway. Mr. Sutphin stated, "1 had asked Mr. Hall from Turrelt and Associates to join us at this meeting and I don't know if he is going to be here or not". He was giving a deposition and he thought he might be a little late. The reason I asked him to stop in is that he has some hard numbers on several options to do something with the former cattail area. Mr. Ward replied, "Yes, he does". Mr. Sutphin stated, "1 think they are in the ballpark of what we have in this budget". Mr. Ward stated, 'q'hat is part of the Annual Report and is not supposed to be made public yet". Mr. Sutphin stated, 'q'here is an area in here that continues to nag me as perhaps being under-funded and that is the beach renourishment". It gets back to a question of can we in fact talk only about the 4,000 lineal feet of beach that we currently have permits in the works for? Mr. Lukasz stated, "It has been the consultants recommendation that there be no beach renourishment south of that point and closer to Clam Pass because of the possibility of sand going into the pass". 121 Budget Sub-committee December 10, 2003 Mr. Ward stated, "1 am not sure that was Mr. Sutphin's question". Mr. Sutphin stated, "There is $1,700,000 included for total funds to be spent for beach renourishment over a ten year period". That just doesn't sound like enough. Mr. Ward replied, "In the context of beach renourishment, it probably is enough in this instance because you are not renourishing the entire three mile stretch of beach". You are only renourishing pieces of the three-mile stretch. Nothing is to be renourished south of Clam Pass and only north of Clam Pass to the extent that you do not have sand shifting into Clam Pass to exacerbate that closing. You're right, we could spend a lot more money on beach renourishment from the Ritz Carlton to Clam Pass, but that would literally entail the construction of groins out from Clam Pass into the Gulf of Mexico in order to keep the sand on the north side of the pass itself. That really is getting into rather large dollars at that point. Mr. Sutphin asked, "Do you think we are safe in terms of beach renourishment"? Mr. Ward replied, "Yes". Mr. laizzo stated, 'q'his is a ten year project and something that should be done almost immediately are the brick crosswalks". Why isn't this going to be moved right up front? Mr. Ward replied, "One of the things that you eventually have to talk about, although these are long-term plans, is when you want to fund it, how you want to fund and what year is it going to be constructed in"? Some of the larger improvements of the $23,000,000 we want to do in the next three or five years to get to '~top tier", because you don't want to do this ten years out. You need to do this at the front end. At some point we will talk about how to gather the funds necessary to do this more at the earlier stage versus the latter stage. At the moment it is back funded and not forward funded. Mr. Sutphin stated, "1 feel we are approximately one month away from starting to address that". I reviewed the timetable that the Board conceptually approved for this three step planning process. We are nearing the end of the first step, which is to come up with a rough-cut Five-Year Plan and Ten-Year Capital Plan. Hopefully, at the January 7th meeting, the Board will approve a set of numbers. We will then proceed to come up with a more detailed Five-Year Plan and start time phasing these projects, based on the rank ordering. 122 Budget Sub-committee December 10, 2003 Mr. laizzo stated, '~/e should be looking at these projects at the next general meeting and moving ahead on some of them immediately". I don't think they have to fall into a plan that is down the road a number of years. To me, crosswalks are one of those issues. Crosswalks are very important and I feel they should be moved right out of the plan and voted on. Mr. Ward stated, "1 think Mr. Sutphin's point is really more important". Assume for our purposes, $23,000,000 worth of improvements, I don't care how you cut the mustard you are not going to get $1,000,000 next year to build crosswalks. You really have to look at all of these projects in the context of what you are really trying to do and that is to bring Pelican Bay into the ~top tier" of communities in Florida and you are probably going to have to phase most of these in during the next three years, which means you are going to have to do some financing arrangements in order to accomplish that. Alternatively, you are going to assess a lot more than $324.00 a unit in year one in order to gather the funds necessary to do this, because you are literally going to have to raise $23,000,000. Mr. laizzo stated, "1 also thought the County could be responsible for the crosswalks, more so than the community". Mr. Ward replied, "1 don't think they are going to do brick paver crosswalks in this community". Mr. laizzo stated, "Maybe we can share the cost with them". Mr. Ward replied, 'q'hat is a debate which you can have with the County". Mr. Sutphin stated, "1 think, addressing what Mr. laizzo is talking about, more likely if we are talking about a combination of round-a-bouts and paver crosswalks altering the structure of the existing roadways, that Division might want to take over the roadways from the County". Mr. Ward replied, "Especially in the areas where you do those kinds of improvements". Mr. Sutphin stated, "Until the Board approves a level of funding, which hopefully will be January 7th, I will be asking Mr. Ward to start laying this out from a do ability standpoint~'. How do we phase it and if funding is required, either in advance by assessing reserves or by borrowing, how do we go about it? That is a very next step. 123 Budget Sub-committee December 10, 2003 161 1 Mr. Carroll stated, "Of the $23,000,000, I have been assuming that some portion of that would have been budgeted and spent anyway even if our program never started". If some of that was going to be funded anyway, it might answer Mr. laizzo's question. Mr. Ward replied, '`The answer is less than 5% of this number is actually funded". Beach Restoration is currently not funded, traffic signage is currently not funded, your equipment maintenance is funded and the irrigation system is not funded. Of Clam Bay, we funded $250,000 in the current Fiscal Year. You have consistently funded more like 3% of this number on a yearly basis and is one of the problems that we currently have in this community. Mr. Sutphin stated, '~A/e have been under-funding the community". Mr. Ward replied, "Absolutely". Mr. laizzo stated, '¥Ve have been paying as we go". Mr. Ward replied, "Yes, it has been pay as you go and we allow the asset to deteriorate to the point that it is falling down before we get to the point of doing anything about it". Mr. Carroll stated, "You put money in the budget for upgrading Gulf Park Drive this year". Mr. Ward replied, "That came from existing reserves, but we have pretty much exhausted all of our Clam Bay Reserves, Capital Reserves and have pretty much exhausted our Operating Reserves at this point due to the fact that we have been using cash to keep the assessment levels down". This year is the first you have had a blip in your assessments because we are literally Out of cash at this point. Mr. Sutphin stated, '~JVe are at a crossroads here". Mr. Ward replied, "You are at a crossroads". We have kept this community together on a shoestring with an extremely tight budget over the last five years and you are starting to see it. Operationally, it is impossible to do things that are not in the budget, when in years past I had some lead way because I could move money out of reserves in order to get something done. It is becoming very difficult. Mr. Sutphin stated, "For many years we had WCI contributing significantly to the mangrove project". 124 Budget Sub-committee December 10, 2003 16!I 1 Mr. Ward replied, "Yes, we had a $1,000,000 contribution from WCI". We have blown through that contribution and are now funding it on a pay-as-you go basis, which is okay for what we are doing. A good example is the wash out that occurred on the north side of the pass recently. If that really was detrimental to Clam Bay, that is a $250,000 problem to fix and if we had to fix that and still needed the $250,000 in the current budget, there is no money to do both. We would have really been in a very difficult position this year if Humiston & Moore had come back and said it was an environmental problem that had to be dealt with. We are just not funded for it right now. REVIEW LANDSCAPINGIW ATER MANAGEMENT OUTSOURCING ANALYSIS Mr. Sutphin stated, ''The reason I am interested in dealing with the outsourcing right now is that it is not part of the long-term planning process we are engaged in". It is part of the Operating Budget Analysis for Fiscal Year 2005 and is the largest single chunk of money that we spend in operations. The latest analysis that Mr. Ward has done shows that if we were to outsource we would save $110,000 on a base of almost $2,200,000, or just over 5%. I am not diminishing the importance of $100,000. Mr. laizzo, at the last meeting you volunteered some time to get a better understanding of this whole area. Mr. laizzo stated, "In order to do that I attempted to call an outfit on the East Trail and he seemed to indicate that he was aware of Pelican Bay and had some early dealings in this community". I was going to bring him in and show him the kind of maintenance we need and I never got around to it. I felt that the numbers Mr. Ward presented, I need not worry about and was not a big concern. I let that slide at this point. Mr. Sutphin stated, "My recommendation to the Sub-committee is that Mr. Ward present this at the January ih Meeting". If the Board feels that the potential to save $100,000 warrants going through the exercise of requesting an RFP through County Purchasing because that is what needs to be done, we can go there. Mr. laizzo stated, ''There is a lot to be considered there". If you bring in another outfit, where do all of the trucks that we paid for go? Everything we paid for, although we don't own it, 125 Budget Sub-committee December 10, 2003 16/ 1 goes to the County. We have both feet in the quick sand and we just can't get out of this thing easily. Mr. Ward stated, 'When I took a look at this and saw that we were off $100,000 contract versus in-house on a $2,000,000 budget, that tells me that we do a good job on our in-house operation". I used costs that are consistent with what I am seeing in contracted operations in other projects I have in Collier and Lee County. If you get into the in-house service, the primary driver of the number happens to be the amount that the County charges us on a fixed basis for the services. We, operationally do an incredibly good job. To me it tells me that we are pretty much a break even on this whole program. Mr. laizzo stated, ''Thinking out loud I say to myself, I would love to hire the guys that we employ through the County and bring them on and let them work for Pelican Bay". They could be our employees, just like we have employees for the Foundation. I truly believe if we looked into that it would be a money saver. Mr. Ward replied, "If you are telling me that you think the Foundation can run this program better than we can and that's who "we" is...". Mr. laizzo replied, "No, I am not saying that". Mr. Ward stated, ''That is the only entity available in Pelican Bay that if you moved the County staff somewhere, the only place to put them is in the Foundation". Mr. Kinney has 120+ people to run a beach facility, some restaurants and tennis facilities. I have twenty-seven employees maintaining 3,000,000 square feet of landscaped area and 100 acres of lakes. I can assure you the efficiencies in this Division are substantially greater than what they ever thought of being in the Foundation. Mr. laizzo stated, "It would not be the Foundation per se". It would be two organizations of the Foundation, the amenities and the maintenance of the community. Any ideas on that, I would like to hear them? Mr. Burke asked, "Can the MSTBU hire its' own people"? Mr. Ward replied, "No". 126 161 1 Budget Sub-committee December 10, 2003 Mr. laizzo stated, ''The MSTBU is strictly a County function". If we wanted to run our own maintenance we would have to call it something other than the Services Division. Mr. Sutphin stated, "Or we can start a movement to become a City". Mr. laizzo replied, "No, not even near that at all". Mr. Sutphin stated, "I made the comment at the last Board Meeting that if we were going to outsource, then why not turn it over to the Foundation"? That did not meet with a whole lot of enthusiasm. I am very happy with the way things are run and the reason I asked for this exercise is to see whether a huge savings would pop up and it didn't. Mr. Nordhoff stated, "I don't think it is worth losing control". Control is an intangible, but for $100,000 we would be foolish to deal with a multitude of outsiders who mayor may not show up or live up to our expectations". Mr. Sutphin replied, "Exactly". The minute you put it out for RFP, all of Mr. Lukasz' employees get upset. Mr. Ward stated, ''They are bolting". Mr. Sutphin stated, ''The morale also goes way down". I don't see the reward here that would justify the risk. Let's present this at the January ih Board Meeting and hopefully it will not be an issue when we start putting together the Operating Budget. This is half of the Operating Budget. Mr. Nordhoff stated, "I heard Mr. Gallenberg, the City's Vice Mayor speak at a recent luncheon and he made the comment that Pelican Bay has initiated discussions about being annexed". Maybe it is unrelated to this subject, but if Pelican Bay became part of the City, then possibly the City would do the maintenance. Have we, as a Committee, heard anything along those lines? Mr. Carroll stated, "I have been told that the Pelican Bay Property Owners are meeting under the radar with some people in Naples, talking about annexation". Mr. Dave Trecker brought it to my attention about two weeks ago. He doesn't know what they are doing but wanted me to be alerted to it. Mr. Sutphin stated, "I would suspect that the next thing you might hear about it is to be asked to sign a petition". It would require a referendum, right? 127 Budget Sub-committee December 10, 2003 161 J Mr. Ward replied, "Yes". Mr. Carroll stated, "I asked Mr. Ward's opinion of this two weeks ago and he said you had better watch out because you would be trading one problem for another". The Naples City Council does not really turn me on when I read about what they do. I think what has kicked this off is the Crayton Road situation. I am sure that has irritated enough people, both in Pelican Bay and Naples, that they are asking what can we do about these guys who are constantly taking positions which are adverse to our community. I can understand that and I am just as annoyed as they are. Mr. Sutphin stated, "As a body I don't know how we would even begin to deal with it". If it became a reality we would go out of existence. Mr. Spanier stated, "One of the triggers that may be stirring this pot is that on December 17'h, the County Commission will reconsider a proposal to appoint a Charter Commission to restudy the organization of County governmenf'. There is a substantial group that has been working for two and one-half years to promote the extensive reorganization of County government and part of that reorganization is the substructure in the unincorporated areas of these special districts. If the Commission does not appoint a Charter Commission the collection of 15,000 signatures within a one- year period can force the issue and the State Legislative Delegation would then appoint the commission. We have to know much more on this issue of what the Pelican Bay Property Owners are doing and I am following this Charter Commission quite closely. Mr. Carroll stated, "Mr. Vlasho has taken some issue on this subject also". Mr. Sutphin asked, "Are these folks allowed to talk like this in a meeting"? Is that a Sunshine Law violation? Does anyone else have anything else to say in the budgeting process as it stands at this point? Mr. Sutphin asked, "Mr. Ward, in your opinion, if the Board approves this or something close to it in terms of capital spending, are we going to need to seriously consider debt financing"? Mr. Ward replied, "Yes". 128 .L bl 1 Budget Sub-committee December 10, 2003 Mr. laizzo stated, 'What is the process that we are going to follow before we move ahead to thinking what we just talked about"? I would like to know more about the exact process. We are going to approve a "Wish List" at our general meeting and we are going to talk to the Foundation, what is the procedure here? When is the community going to be informed of our 'Wish List' and how much time are we going to allow for that? How much information do we want to provide the community? M. Ward replied, "If you can get to the point of making the decision that the $23,000,000 or whatever the number is, is going to be the right number, you take these large scale items and come up with a marketing plan on the Capital Programs, whether it is Gulf Park Drive without a round-a-bout or Gulf Park Drive with a round-a-bout and what they look like". That is an important thing to start to do with your community and begin the process of preparation of your next year's budget under the supposition that it comes to fruition. That would be the worst-case scenario for you. I can walk you though how to do the financing with respect to it. Do your marketing over the winter months also put together your financing plans and budget to go along with it. At the end of the day in July of next year, you should pop out with a process that is essentially complete at that point. Mr. Nordhoff stated, 'We ought to think about taking it to the community during the season when the vast majority are in residence". We could do the financing as part of the marketing plan, because they are going to ask how are we going to pay for this? Mr. Ward stated, "At the end of the day most people are going to say, how much will it cost me each year"? That is the number you have to focus on. We are good enough at this point to know what that number is going to be. Mr. laizzo stated, ''The point is that we have to get it out during the season". Mr. Sutphin stated, ''That is why I think it is key to get these responses back and get Board approval on a basic budget package". Mr. Ward, is your firm equipped to produce a marketing plan? Mr. Ward replied, "Yes, we will do that for you". Mr. Sutphin stated, "Do we get it as part of the fee that we pay you"? 129 Budget Sub-committee December 10, 2003 .. / '. 161 1 Mr. Ward replied, "Yes, we will do that for you". I know exactly what you are talking about and I have done them before. Mr. Sutphin stated, "At the January Meeting we should discuss a plan to take this to the public". We have eleven people, twelve counting Mr. Ward, available to talk to groups. Mr. Ward can go with anyone of our eleven members, but two of our eleven members cannot go together. There would seem to be enough resources available to get out and reach a significant portion of the community in season, so anyone who is interested has the opportunity to sit through it. Mr. laizzo asked, "Can we call a town meeting"? Mr. Ward stated, "My experience tells me it is much better the way Mr. Sutphin has suggested if'. The larger the audience, the more difficult it is to get the message out. Mr. Sutphin stated, "Mr. Spanier has mentioned the Men's Coffee's". Mr. Ward stated, "The Men's Coffee, association meetings and anything other than the Foundation Annual meeting, which is a little too rowdy". Attendance at regular meetings of condominium associations or homeowner associations with a member of our Board is the way to go. Mr. laizzo stated, ''The only way we are going to get a true feedback is if we send a questionnaire to every residenr'. The 'Wish Lisf' has to go to the residents and let them do the picking and choosing. Mr. Nordhoff stated, "I bet the response is miniscule". It would be just like the Foundation survey. . Mr. laizzo replied, "Then let's not make it like that, let's make it meaningful". Mr. Ward stated, "People like interaction with other people". That is the best way to communicate. Mr. laizzo stated, "You are not going to touch base with every owner like thaf'. Mr. Nordhoff stated. "You give them a chance and there is not much chance for recourse if they didn't show up" Mr. Burke stated, "You could start with the President's Council of the Foundation". Mr. Ward stated, "It makes no difference where you start, just starting is importanf'. 130 Budget Sub-committee December 10, 2003 16!I Mr. Sutphin stated, "Mr. Ward, I assume what you will produce is a power point presentation that can be taken anywhere with a projector and shown to people". Mr. Ward replied "Correcf'. Mr. Nordhoff stated, "Anyone of us that knows how to turn it on could do if'. Mr. Ward stated, "Even with directions, I have problems". Mr. laizzo asked, "Can we get this on the internet"? Mr. Ward replied, "Let me get through the first step of preparing it for you". I have a person on staff that does this for me and we have a very short time schedule in which to do it, so let me get it ready and then I can find out if it is going to be Internet friendly. Mr. laizzo stated, "It would be an asset if it would work". Mr. Spanier stated, "One subject is troubling me and I want to raise it in this context". To raise it in the next Board Meeting would be too late. There has been an initiative that has caused Mr. Lissack to be invited to address the Men's Coffee Group of approximately 150 attendees, this coming Tuesday. Mr. Lissack has been forced on to the group by Col. Raia, despite its' policy in involving itself in politically charged issues. This is going to again open this whole can of worms that we have been trying to deal with that is impugned with Mr. Ward and the Board's integrity. I tried to head this off over the past two days but I couldn't. The result of this is that I believe we should be prepared to rebuff anything that is said. I don't want us to be blindsided. We know the mischief that can be done and I think we have to be prepared to deal with it. Mr. Carroll asked, 'Why would anybody in Pelican Bay care what Mr. Lissack says"? don't know if the community, other than Col. Raia. pays much attention. Does he have any credibility? Mr. Spanier replied, "I know there is room for 150 active, talkative, involved community members". The general thrust of the presentation is going to say that the Pelican Bay Services Division did not act timely. Maybe it will have no impact, but it certainly seems to me that it will have less likelihood of having meaning if in the context of that presentation there was a spokesman prepared with knowledge of what really is the framework in which the issue arose and then perhaps put it to rest. 131 i ..~ :~; , Budget Sub-committee December 1 0, 2003 161 1 Mr. Sutphin stated, "Mrs. Smith intends to disseminate the questionnaires for rank ordering bye-mail". I would request that to save her work, simply input your ran kings directly to the word document in your computer, attached it to an e-mail and send it back to her. That will make her job a lot easier. REVIEW OF PLAN FOR OFFICE RELOCATION Mr. Sutphin stated, "I am not sure Mr. Ward is prepared to discuss this item". Mr. Ward replied, "Not just yet, we are working on the plans to come to fruition with this". We are having some problems, but I am not ready to tell you what they are just yet. Mr. Sutphin stated, "This is again an attempt, thinking towards the work on the Fiscal Year 2005 Operating Budgef'. This is an item that would impact operational spending that I would like to try to deal with as early as possible in the process. Do you think you will have something by the January 7th Board Meeting or do you want to wait for our next meeting on January 14th? Mr. Ward replied, "I would like to wait for your next meeting on January 14t/1". Mr. Sutphin stated, "The next Budget Sub-committee Meeting is scheduled for January 14,2004 at 1:00 P.M., which is five weeks from today". Mr. Carroll stated, "Maybe some of what we are talking about doing could and should be funded by the Foundation". So far we are acting as if all of this is our responsibility and maybe it is, but I am not sure that they aren't in a position to supply some financial support. Mr. Sutphin replied, '" think it is an outstanding idea and I would suggest to Mr. Ward that as we begin identifying the specifics of individual projects, if there is an area where it would make sense to at least ask the Foundation for support, that we do so". The worst they could do is say no. It certainly doesn't hurt to ask. Mr. Carroll stated, "If we upgrade everything and they don't upgrade some of their things, then they will fall behind us and I don't think they want to do thaf'. Mr. laizzo stated, "If it is within our responsibility, that is where the dollar goes". Mr. Carroll replied, "That defines it pretty well, but there may be things that are borderline where they could do something". 132 Budget Sub-committee December 10, 2003 16fl '1 Mr. Sutphin stated, "Is there anything that would preclude, in areas of major community improvements that are aesthetic, like round-a-bouts and waterscapes of asking the larger commercial interests for contributions"? Mr. Ward replied, "Within the context of your assessment, we get them pretty good and I would not go there if I were you". ADJOURN There being no further business, the meeting adjourned at 2:25 P.M. Christopher Sutphin, Chairman 133 161 1 .1 CLAM BA y RESTORA TlON AND MANAGEMENT BIOLOGICAL MONITORING REPORT TURRELL 8: AsSOCIATES, INC. -FOURTH ANNUAL REPORT LEWIS ENVIRONMENTAL SERVICES, INC. - REPORT NUMBER 7 IN FULFILLMENT OF DEP PERMIT # 0128463-00 1-JC UNITED STATES ARMY CORPS OF ENGINEERS PERMIT # 199602789 (lp _CC) FOR: THE PELICAN BAY SERVICES DIVISION \~~ .~~ ~.,/~ /;7 ~'-~)/__~, ./ DECEMBER 2003 161 1 TURRELL & ASSOCIATES, INC.: Todd T. Turrell, P.E., Tim Hall, Kara Cave 3584 Exchange Ave, Suite B Naples, FL 34104 Tel: (239) 643-0166 Fax: (239) 643-6632 E-mail: thall@turrell-associates.comORkcave@turrell-associates.com Baseline report, #1: pre-dredging spring 1999 Time zero report, #2: post-dredging summer 1999 First Annual report, #3: one year post-dredging fall 2000 Second Annual report, #4: two years post-dredgingfall 2001 Third Annual report, #5: three years post-dredgingfall 2002 Fourth Annual report, #6: four years post-dredgingfa1l2003 LEWIS ENVIRONMENTAL SERVICES, INC.: Roy R. "Robin" Lewis, III, Michael J. Marshall, Ph.D. P.O. Box 220005 Tampa, FL 33622-0005 Tel: (888) 889-9684 Fax: (813) 649-1425 E-mail: LewEnvSvcs@aol.com/cstlcnsrt@aol.com Baseline and time zero reports, #1: pre and post flushing channel construction in the die- off area, 1997 First Annual report, #2: one year after flushing channel construction, 1997 Second Annual report, #3: two years after flushing channel construction, 1998 Third Annual report, #4: following additional flushing channel construction in 1999 and 2000, 2000 Fourth Annual report, #5:following addžtionalflushing channel construction in 2001, 2001 Fifth Annual report, #6: one year after flushing channel cuts in 2001, 2002 Sixth Annual report, #7: two years after flushing channel cuts in 2001, 2003 16' 1 CONTENTS and FIGURES (given in italics) Turrell & Associates~ Inc. Fourth Annual Report Lewis Environmental Services Report #7 1.0 Introduction to the Fourth Annual Report 1 1.1 2003 work completed 1 2.0 Mangroves 3 Mangrove die-off and stress acreages (fig 1) 5 Plot locations (fig 2) 6 2.1 Turrell & Associates monitoring 7-17 - Plots 1-22: graphs and descriptions 2.2 Lewis Environmental Services monitoring 18 Plot locations (fig 3) 19 Discussion 20 Graphs and photographs 2.3 Riley Plots 30 3.0 Seagrasses 31 Transects 1-4, summaries 31 Transect map (fig 4) 33 Graphs and descriptions for transects 5-9 4.0 System Overview 39 5.0 Bathymetric Monitoring 47 6.0 Hydrodynamic modeling 49 7.0 Water Quality 50 8.0 Conclusions 51 8.1 Mangroves 51 8.2 Seagrasses 53 9.0 2004 Focus 54 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 16/ 1 1.0 1.1 INTRODUCTION TO THE FOURTH ANNUAL REPORT The Florida Department of Environmental Protection permit #0128463-001-JC and United States Army Corps of Engineers permit #199602789 (IP-CC), authorizing restoration activities in the Clam Bay system make annual monitoring through fixed vegetative survey of the Clam Bay system a special condition of the permit for ten consecutive years. This report presents Year 5 of the schedule with the final due in 2008. The annual monitoring conducted within the system consists of three distinct components. The fa'st is hydrographic monitoring and analysis of bathymetric and tide gauge data. This is conducted to monitor the status of Clam Pass and analyze the effectiveness of the pass to keep itself open. The second component is water qualky monitoring. Monthly monitoring of water quality parameters is conducted and analyzed for trends in improving or deteriorating water quality within the Clam Bay system. The third component of the annual monitoring is the biological component. Monitoring of vegetative plots is undertaken to measure and analyze recovery of the mangrove die-off areas. The analysis of this third component comprises the bulk of this report though summaries of the other two are also presented. More detailed reports on the water quality and hydrographic monitoring are produced by the sub-consukants responsible for those elements, however for brevity's sake are not included in full as part of this report but are instead included as attachments. The biological work presented consists of eleven mangrove monitoring plots and nine seagrass transects set up by Turrell & Associates Inc., in addition to the eleven plots in the original die-off area surveyed by Lewis Environmental Services, Inc. In previous reports, Tun'ell & Associates had established ten mangrove monitoring plots, but added a new plot last year in a circular lightning strike dead area to monitor on-going recovery efforts and results. Background and methodologies of the monitoring are provided in following sections. In section 7.0 the focus of work and recommendations of specific tasks for the coming year are described. The scope of work has been developed based on the results of monitoring surveys and through collaboration with the consultant team and staff of the Pelican Bay Services Division. Most of this work is already in progress but some items may need to be budgeted in fiscal year 2005. 2003 WORK COMPLETED A focus for additional work to be carried out in 2003 was presented in the concluding sections of the Third Annual monitoring report. This included the following Rems that have been successfully completed; Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report//7 December 2003 1) Preparation of a hydrologic model of the bay system 2) Restoration of dune along Clam Bay. 3) Clearing of fallen trees within the main waterways of the system. 4) Review of alternatives to divert portions of the water management system in conjunction with the hydrologic modeling of the bay system. 5) Addition of new channels within the main die-offarea 6) Exotic and Nuisance vegetation removal 7) Clean and Maintain the main connector interior channel to the east of the die-off area 8) A survey of the offshore habitat to explore composition and create a baseline from which improvements or impacts can be analyzed. The overview for 2003 is that all efforts undertaken thus far appear to have been successful, however this is a highly complex estuarine ecosystem and continued diligence is needed to assist the recovery of mangroves within the die-off areas. Additional work efforts are proposed in the final section of this report. Some of these are currently underway and some may be proposed for funding in 2005 should monitoring and analysis dictate. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 2.0 MANGROVES 2.1 Turrell & Associates lnc, Fourth Annual Mangrove Data: Graphs, Pictures and Plot Descriptions Methodology To effectively monitor mangrove health and changing conditions over the life of the permit, fLxed plots were established throughout the system. Approximate plot location was determined fi.om examination of low elevation aerial photographs and finalized upon ground truthing. Initially, 10 plots were established and monitored. Last year an additional plot was added in a new lightning strike zone. Locations are illustrated on the attached map (Figure 2). Primary considerations in plot placement were as follows: To provide a spread of plots throughout the system, · To supplement, without duplicating, the work of other researchers, · To monitor areas of special concern such as small additional die-off or stressed areas, · To fulfill permit requirements. The previous monitoring work of Lewis Environmental entailed eleven 10 m x 10 m permanent quadrats within the main die-off area, in the north-west of the system. In addition, The Conservancy of Southwest Florida is carrying out an additional research effort to monitor mangrove re-growth in Clam Bay following the restoration work. Additional plots have been established although no data analysis for the Conservancy's monitoring is included in this report. With almost 30 plots in a 500-acre system, 11 plots are considered sufficient for this portion of the study. Additional plots may be established at a later date if conditions (further die-offs or stressed areas) suggest the necessity. Each monitoring plot is a measured 10 m x 10 m square, staked at each comer and marked in the center point with labeled PVC piping. Activities included enumeration and mapping of living and dead trees with diameter at breast height (DBH) recorded for all living trees with a DBH greater than 2.5 cm. Seedlings were identified by species and numbers were estimated by count or percent cover. This year, each measured tree was tagged with a number to allow for easier tracking of individual trees as well as to allow more specific comparisons over time. Any saplings that grow to sufficient size (>2.5 cm DBH) between monitoring events will be added to our tree counts and will receive numbers as well. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, lnc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 161 1 :i 4 Photographs were taken and any additional observations, including standing water, wildlife or signs of stress noted. Time, tide and prevailing weather was noted for each survey. Additionally, meandering transects were walked throughout the system to inspect stressed areas or to observe areas of concern related by residents of the community or through examination of aerial photographs. These surveys are conducted throughout the year as needed. Observations made during these pedestrian transects are noted in the general biological discussion of this report. Results See attached sheets. Plot discussions have been included on the same page. Zo'-~ 161 161 1 ~z~ 0 I ~ ~- w 0 Z n~ 0 J E o E o. c5 o 161 ! slt~-~l eA!I to .~eqtunN · [] · -- see~l eA!I JO ~eqmnN 161 -- seed), eA!l jo JeqtunN · [] · -- seer eA!I Jo Jequ~nN 16i E · [] · seer eA!l jo JeqwnN ¸'I · 0 · 0 se~zl e.*,!l jo JeqtunN · n · -- saa~l aAll ~10 .~aqtunN · ID · 161 1 -- saul eAll Jo JiKIwnN seezi eA!l =10 .]eqmnN 161' 1 -- S~l mail Jo JoquJnN 161 1 see J1 e~!l jo JeqLunN Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, lnc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 16t 1 18 2.2 Lewis Environmental Services, Inc.: Mangrove Data Methodology and additional data for Lewis Environmental Services is attached separately in their report, and will not be repeated here for brevity's sake. Photographs and discussion fi.om the LES report are included on the following pages. Tree census results are graphically depicted in the attached report, along with actual numbers of mangrove shrubs per plot. El. = 1.3 WELL 'rep £1. = 2,50 N~ £1. = '1.2 WELL Top [I. = 2.67 NG El. = 1.4 El. = QUADR&T WELL ~9- Top El, = 2.54 NO [I, = 1,Z POND MONITORING LOCATION MAP By: RRL 20 Nov. 9;' POND #11 ~-WrLL ~14 /Tap El. = 2.58 NG [I. = 1.5 / /--WELL #s //;'. Top El. = 2.62 ~:') ! ~ NOEl, = 1.3 POND #1 3 POND #1 #1 4,~ WELL IF1 I Top ri. = 2,69'N NOEl. = 1.4 WELL Top El. = 3.08 NO [I, = 1.8 M:LL I Top El. = 2.71 HO El. = 1.5 WELL Top Itl. = 2.64 HO £1. = 1.4 QUAD TRA Figure ]! QUADRAT POND #1 4 ~[LL 1187 ~W[LL / /Top [I. = 2.65 NG El. m 1,4 QUADR~T JS /Tep ~1, = 2.~t - " ' E = 14 ~19 ~ ~ -~,, ~ Top [I. = 2 SO ~ _ ~ . r. ; '~: ~ ~1. = ,z;(u Top ~L Top El. = 2.66 "~'* ' ~*" --POND Map of study site, vegetation plots, and monitoring within the primary oreo of mangrove die-offs. wells Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report//7 December 2003 161 I Lewis Environmental Services Inc. provides the following discussion of their results: Annual rainfall amounts from 1996 through October 2002 have been less than the exceptionally heavy rains of 1995 when many large and small trees died. This factor alone probably contributed greatly to the start of the recovery process seen during 1997 and which apparently continues through 2002. In 2003 rainfall exceeded, by several inches, most of the previous years yet the mangroves within the Strand impacted area continue to thrive. This success in survival throughout the wet season is undoubtedly due to the construction and maintenance of the flushing cuts throughout this area. Since the forest floor within the entire forest is virtually level the success in forest regeneration that we have seen near the Strand is due to the network of small flushing cuts that have been dug throughout most of this area. Each channel, due to the level topography, can only drain a small zone. It is within these narrow zones, on each side of most channels, where mangroves have recruited successfully and which continue to grow. Two large areas, east of the main North South channel, where flushing cut networks have not yet been dug remain stressed with little sign of recovery. Flushing cuts will be dug in these areas within the next 2 or 3 years. The dense growth of mangroves in and around Plots 1 and 3 contain a mixture of reds, black and white mangroves. At present the white mangroves are most abundant but this seems to be a pattern typical of natural recruitment of mangroves in similar areas throughout the Clam Bay area. Casual observations on small areas that have been damaged by lightening strikes show that the first mangroves to recruit to the openings are usually whites. Eventually these are out completed and replaced by blacks and or reds. During 1999 Batis maritima died out over much of the forest floor. By October 2001 it recovered again across most of the forest floor and within the boundaries of most of the LES monitoring plots. Presumably the 1999 die-off was due to the large amount of rainfall in this area as recorded at the Pelican Bay golf Course during September 1999. Direct rainfall and heavy runoff from upland developed areas around Clam Bay presumably combined to hold water levels above the tolerance levels of Batis. LES staff has witnessed water flowing, from the sprinkler systems on the condominium grounds, across the Strand road into the mangrove forests. The control plots (9, 10 and 11), and Plot 8, due to shading from an intact mangrove canopy, were never covered by Batis. After the flushing channels were dug in the main die-off area, to the east of the Strand, Batis quickly recovered. Due to the change to a once per year monitoring schedule we cannot accurately chronicle how quickly Batis responded to the changes in hydrology brought about by the new channels. Prior to the construction of the flushing cuts LES staff established their locations by looking for very wet low spots. These spots were marked with flagged stakes. This was done during the dry season when the die-off area was otherwise dried out. The wet spots Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 21 (and very soft spots) presumably represented the lowest elevations within the forest. Most of the wet spots were devoid of any trace of plant growth. Following the walking survey a network of small channels were marked and later dug by a crew from Floraquatics, Inc. Some of those low spots were adjacent to the Riley experimental plots. We attempted to avoid those areas. All black mangroves present in the plots at the beginning of the project were large trees and all of these trees showed distinct evidence of severe stress. Prolonged flooding can quickly kill black mangroves as happens whenever water accumulates in the shallow basins of the Clam Bay forest. At the beginning of the monitoring work most large (>25') black mangrove trees lacked green leaves on the upper branches. Green leaves were only seen on the main trunks of the surviving trees. Most remaining leaves were noticed to have died and blackened on several trees within the set of plots between May 5 and July 10, 1996. A few trees, which were thought to be dead on May 5, 1996, re- sprouted scattered leaves by the second sampling date. Some of these trees lost all of their leaves again and were assumed to be dead by the third census. By the end of the fu'st year of monitoring (September and October 1997) several black mangrove trees that we thought were dead recovered, produced flowers (during July and August 1997), and fruited. We believe this recovery is the combined result of both reduced rainfall and better rainy season drainage due to flushing channel construction. They continued to survive through October 2002 indicating that conditions have improved or at least stabilized to some degree. (seq~u!) u!~ Inf' unl" qa~l ~ag ~o das ~e~ ~dv ~e~ qad o Jd¥ ~oN 1o0 0 0 0 O~ O~ O~ (~,old jo %) je^oo pe~,emp, s~] Appendix C, Fi ire 1. LES plot 1, August 2003. are 2, LES 2, Au ust 2003. Fi ure 3, I.ES Figure 4. I.ES 3, Au mst 2003. plot 4, August 2003. Fi ure 5. i,ES 5, Au ust 20t}3. Figure 6. LES plot 6, August 2003. 16;~ 1 Fi ~re 7. LES ilo! 7, Aul ~st 2003. Fi ure 8, LES 8, Au ust 2003. Fi .~re 9. I,ES do! 9, Au us! 2003. .! Figure 10. I,ES plot 10, August 2003. Figure II. i,ES plot I I, August 2003. 6'1 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 16t 2.3 Riley Mangrove Plots The Riley Mangrove plots are located in the main die-off area. Two plots were established in which mangrove seedlings were encapsulated in PVC pipes so that the seedlings were elevated above ambient water levels. Neither Turrell & Associates, Inc., nor Lewis Environmental Services Inc. monitor these plots. However, a quick estimation of the survival of seedlings within the pipes was done while in the field and is presented here for informational purposes. Based on a partial visual count, it appears that somewhere around 65% of the seedlings are still alive and of those alive, many have grown out of the tops of the pipes. It should also be noted that volunteer seedlings adjacent to the pipes have grown on par with the encapsulated seedlings, the main difference being that the majority of the volunteers are white mangroves. Riley Mangrove Plot with Emergent Mangroves Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 31 3.0 SEAGRASSES 3.1 Methodology Sea grasses are a valuable biotic indicator of environmental health and Clam Bay has recognized the value in maintaining viable beds. The original permitted dredging design entailed impacts seagrasses within the channel between Outer Clam Bay and Clam Pass. Monitoring over the life of the permit will allow quantification of the regeneration of those losses and follow the effect of increased tidal flushing on seagrass aerial coverage and density. Methods include examination of aerial photographs and ground trothing by snorkeling and wading survey. Accurate estimation of sea grass coverage is primarily hampered by visibility so that the most effective survey time is at Iow tide. However, at low tide, several areas in the system are exposed rending coverage estimation more difficult. Best effort was made to overcome those obstacles. Coordination with DEP staff resulted in a system of transects being established as depicted on the enclosed map (Figure 4). The transects were traversed, swimming where possible to avoid disturbing the sediment or walking were necessary and a 1 m x 1 m quadrat placed approximately every 30 feet. The following data was recorded for each quadrat: Percent coverage by sea grasses and/or an estimation of blade number per 10 cm square, · Sea grass species composition, · Epifauna or visible infauna. 3.2 Seagrass Data Results from individual quadrats along transects 5-9 are graphically shown along with transect descriptions on the following pages. Outer Clam Bay: eastern and southern sectors, Transects 1 and 2 Observations revealed that while Halophila is still present in Transect 2, there was only one area of seagrass noted along the transect which only showed less than 1% coverage. Transect 1 has remained barren. The survey took place at high tide and water depths were no more than 3 feet with visibility less than 6". Plots 1 and 2 of transect 2 had zero visibility. Near plots 4 and 5 of transect 2 had a Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report//7 December 2003 161 1 32 definite shift in bottom composition from silt to sand. Filamentous blue green algae was present throughout the transect but not to the extent that was seen last year. Outer Clam Bay: northwest sector, transect 3 Shoal grass has not reappeared in this transect. Blue green algae has continued to cover approximately 50% of the mud substrate, giving it a gelatinous consistency in some areas. The substrate is still very soft to a depth of approximately 12". Channel just south of the boardwalk, transect 4. This transect had only about 10 blades total scattered throughout the transect. This is down considerably fi'om last year however this may be due to early seasonal fluctuations. Observations made from the boardwalk earlier this year during a period of high visibility seemed to reveal more grasses than seen at the time of survey. 161 '1 :' 161 100 9O 80 ?o 6O · '"' 5O ~) 40 ~) 30 ~ 20 10 1 2 3 4 5 6 7 8 9 Quadrat number TRANSECT 5 This transect did not have much grass, but had lots of snails particularly at plots 5 and 9. The area near plots I and 2 had a thick mat of algae covering the bottom with gas bubbles present. Plots 4 and 6 also had algae, but to a lesser degree. The only plot with grasses was number 9, with about 5% cover, however there was a clump of grass (about 15% cover) between plots 7 and 8. It appears that some loss has occurred bom last year, but there is also some minor shifting of concentration locations. 161 100 90 80 70 60 50 40 30 20 10 0 1 2 3 4 5 6 7 8 9 Quadrat number TRANSECT 6 This transect had a fair amount of grass, primarily in the first half of the plots, where it was shallower. Concentrations have increased significantly, and there has been a slight shift of the growth pattern back toward the south. This pattern had been noted to have shifted north last year. There was a large number of snails and conch, mostly where the grass was more prevalent. 1 100 90 80 ?0 60 50 n 20 10 1 2 3 4 5 6 7 8 Quadrat number TRANSECT 7 This very shallow transect had a large amount of grass, particularly in plots 2 and 3, which increased significantly from last year. However, most of the other plots appear to have decreased to some extent - with the exception of plot 7 which had no grasses observed last year. There was a large number of snails throughout. Several birds were foraging around this transect. 100 90 80 70 60 50 40 30 20 10 0 1 2 3 4 5 6 Quadrat number 161 1 TRANSECT 8 This transect had grass only in the first few plots, and last year these plots were observed to decrease in coverage. Last year, the growth pattern centered on plots 3 and 4, so growth has shifted to the north. Although the first few plots increased in coverage, overall growth for the transect appears to have decreased slightly. The channel runs through this transect around plot 5. 100 90 80 70 60 50 40 30 20 10 0 1 2 3 4 5 6 Quadmt number TRANSECT 9 This transect had the most seagrass at plots 3 and 4. The channel runs through this transect between plots I and 2. Overall growth is up from last year, in which the only notable growth was seen in plot 3. Several birds were foraging around this transect. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, inc.: Report #7 December 2003 16[ 1 39 4.0 SYSTEM OVERVIEW Aerial Photography Examination of low-level oblique aerials is the most effective method for determining areas of stress and concern. A full mapping and acreage calculation was carried out during the first survey in 1999, and reassessed in 2001 and 2002. The extent of the die-off area was estimated again this year by digital mapping and interpretation of the aerial photographs and the results are shown on the accompanying map. Aerial photographs with follow-up groundtruthing were used to locate dead, stressed and recovering areas. A selection of these photos, dated throughout 2003, is presented below with appropriate explanations. An area of thin canopy was noted this year, particularly apparent from the infra-red photograph. This area is a little north of the Commons just off the berm. However, after field analysis of the site revealed that what appeared from aerial view to be a stressed area was actually a location of heavy exotic (Brazilian pepper) removal conducted earlier in the year which resulted in a decrease in overall coverage fi.om the canopy. The dying exotic vegetation and vines also manifested on the infra-red aerial as a problem area. No mangroves were noted to be stressed or dead in this location. Leather fern and other groundcovers appeared to he taking advantage of the extra sunlight. 2002 photo Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, inc.: Report #7 December 2003 40 This is the "stressed" area mentioned above (2003), discovered to be only dead exotics and vines. Below are photos of two stressed areas noted last year. We have compared aerial photos to those taken this year. Neither of the stressed areas shown appear to be worsening or spreading, but a close eye will be kept on each area. Area 1, 2002 Area 1, 2003 Area 2, 2002 Area 2, 2003 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, lnc.: Report #7 December 2003 161 1 41 Plot 7, 1999 Pbt 7,2003 Pbt 7 2003 The above photographs are of Turrell Plot #7. Very thick mangrove growth has occurred in the last couple of years. Just within the last year, the number of mangroves of tree-size classification (>2.5 cm) more than doubled. The canopy coverage has reached a point where the larger new trees are beginning to shade out the smaller, weaker growth, resulting in more noticeable dead small saplings and seedlings. This is a normal phenomenon which thins out the mid- and understory allowing the stronger trees to have room to grow and become established with less competition for food and light. This is an area that has been classified as recovering, and continues to progress in a healthy manner. Clam Bay Restoration and Management Biological Monitoring Turreli & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 161 1 42 Pbt8,2002 Pbt 8,2003 In plot 8, shown above, you can see the increase in height of the saplings at the back of the photos between last year (right) and this year (left). Also evident is the increase in greener, healthier groundcover and seedlings in the understory. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, lnc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 161 1 43 Pbt9,2002 Plot 9, 2003 Although not overly obvious at first glance, Leather ferns have increasingly overpowered this plot. The photo from last year on the right was taken from a standing position on the ground, and the ferns reached about 5-6 feet tall. This year's photo had to be taken standing on some large roots about 2-3 feet up in order to get a good view over the ferns. They are now 6-9 feet tall, and dominate the entire understory. These ferns undoubtedly will prevent much seedling regeneration. There are also some large Brazilian pepper trees in the area that need to be removed. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 161 1 44 Plot 11, 2002 Pbtll, 2003 Plot 11 has made a lot of progress in groundcover recovery from last year, shown clearly in the above photos. Unfortunately, several of the trees measured last year have died. They were noted in poor condition last year, and likely were on their way to dying when we were collecting our data. This was a new lightning strike last year, and it seems that some trees were just not able to hold on after the damage. There are signs of new white mangrove seedling regeneration, particularly along the east line of the plot. Below, you can also see the change in the plot from aerial view. Notice that the area appears more open due to the dead vegetation that has now fallen and opened up the canopy. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, lnc.: Report #7 December 2003 161 45 Plot 11, 2002 MAARTEN Plot 11, 2003 Clam Bay Restoration and Management Biological Monitoring Turreli & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 161 1 46 The main die-offarea next to the strand continues to be doing well, as you can see below. Mangrove saplings are now to 12 feet tall in many areas. The fiddler crab population remains high, and Batis continues to thrive as the dominant groundcover. Main die-offarea, photo courtesy of Lewis Environmental Services. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report//7 December 2003 161 147 5.0 BATHYMETRIC MONITORING CONCLUSIONS AND RECOMMENDATIONS: The hydraulic efficiency of the inlet was significantly improved by the dredging of the inlet and flood tidal shoals in April 1999. The maintenance dredging of February 2002 has helped to maintain the improved hydraulics. Prior to implementation of the Clam Bay Restoration Plan in 1999, the inlet had closed several times and maintenance dredging had been done on an annual basis from 1995 through 1999. The maintenance dredging of January 2002 was nearly three years after the management improvements completed in March 1999. Furthermore, the inlet did not appear to be in danger of closing when it was dredged in 2002; the dredging was completed as inlet management, to maintain the inlet improvement and to use the sand on the beach to address inlet impacts. The long-term management of the Clam Pass inlet system should include continued monitoring of the inlet channel from the Gulf to the interior, as well as the meandering connecting channels including the dredge cuts, within the Clam Bay system. However, the 2002 monitoring data show that Cut 1, Cut 2, Cut 3 and the inner part of Cut 4 have been relatively stable since the dredging. This is because these cuts are a long way fi'om the shoaling which occurs due to littoral transport near the entrance to the inlet where sand is carried into the inlet on flood tides. It is therefore not considered to be necessary to survey the inner cuts on an annual basis, and it is recommended that continued monitoring of these areas be conducted at two-year intervals in the future. If future monitoring continues to show little change in this area, the monitoring interval may be increased further. The tidal studies should be continued as an integral part of the monitoring of the Clam Bay system because they will indicate when shoaling of the inlet has occurred to the extent where tidal circulation in the bay system is affected. Although dredging portions of the meandering channel appears to have contributed to improved flushing of the inner and upper Clam Bay, the tidal exchange remains relatively low. If further enhancement to flushing of the remote northern portion of the bay system is necessary, it may be accomplished by straightening some sections of the meandering channel that connects the bays to the pass. This approach would necessitate removing some existing mangroves and would require a demonstration that removal of a relatively small section of mangroves would be beneficial to the broader goal of managing the ecology of the overall bay system. It was in part to be able to answer questions such as this that the modeling effort completed this year was undertaken. The recent tidal data shows a general increase in phase lag and decrease in tide range within the bay system for the November 2002 to February 2003 time period. These changes may indicate increasing flow restriction in the inlet due to shoaling, and possibly the need for dredging. However, the average inlet cross sectional area remains more than twice as large as it was when it was subject to frequent closure prior to the 1999 dredging improvements. The inlet sections do show a smaller cross section on one station, possibly due to shoaling from a storm event. A Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 48 restriction such as this would be expected to scour back out since the channel sections of both sides and one station are clear of shoals that would contribute to restricting flow. It is possible that shoaling of this nature was responsible for the observed increase in phase lag and decrease in tide range. Shoaling such as this is an indication of the ongoing tendency of littoral transport to deposit sand in the inlet, but is unlikely to present a problem unless its persistence coincides with a severe weather event accompanied by unusually high transport into the inlet. Due to the fact that the condition of the inlet is significantly better than it was during the period of time when closure was occurring, the current level of shoaling does not appear to be serious enough to warrant maintenance dredging at this time. The ongoing monitoring of tidal data and inlet geometry will provide direction regarding the need for maintenance dredging and establishment of a maintenance dredging interval. Pending results of the next monitoring event, the previous recommendation of a maintenance interval of 3 to 4 years is still considered reasonable. A three-year maintenance interval would call for dredging in December 2004. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 6.0 HYDRODYNAMIC MODELING SUMMARY The hydrodynamic analysis was proposed primarily for predicting expected conditions within the system under a myriad of proposed activities. Although this study is not part of the work required under existing permits, it was undertaken as a proactive effort to help evaluate activities that may be considered in the future to further assist ongoing restoration efforts. Basically, the purpose of the hydrodynamic modeling was to evaluate the dependence of water levels in the system on fresh water inflow into the estuary. This information may then be correlated with salinity data and biological data on the vitality of the mangrove community in an effort to determine if or how retention of freshwater in the inner bay system may be related to mangrove health. The model can be used to predict how modifications to freshwater inflow, such as diversion of flow northward to Vanderbilt Lagoon, would affect the Clam Bay estuary. The model showed that while diverting stormwater north into Vanderbilt Lagoon might be beneficial to the mangroves in the main die-off area, this activity could be detrimental to the stability of the Pass. The diversion of the flow would lower water levels in Upper Clam Bay by as much as 0.2 feet during the rainy season. While this could help the mangroves in and of itself, the 0.2 foot drop would mean as much as a 10% drop in the tidal prism of the Pass. If the stability of the Pass was adversely affected and the pass closed as a result of the diversion, then the die-off area would still be adversely affected. In the end, it is probably not a good idea, in terms of long-term stability of the system, to divert the stormwater north into Vanderbilt Lagoon. The model also allows for the consideration of other alternatives to increase tidal flow and water movement through the system especially in regards to Upper and Inner Clam Bays. Two alternatives presented by Humiston and Moore Engineers are: 1.) to expand on the 1999 dredging by deepening additional areas within the existing meandering waterways; or 2.) to dredge cuts through the mangroves to straighten out the channels and provide a shorter, quicker route for the water to move through the system. Both of these alternatives will be further explored in the coming year and additional recommendations will be made when appropriate. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 161 50 7.0 WATER QUALITY SUMMARY The water quality information was not available at the time of printing of this report. The full water quality report will be included under separate cover. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report//7 December 2003 161 51 8.0 CONCLUSIONS 8.1 Mangroves The main die-off area has decreased in extent and now encompasses just over 17 acres per calculations made by Turrell & Associates Inc. A portion of the die-off area (approximately 14 acres) has been reclassified as recovering this year due to the continued growth of new vegetation. Several small new die-off areas (lightning strikes) have been located within the system. Another diffuse area of stress, shown in purple on the die-off map (page 3) was also identified along the berm just north of the Commons. Results from the monitoring plots give a picture of continued growth of individual trees and consistent seedling recruitment. The area around Turrell & Associates plot 7 was characterized last year as recovering, and this trend has continued. This plot has shown the most growth in the past year with many trees now over 8 feet tall. The channel construction within the Strand die-off area allowed the seedling recruitment and Batis colonization during the late summer of 2001. These plants continued to survive through the summer wet season of 2002 and in most places prosper. This survival and growth continued through 2003 even after a 7-8 inch rain event temporarily stacked water up in the die-off area. The channels cut throughout the area help to clear the stacked water and return water levels to normal in a much shorter period of time than would have occurred prior to 2001. Groundtmthing of areas showing stress suggests that they are areas of lower elevation and ponding of water may still be responsible for the condition of these areas. In the northern area just west of the Marbella condominium white filly bacterial mats could be observed in these low areas, suggesting that water is not moving in and out of the forest effectively. However, the area just west of the Commons is different in that no standing water was observed. Leaf litter was light on the ground surface and not waterlogged, suggesting that water levels may be lower than previously. This could be a result of increased tidal conveyance through the pass keeping water levels lower by not backing the water up into the system in this area. These observations have been used to direct the focus for 2004 and budget potential considerations for 2005, described in Section 8.0. Lewis Environmental Services Inc. provides the following conclusions: Black mangrove saplings and other mangrove species (as of October 2002) are spread throughout most of the study area. Tim Hall (personal communication, October 2002) reported a decrease in the total area of dead mangroves fi:om 50.09 acres in 2001 to 45.75 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 52 acres in 2002. Most of this is around the major channel cuts in the die-offarea where sapling densities are very high. We expect to see similar recruitment and forest recovery around the new flushing cuts within the next few years. It is obviously extremely important to establish and faithfully maintain a maintenance schedule for all of the flushing cuts and main channels within the Clam Bay mangrove forest. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, inc.: Report #7 December 2003 161 1 53 8.2 Seagrasses Poskive observations include the slightly increased Halodule coverage in the channel leading from Clam Pass to Outer Clam Bay and the continuing presence of Thalassia on the western side of Transect 4 just south of the county boardwalk. However the decline in coverage noted in Outer Clam Bay has not recovered from last year. It still appears that the seagrass density within the flats adjacent to the pass has increased slightly but the area covered has changed. As the decline in seagrass coverage has been gradual since the 1999 dredging, it cannot be directly attributed to the constructio, n work but is most likely an unforeseen consequence linked to the extended tidal range in the bay. The increased tidal range results in an extended period of exposure of the mud flats at low tide. The poor water clarity means that grasses are mostly observed in areas of 2 feet or less in depth. Thus grasses in the channel prior to dredging were concentrated along either side, hence transect placement. The change in topography has meant that the mud flat areas would be drier for a longer period because of the increased periodicity seen since the dredging was done. This is considered the most likely explanation for the decline in seagrass coverage although when the decline in Outer Clam Bay is also considered, water quality could be a factor. This is particularly relevant for transects 1 and 3 where the flap gate Seagate culverts may have reduced tidal exchange in Outer Clam Bay. The culverts were removed in October, 2002, to determine if tidal exchange between Outer Clam Bay and Venetian Bay can be accomplished without affecting Clam Pass. Monitoring has shown that the culverts can remain off without affecting the Pass, so subsequent years of monitoring may support this theory if the seagrass densities increase. With the culverts off less than a year, no seagrass recovery has yet been seen in Outer Clam Bay, but continued monitoring will be conducted. In subsequent years we will be spot checking certain plots along the transects at different times to determine if seasonal fluctuations could be affecting the survey results. It appears as though densities could be fluctuating within the area and we hope to be able to determine maximum densities throughout the system. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 54 9.0 Concluding Remarks and Management Focus for 2004 Recovery is occurring, evidenced by high seedling recruitment and sapling survival in the main die off area, Batis colonization, growth of individual trees in monitoring plots and reduction of the northern die-off area. This year has also seen a larger than normal crop of white mangrove seedlings germinating throughout the system. However, continued stress within other forest areas and expansion of exotic vegetation into some areas shows that this is a very complicated ecosystem and monitoring efforts must be ongoing in order to properly manage the system. It will be a slow process before full recovery can be expected and the work conducted this year demonstrates the importance of maintaining vigilance and a proactive approach towards the restoration efforts. The most effective approach is considered to be the continued use of flushing channels in inundated areas. New channels dug within the die off area in the summer of 2001 averted possible extended flooding by late summer rains and high numbers of seedlings were observed throughout the area following the work. This was further evidenced after this year's higher than normal rain events. Batis colonization also increased in the maintained areas. Within one of the stressed areas, observations of standing water suggest that channels would help drain these forest areas and alleviate some stress. The main work focus for 2004 is maintenance of existing channels and compilation of additional data, particularly within areas showing signs of stress. A list of work items to be undertaken is presented below, some of this work is already underway, additional items may be addressed in the budget for fiscal year 2005 if the results of next years work indicates additional work is needed; 1) Continue clearing of fallen trees within the main waterways of Clam Bay. 2) Exotic and Nuisance vegetation should continue to be removed. Brazilian pepper within the forested areas should be identified and treated. Olde World Climbing Fern has also been observed within the system and should be eliminated. 3) The cattail areas along the berm should be monitored. Any indications that water quality degradation is occurring due to overgrowth of cattails should trigger a maintenance activity that will remove the decaying plant biomass from the system. 4) Alternatives to ongoing maintenance of the cattail area will be explored. Removal, dredging, and filling options will be explored and recommendations made as to the best course of action for the system as a whole will be presented. 5) Water Level Monitoring within inner mangroves will continue. Placement of several water level loggers within the mangroves and away from open water will continue to Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Fourth Annual Report Lewis Environmental Services, Inc.: Report #7 December 2003 55 monitor daily or seasonal fluctuations in water levels. In conjunction with the hydrodynamic modeling completed this year, a clearer picture of the way water within the system behaves can be established. Exploration of alternatives to increase the tidal ranges experienced in the northern reaches of the system should be conducted. Straightening or deepening of some of the interconnecting channels may be evaluated with the hydrodynamic model that was completed this year. 7) Monitoring and maintenance of the flushing channels is essential to maintaining the additional flushing capacity that they have contributed to the system. Additional channels can be added in areas that are still experiencing long-term ponding or drainage problems. 8) Year-round monitoring of the system rather than once-a-year will continue. This will allow for closer scrutiny of the system and may catch problem areas while they are still able to recover rather than after they crash. The final word for 2003 is that all efforts undertaken to stop and reverse the die-off appear thus far to have been successful. Continued efforts are needed to quantify the response to measures that have been implemented, and to determine if there are additional measures that may be implemented in the future to accelerate recovery of the mangrove die-off areas. The outlook for 2004 and beyond is optimistic and indications are still that substantial portions of the system may be on the road to recovery. Wiis n ller® New Directions In Planning, Design & Engineering WATER QUALITY SAMPLING UPDATE REPORT NO. 4 FOR PELICAN BAY AND CLAM BAY SAMPLE PERIOD JULY, 2002 TO JUNE, 2003 PREPARED FOR PELICAN BAY SERVICES DIVISION DECEMBER 2003 PIN No. N0103-082-004 1Z/15/2003- 87682 Vet: 07!- JWOJDAK cA~43 N0103-082-000- ECOR- 20565 Offices strategically located to serve our clients 800.649.4336 wilsonmiller, com Introduction 1.1 1.2 1.3 Table of Contents Background Information Update Report No. 4 Purpose and Scope 2 Description of Water Quality Sampling Program 2.1 Sample Point Locations 2.2 Definitions of Sample Parameters 2.3 Sample Matdx 2.4 Sample Results List of Figures Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure 9 Figure 10 List of Tables Table 1 Table 2 Appendices 161 1 3 3 3 6 Report Area Map 2 Sample point locations 4 Average Monthly D.O. (Dissolved Oxygen) Class II & III 8 Average Monthly D.O. (Dissolved Oxygen) Levels for Seagate N/S 9 Average Yearly NO3 (Nitrate) Levels 10 Average Yearly OPO4 (Orthophosphate) Levels 11 Yearly/Monthly NO3 (Nitrate) Levels for Seagate N/S 12 Yearly/Monthly OPO4 (Orthophosphate) Levels for Seagate N/S 13 Average Yearly TDS (Total Dissolved Solids) Levels 14 Yearly/Monthly TDS (Total Dissolved Solids) Levels for Seagate N/S 15 Sample Parameters 5 Sample Matrix 6 Appendix A Water Quality Data Tables (Under Separate Cover) 12/15/2003- 87682 Ver: (~6!- JWOJDAK N0103-082-000- ECOR- 20565 161 -! 1. Introduction 1.1. Background Information Pelican Bay is a 1200+ acm subdivision located in northern Collier County. See Figure 1 for a location map. The subdivision is served by typical infrastructure including public and private roadways; potable and irrigation water systems; a wastewater collection and pumping system; drainage; power; telephone; and cable. In 1977 the Pelican Bay Improvement District (PBID) was formed to provide much of this infrastructure. To the west of Pelican Bay is Clam Bay as shown on Figure 2. Clam Bay is an estuary, which serves as the receiving waters for the drainage from Pelican Bay. Dudng the initial environmental permitting of Pelican Bay, the agencies required water quality testing within Pelican Bay and Clam Bay to help evaluate the impact of development on Clam Bay. The water quality-testing program was first implemented by PBID starting in the early 1980's. In 1991, PBID became the Pelican Bay Services Division (PBSD), a dependent Division of Collier County. PBSD continued the testing program after 1991. PBSD is currently the responsible entity for the testing program. 1.2. Update Report No. 3 The compilation of the water quality testing data was initially presented in a report entitled "Water Quality Report for Pelican Bay and Clam Bay", July 1999. Since then, them have been three update reports for water quality samples taken for the months of June 1999 through June 2002. Update Report No.4 will update the previous report by evaluating the water quality data collected between July 2002 and June 2003. 1.3. Purpose and Scope The purpose of the report is to present and evaluate the water quality testing data and to determine if there are any significant trends in the data. The scope includes: Gather and cull the water quality data for the period July 2002 through June 2003. · Identify the sample point locations. Describe the water quality testing parameters. · Identify any significant data trends. PAGE 1 11/20/01- 87682 Ve~ 05!* JWOJDAK N0103-082-000- ECOR- 20565 t ~ ~ [ " GREEN ' PARK [ ~ ~OV~ mREPORT I il q %2~ mi IE2 : J ~ 24 19 ~ 20 I PROJECT: PELICAN gA Y WA TLR OUALI FY REPORT - TITLE REPORT AREA MAP ~ COLLIER dULY. 1999 33,4,9 49S 25E N~ · ~M~ · ~ . ~* ra~ o~w~ N0103-068-004 C-0103-05 2. Description of Water Quality Sampling Program 2.1. Sample Point Locations The water quality testing is performed at several sample points within Pelican Bay and Clam Bay. The sample point locations are shown on Figure 2. There are ten sampling locations within Pelican Bay and Clam Bay. Sample points W-7, W-6, W-l, Seagate North, and UCBCRK are within Clam Bay, which are categorized as Class II waters by the Flodda Department of Environmental Protection (FDEP). Sample point Seagate South is located in Venetian Bay. The remaining four sampling points are PB-13, PB-11, 13-Glenview and F-St. Lucia, which are located in Class III waters within Pelican Bay. Until 1998, there was sampling taken at one point adjacent to the Seagate culverts. After 1998, sampling at Seagate was suspended. In 2001, sampling was resumed at two points: one on the north side of the culvert, and one on the south side. One purpose of the two sample points is to show if there are differences in water quality between Clam Bay and Venetian Bay, poSsibly due to the check valves installed on the Seagate culverts. 2.2. Definition of Sample Parameters Sampling parameters are provided in Table 1. The first column gives the parameter label and name. The second column gives the units of parameter measurement. The third and fourth columns give the maximum contaminant level (MCL) allowable by the FDEP for Class II and Class III waters. Some of the data parameters may not have a stated MCL. In this case, the data could be used as an indicator of some trend in the system. The final column of Table I gives the purpose and usage of each parameter. There are fourteen different parameters being sampled within the update period. 2.3. Sample Matrix Table 2 gives a matrix of the sample parameters taken from each sampling location. Depending on the sampling location, the test area and the classification of the location where the sample is taken from, the sample was tested for different parameters. 11/20/01- 87682 Vet: 05f- JWOJDAK N0103-062-000- ECOR- 20565 PAGE 3 0 0_ ~J z 0 16'1 1 1 Table 2-Sample ~atrix Sample Point TEMP COND pH TDS DO NH3 NO2 NO3 TKN OPO4 TPO4 SIO2 CHLA TOC W-7 X X X X X X X X X X X X X X W-6 X X X X X X X X X X X X X X W-1 X X X X X X X X X X X X X X UCBCRK X X X X X X X X X X X X PB-13 X X X X X X X X X X X X PB-I 1 X X X X X X X X X X X X F X X X X X X X X X X X X 13 X X X X X X X X X X X Seagate X X X X X X X X X X X Seagate Nth. X X X X X X X X X X X X X X Seagate Sth. X X X X X X X X X X X X X X Note: 2.4. "X" indicates criteria is present at this location Sample Results The sample data are reported in Appendix A, which is provided under separate cover because of its large volume of pages. It is available for inspection at the PBSD office. Of the 14 sample parameters, dissolved oxygen, nitrates, phosphates, and total dissolved solids are discussed in detail below because of they are the most important indicators of water quality. The remaining parameters are not discussed because they are within historic ranges for the sample period. Dissolved Oxygen (DO) Unfortunately, we could not update the dissolved oxygen portion of this report as the DO data was determined to be erroneous due to unusually high levels. Discussion with The Pelican Bay Services Division confirmed errors in the data due to equipment failures. Figure 3 shows the recorded dissolved oxygen levels through Update No 4. The eight sample points are: W-7, W-6, W-l, PB-13, PB-11, 13-Glenview, UCBCRK and FSt. Lucia. W-7, 6,1 and UCBCRK are located in Clam Bay in Class II waters. PB-13, 11, 13-Glenview and FSt. Lucia are located in Pelican Bay in Class III waters. The MCL's for DO in Class II and III waters are also shown on the figure. Figure 4 shows the dissolved oxygen (DO) levels for the Seagate location only up through Update No 2. Note that due to the same instrument error problems discussed above, we could not update the dissolved oxygen portion of the report. PAGE 6 12/15/2003- 87682 Ver: 0~!- JWOJDAK c.~a43 N0103-082-000- ECOR- 20565 Nitrate (NO3) and Phosphate (OPO4) Figures 5 and 6 show Nitrate and Phosphate levels for the eight sample points within their classification. Nitrate and Phosphate are ingredients in fertilizers. The higher the levels, the greater the potential that there is fertilizer runoff into the water bodies adjacent to the sample points. Over the Update # 4 sample period, Nitrate levels increased at 13 Glenview, UCBCRK, W-6 and W-7. There were significant decreases at the F-St. Lucia, PB-11 and PB-13 with minor decreases at sample point W-I. Over the Update # 4 sample period, phosphate levels showed significant increases for F-St. Lucia, PB-13, and 13 Glenview with minor increases for W-6 and W-7. The remaining sample locations showed decreases in phosphate levels. We recommend close monitoring of Nitrate and Phosphate due to the increases in levels at several of the locations. Figures 7 and 8 show nitrate and phosphate levels for the Seagate sample points. Several months of data are unavailable for our latest update for Seagate South sample point. The limited data make it difficult to show trends. We recommend continued sampling. Total Dissolved Solids (TDS) Figure 9 shows TDS levels for the eight sample points. TDS is a measurement of salts in the water. Low levels indicate fresh water. High levels indicate salt water. The data continues to be consistent with the expectation that sample points PB-13, PB-11, 13-Glenview and FSt. Lucia are located in fresh water bodies in Pelican Bay. In contrast, sample points W-7, W-6, W-1 and UCBCRK are located in brackish water in Clam Bay which is the reason for the higher values obtained. TDS levels significantly decreased for UCBCRK while dramatically increasing for W-7 and PB- 13. The TDS levels during the update period remain at consistent levels with the previous historical sample levels. Figure 10 shows TDS levels for the Seagate sample points. Missing data for the Seagate South sampling point delays any conclusions on the impact of the culvert check valves. We recommend continued sampling. PAGE 7 12J15/2003- 87~}2 Vet: 0~1- JWOJDAK CA.43 N0103-082-000- ECOR- 20565 ~ o 0 0 0 0 0 0 0 (.m~ll~,,.~0}§m)O0 0 0 0 0 0 0 0 0 0 ]61 0 0 e- 0 0 o c~ o Od o o o o o o o o ~. ~ o o o o o o o o o o c5 ci c~ o d c5 c~ c5 ~ (Jel!l/l~U~N~l~w)~ON o ,.... z 161 ~ C~ e9 ~ cq 0 '-- 0 o (Ja:lJ.I/lsruoqdSOqd}BW)~'OdO 161 (Jal!ll§m)SO.L 0 I I I I 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 L~ (.~l!l/§m)~O.L ! 6 i Clam Bay Restoration Project Report Number 7 Time Zero through 3- to 7- year monitoring November 6, 2003 LEWIS ENVIRONMENTAL SERVICES, INC. -TAMPA AND SALT SPRINGS, FLORIDA Clam Bay Restoration Project Report Number 7 November 6, 2003 Time Zero plus 3-, 16 ,! 4-, 5-, 6-and- Year Monitoring By Roy R. "Robin" Lewis, III Principal Ecologist and President And Michael J. Marshall, Ph.D. Consulting Senior Ecologist Lewis Environmental Services, Inc. P.O. Box 5430, Salt Springs, FI. 32134 LESRRI~aol. eom 888. 889. 9684 November 6, 2003 Pursuant to: Florida Department of Environmental Regulation Permits Number 112870025 and 0128463-OO1-JC U.S. Army Corps of Engineers Permits Number 199601979LP-CC And 199602789W-CC Table of Contents List of Figures Figure 1 .Pelican Bay Golf Course rainfall 1/1999 through 9/2003 ...................... 10 Figure 2. Batis cover by plot 1/99 through 8/03 ........................................... 12 Introduction ....................................................................... 5 Materials and Methods ................ 7 2 -i Results........... ............................................................. . .. .. 10 Discussion ........ 13 Literature cited ....... 16 Appendix A Monitoring well data, November 2001, October 2002, and August 2003. Table Al. November 2001 Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well Table A2.. October 2002. Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well. Table A3.. August 2003. Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well Appendix B. Mangrove size class distributions by plots. Figure B1 - B3. Plot 1, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B4 - B6. Plot 2, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B6 - B9. Plot 3, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B10 - B12. Plot 4, August 2003. Red, black and white mangrove counts'and size distributions (in 1 fi. increments) in the Clam Bay vegetation plots. Figure B 13 - B 15. Plot 5, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B16 - B18Plot 6, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B 19 - B21 Plot 7, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B22 - B24 Plot 8, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B25 - B27. Plot 9, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B28 - B30. Plot 10, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. Figure B31-B33. Plot 11, August 2003. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation plots. 1 Appendix C. Monitoring Plot Photographs August 2003. Figure C-1 Monitoring plot number 1, photos taken August 2003. Figure C -2. Monitoring plot number 2, photos taken August 2003 Figure C-3. Monitoring plot number 3, photos taken August 2003. 161 4 Figure C-4. Monitoring plot number 4, photos taken August 2003. Figure C-5. Monitoring plot number 5, photos taken August 2003. Figure C-6. Monitoring plot number 6, photos taken August 2003. Figure C-7. Monitoring plot number 7, photos taken August 2003. Figure C-8. Monitoring plot number 8, photos taken August 2003 Figure C-9. Monitoring plot number 9, photos taken August 2003. Figure C-10. Monitoring plot number 10, photos taken August 2003. Figure C-11. Monitoring plot number 11, photos taken August 2003. 161 1 Introduction The Clam Bay ecosystem is located on the west coast of Florida in northern Collier County. It is made up of three interconnected lagoons, Upper Clam Bay, Inner Clam Bay, and Outer Clam Bay). Historically the three lagoons had open connections both to the north and south, behind a barrier beach, and a connection to the west through Clam Pass Due to development, the northern connection was partially blocked by the construction of Vanderbilt Beach Road in the 1950's, and the single culvert under this road ceased to function in the 1970's (Hatcher 1996). The southern connection was blocked by the construction of Seagate Drive in the 1960's. Three culverts were installed under this road in 1976. These blockages reduced the tidal prism in Clam Bay and have resulted in frequent closures of Clam Pass due to sand deposition and build- up. Clam Bay and its current watershed cover a total of 2,968 acres. Within the watershed 1,976 acres are developed (homes, roads, etc.) and 722 acres are in native plant communities with some invasion of exotic plants including Brazilian pepper and Australian pine. The esmarine portion of this acreage, which is Clam Bay proper, covers 568 acres. Mangrove forests occupy 443 acres, tidal marsh 1 acre, and open water 124 acres. Within the open water areas approximately 7 acres of seagrass occur, all in Outer Clam Bay. Thirty-eight species of marine algae occurring as epiphytes on mangroves and other substrates have been reported in Clam Bay (Rhem 1974). The mangrove forest contained all three species of mangroves (red, Rhizophora mangle; black, Avicennia germinans; and white, Laguncularia racemosa) plus buttonwoods (Conocarpus erectus) and sparsely scattered patches of saltwort (Batis maritima) and pickleweed, (Salicornia virginica), according to detailed field surveys performed in the early 1970's (Tropical Biolndustries Company and Gee and Jenson 1978). Tree densities ranged fi'om 726 to 7,580 per acre and maximum canopy height was 39 feet. Within the black mangrove dominated basin forests, 16% of the trees or 8.8 acres of dead black mangroves were reported in the 1978 document. Dead and stressed mangroves were again reported for Clam Bay in 1989 when David W. Crewz, a biologist with the Florida Marine Research Institute, was asked to inspect Clam Pass Park by Mary Ellen Hawkins, then a Collier County representative to the legislature (letter to Don Duden dated April 3, 1989). Mr. Crewz concluded that the "dead and stressed mangroves were caused by lack of adequate water circulation resulting fi.om the closure of Clam Pass .... allowing toxin and salt buildup." 1 Westinghouse Consultants, Inc., employees in February 1992 noted additional mangrove die-offs, north of Clam Pass Park on the west side of Upper Clam Bay. This area was inspected by Dr. Eric Heald, a consultant to WCI, and reported to WCI in April 1992, as probably due to hypersalinity, although 1991 was an above average rainfall year. The same conclusion was reached by Robin Lewis of Lewis Environmental Services, Inc, after an inspection in May 1994. At this time the die-off area was approximately 6 acres. A widespread mortality of mangroves in Florida Bay was also reported in the summer of 1991 (Yarbro et al. 1994) and it was attributed, in part, to natural drought conditions and unusual tidal inundation patterns. After above average rainfall in the summer of 1995, The Conservancy, Inc.'s staff and residents in Pelican Bay reported additional mangrove deaths which continued through 1995 and 1996. The total area of the die-off through July 1999 was 45.9 acres with 24.7 acres undergoing recovery as a result of lower rainfall and drainage improvements. This report was commissioned by the Pelican Bay Services division of Collier County as a result of an application and subsequent permit issuance by the Florida Department of Environmental Regulation (permit number 112870025 issued May 1, 1996) and the U.S. Army Corps of Engineers (permit number 199601979 LP-CC issued on June 26, 1996) which allowed the construction of 1,312 feet of main tidal channels and 356 feet of minor tidal channels within the primary area of mangrove die-off The work occurred in two phases with the fa'st phase completed in early August 1996, and the second phase completed on December 6, 1996. A previous report (Lewis Environmental Services, Inc., 1997a) described the baseline and time-zero conditions prior to restoration. A second report (Lewis Environmental Services, 1997b) described the conditions that existed (up to September 11, 1997) in the mangrove forest after restoration had progressed for approximately one year. A third report described conditions in the forest during the second year (October 1997 through December 1998) following the completion of the initial hydrological restoration work. A second series of permits were issued in 1998 (FDEP#0128463-001-JC and COE 199602789-IP-CC) to complete the restoration project. Additional channel construction projects were completed during the summers of 1999 and 2000. A total of 2,555 feet of channels were dug through much of the forest in 1999 and 8,822 additional feet were completed during the summer of 2000 (under the supervision of Lewis Environmental Services. During November 2000 and during the summer of 2003 the channels dug in 1999) and later were inspected and cleaned out as needed to insure continued water flow into and out of the mangrove forest. Several new channels were dug in areas adjacent to the Strand in 2003. Methods and Materials Salinities and depths in monitoring wells have been measured at irregular intervals since the installation of the wells on May 5, 1996. The monitoring schedule has changed from weekly well measurements to a quarterly schedule starting in 1999. Twenty-one monitoring wells were set out on May 5, 1996, and an additional three wells were added on July 8, 1996. Each well has a 30-inch long PVC tube (2.0-inch inside diameter). Approximately 50 small holes (1/4-inch diameter) were drilled into the sides of each PVC tube within the 15-inch section to be set below ground. Each drilled tube was then wrapped with window screen to prevent sediment and other particles from entering the well. Well tubes were sunken approximately 15 inches into the mangrove forest floor. All wells, in groups of three with individual wells at distances of 10, 20 and 30 meters from water channels within the forest, are adjacent to 100 m2 plots in which mangrove tree recruitment and growth are monitored. All wells were surveyed by Wilson-Miller, Inc., to determine their locations and elevations. Elevation measurements were used to adjust water level measurements within the wells to height relative to NGVD. Several wells have been disturbed by the channel digging program and now some of the wells are located within channels. These wells are indicated as "lost well" in Appendix A Table 3. The lost wells are no longer monitored. One well near Plot 9 was not located during 2003 because it is buried within a very dense thicket of mangrove saplings. 7 A total of 11 monitoring plots were established with eight (Plots 1 through 8) serving as experimental (impacted) plots and three (Plots 9 through 11) serving as control (un- impacted) plots. Two of the control plots were not established until July 25, 1996. Color photographs of each plot were taken at the beginning of the project and on the date of each successive monitoring visit.. Mangrove tree species, including £aguncularia racemosa (white mangroves), Rhizophora mangle (red mangroves), and Avicennia germinans (black mangroves), were identified and counted, if present, in each plot. Tree heights were also measured and recorded. Other vegetation in the plots, usually Batis maritima or Salicornia virginica, was also identified and percent ground coverage by these plants was estimated. A field guide, prepared by LES, for all plants, mangroves and ground cover species, has been available to the monitoring team since 1997. Seedlings within the monitoring plots are now (beginning with the 12/3/98 monitoring date) counted within 0.50 m2 quadrats. Densities are determined from 12 haphazardly located quadrat subsamples. This change in methods was necessary due to a very large recruitment of seeds and seedlings throughout the forest. We were concerned that taking a total count within the 100 m2 plots would be inaccurate and could lead to the trampling of many small plants. Prior to the 12/3/98 census seedling numbers were estimated and probably were not accurate. Seedlings in most plots were buried within the very heavy Batis cover and were not easily visible. Quadrat counts should prove to be more accurate because the seedlings beneath the Batis cover were counted. All plants that were taller than the height, usually about 6 inches, of the Batis ground cover mat were counted over the entire plot. Salinities within wells were measured by collecting small (5-10 ml) water samples within a 1 m long, thin-walled plastic tube (1.5 mm inside diameter) or by collecting small water samples fi.om drops falling off of the tip of a yardstick used to measure well depths. A temperature compensated refractometer (American Optical) was used to determine salinities of these water samples. Water depths within wells were measured directly by placing a yardstick into the wells and recording the position of the water line when the yardstick was removed from a well. Yardsticks were dried between readings. These measurements were taken on an approximately weekly schedule during 1997. The monitoring schedule changed, in 1999, to quarterly sampling and, since 2000, to once per year sampling and plot monitoring. If the forest floor was flooded on a monitoring date surface water depths and salinities were also measured at locations immediately adjacent to the wells. Rainfall data from the Pelican Bay golf course were plotted on a yearly and monthly (Fig. 1) basis. 1 161 o (seqou!) U!eJ In_r. u_nc m · o 10 Results Salinity and Water Depths With sampling now limited to once per year schedule it is impossible to make meaningful comparisons of changes in these two important measurements between sampling dates. Therefore the salinity and well water depth data should only be used in comparisons between "control" and "impacted (dead)" sites. Salinity measurements for each well and for standing surface water at each well site are shown in Appendix Tables 1, 2, and 3. Monitoring wells in these tables are grouped by mangrove monitoring plot numbers. Appendix A, Tables 1, 2, and 3 similarly show water depths in the wells and in the puddles or ponds at the well sites. Photography Appendix C contains the August 2003 monitoring Plot photographs. Batis Ground cover by Batis maritima (saltwort) increased dramatically throughout the impacted study area from the first survey in May 1996 to the survey in December 1998 (Lewis and Marshall, 1999). During 1999 Batis coverage abruptly declined (Fig. 2) in all monitoring plots and throughout much of the dead forest. Batis coverage increased during 2000 within most of the monitoring plots and throughout the forest. There were large areas of forest floor that were barren of living Batis at the time of the 2000 report. Batis (as judged from the August 2003) survey is once again flourishing throughout the dieooffarea. During the August 2003 survey Plots 2 though 7 had above average plot specific Batis coverage, Plots 1 and 8 were just below average. Plots 1 and 8, at the 2003 survey, are densely vegetated with mangroves; presumably these trees have shaded out part of the Batis cover. This phenomenon is evident in the 3 control plots where only a fraction of each plot is covered with Batis White Mangroves (Appendix B) White mangrove tree census data (Appendix B) generally showed (before 2003) large fluctuations in shrub (here defined as plants greater than 12 inches and less than or equal to 36 inches in height) counts over the entire monitoring project period within the impacted plots. During 1997 white mangrove shrubs proliferated in the control plots but most of these died during the summer. The same pattern occurred in 1996. Numerous shrubs were again present on the last census of 1998. In April 2000 mangrove shrubs were abundant in most of the experimental plots but died back in Plots 2, 4, 5, 6, 7, 8,and 9. An inspection of the size class plots in Appendix C (the 2000 report) showed that these shrubs did not grow into larger plants. Big shi~s in the abundance and sizes of saplings in Plots 1, 3, and 5 are due to the re-establishment of the original plot boundaries prior to the October 2002 survey. The old boundary marker 16/ ~g 0 0 0 0 0 0 ~0 ~0 ~ O~ O, old jo %) Je^oo pe~,etup, s3 E ropes were deteriorated and broken, they had to be replaced and some shifting of the plot boundaries resulted fi.om this effort. At the August 2003 survey numerous white mangrove trees (with a maximum height of 13 feet in Plot 1) were flourishing in Plots 1, 2, 3, 4, 5, 6, 7, and 8. A bimodal pattern, which shows the growth of two years of recruits, is apparent in the August 2003 Plot 1 graph. Numerous seedlings (<1 ') were counted and measured in Plots 2, 3, 6, 7, 8, 9, 10, and 11. The tallest (13') white mangrove, seen in the plots, during the August 2003 survey was located in Plot 1. There were 70 white mangroves greater than or equal to 4' in Plot 1. This plot is bordered along its southern edge by a flushing cut. This channel has been cleaned several times since it was dug in 1999 or 2000. The last maintenance on this channel was done in the summer of 2003. A very dense stand of red, black and white mangroves has grown along its banks. Plot 3, in 2002, contained white mangroves up to 6 ft. tall. During the August 2003 survey Plot 3 contained 90 whites equal to or above 4' tall the tallest white in Plot 3 was 8'. Plot 4 had one 5 ft. white. Plot 8 in 2002 had numerous whites in the 3 ft. to 12 ft. range. The other impacted plots do not (at the Oct. 2002 survey) contain large white mangroves. 12 Red Mangroves (Appendix B) At the 2000 census only a few red mangrove propagules had grown above 4 feet in height in Plots 2, 3, 4, 5, 6, and 7. In plots 1, 2, 3, 4, 5, 6, and 7 most red mangrove propagules became established, sprouted leaves, grew briefly and quickly died (2000 report). Red mangroves, at the August 2003 survey, seemed to be doing much better than in previous years. Plot 1, for example in 2002 contained a 9 ft. tall red in the dense stand of mangrove saplings on the flushing channel bank. In 2003 two 11' red mangroves were found in this plot. The red mangroves in Plot 1 and the nearby area are doing very well in the zone adjacent to the flushing cut. In 2003 there were 5 red mangroves above 7' in plot 1. Plot 5 contained one, 9' tall red. Plots 8,9,10 and 11 contain numerous large reds that have continued to grow fi.om the first survey (1997) through the 2003 survey. Black Mangroves (Appendix B) Black mangrove counts remained stable in the experimental plots throughout the period 5/96 to 6/97 (Lewis and Marshall, 1997). All of the black mangroves within the experimental plots prior to September 11, 1997, were large trees. Increases in their densities as reported fi.om our surveys were caused by the recovery of trees that we originally thought had died. A few black mangrove seedlings had sprouted in the impacted plots at various times but most of these died. Numerous seedlings sprouted in most plots between June 3, 1997, and September 11, 1997 (the last sample date in Lewis and Marshall, 1997). Black mangrove seedlings were again abundant, during October 2002, in all but control Plot 10, of the monitoring plots. In August 2003 Plot 1 contained numerous black mangrove saplings. The tallest of these saplings was 13'. There were 3 saplings in the 10' size category and 1 at 9'. Again these saplings have recruited to and grown within the dense thicket of red, black and white mangroves adjacent to the flushing cuts which run through this area of the impacted zone. Black mangroves were present at the beginning of this project only as large trees above 30 feet in height. Plots 1, 2, 3, and 6 contained no large black mangrove trees (Lewis and Marshall, 1997). Large black mangrove trees in the other impacted plots (Plots 4, 5, and 7) lacked branches and had few leaves. Most leaves were located only on the main tree trunks and were within a few feet of the ground. Most of the leaves were curled or partially blackened. All of the blacks in all plots, except Plot 8, and the control plots (9, 10 and 11) showed these severe signs of stress. Tall black mangrove trees seen in Plot 5 died during 1996. A tree in Plot 7 broke in half. The still rooted tnmk survived and sprouted new growth. The decreased count of black mangroves, between the fa'st and third census dates in Plot 7, was due to the death of 4 trees. During the summer of 1997 several of the previously near-death, stressed black mangroves produced flowers and seeds. Presumably many of the new seedlings seen in September and October 1997 are the progeny of these stressed trees. The remaining tall trees in the plots survived throughout the last census reported herein (August 2000). Large (>25 ft in height) black mangrove trees originally seen in the impacted plots 4, 7, and 8 and in the control plots 9, 10 and 11 were still alive and thriving on our last two survey dates in November 2001, October 2002, and August 2003. Impacted plots 1, 3, 4, 5, 6, 7, and 8 each contain black mangroves exceeding 3 ft. tall. 13 Discussion Annual rainfall amounts fi:om 1996 through October 2002 have been less than the exceptionally heavy rains of 1995 when many large and small trees died. This factor alone probably contributed greatly to the start of the recovery process seen during 1997 and which apparently continues through 2002. In 2003 rainfall exceeded, by several inches, most of the previous years yet the mangroves within the Strand impacted area continue to thrive. This success in survival throughout the wet season is undoubtedly due to the construction and maintenance of the flushing cuts throughout this area. Since the forest floor within the entire forest is virtually level the success in forest regeneration that we have seen near the Strand is due to the network of small flushing cuts that have been dug throughout most of this area. Each channel, due to the level topography, can only drain a small zone. It is within these narrow zones, on each side of most channels, where mangroves have recruited successfully and which continue to grow. Two large areas, east of the main North South channel, where flushing cut networks have not yet been dug remain stressed with little sign of recovery. Flushing cuts will be dug in these areas within the next 2 or 3 years. The dense growth of mangroves in and around Plots 1 and 3 contain a mixture of reds, black and white mangroves. At present the white mangroves are most abundant but this seems to be a pattern typical of natural recruitment of mangroves in similar areas throughout the Clam Bay area. Casual observations on small areas that have been damaged by lightening strikes show that the first mangroves to recruit to the openings are usually whites. Eventually these are out competed and replaced by blacks and or reds. During 1999 Batis rnaritirna died out over much of the forest floor. By October 2001 it recovered again across most of the forest floor and within the boundaries of most of the LES monitoring plots. Presumably the 1999 die-offwas due to the large amount of rainfall in this area as recorded at the Pelican Bay Golf Course during September 1999. Direct rainfall and heavy runoff' fi.om upland developed areas around Clam Bay presumably combined to hold water levels above the tolerance levels of Batis. LES staff has witnessed water flowing, from the sprinkler systems on the condominium grounds, across the Strand road into the mangrove forests. The control plots (9, 10, and 11), and Plot 8, due to shading fi.om an intact mangrove canopy, were never covered by Batis. After the flushing channels were dug in the main die-offarea, to the east of the Strand, Batis quickly recovered. Due to the change to a once per year monitoring schedule we cannot accurately chronicle how quickly Batis responded to the changes in hydrology brought about by the new channels. 14 Prior to the construction of the flushing cuts LES staff established their locations by looking for very wet low spots. These spots were marked with flagged stakes. This was done.during the dry season when the die-offarea was otherwise dried out. The wet spots (and very soft spots) presumably represented the lowest elevations within the forest. Most of the wet spots were devoid of any trace of plant growth. Following the walking survey a network of small channels were marked and later dug by a crew fi.om Floraquatics, Inc. Some of these low spots were adjacent to the Riley experimental plots. We attempted to avoid those areas. All black mangroves present in the plots at the beginning of the project were large trees and all of these trees showed distinct evidence of severe stress. Prolonged flooding can quickly kill black mangroves as happens whenever water accumulates in the shallow basins of the Clam Bay forest. At the beginning of the monitoring work most large (>25') black mangrove trees lacked green leaves on the upper branches. Green leaves were only seen on the main trunks of the surviving trees. Most remaining leaves were noticed to have died and blackened on several trees within the set of plots between May 5 and July 10, 1996. A few trees, which were thought to be dead on May 5, 1996, m-sprouted scattered leaves by the second sampling date. Some of these trees lost all of their leaves again and were assumed to be dead by the third census By the end of the first year of monitoring (September and October 1997) several black mangrove trees that we thought were dead recovered, produced flowers (during July and August 1997), and fi-uited. We believe this recovery is the combined result of both reduced rainfall and better rainy season drainage due to flushing channel construction. They continued to survive through October 2002 indicating that conditions have improved or at least stabilized to some degree. Black mangrove saplings and other mangrove species (as of October 2002) are spread throughout much of the study area. Tim Hall (personal communication, October 2002) reported a decrease in the total area of dead mangroves fi:om 50.09 acres in 2001 to 45.75 acres in 2002. Most of this is around the major channel cuts in the die-off area where sapling densities are very high. We expect to see similar recruitment and forest recovery around the new flushing cuts within the next few years. It is obviously extremely important to establish and faithfully maintain a maintenance schedule for all of the flushing cuts and main channels within the Clam Bay mangrove forest. 15 Literature Cited Collier County Environmental Services Division. 1994. Clam Bay Natural Resources Protection Area (NRPA) (Draft), Publication Series NR-SP-94- 1.92pp. Hatcher, M. 1996. Clam Bay, Collier County Natural Resources Department. Six page memorandum date May 1, 1996. Lewis Environmental Services, Inc. 1997a. Clam Bay Restoration Project, Report Number 1, February 1997, Time Zero Monitoring. LES, Inc. Tampa and Summerland Key, Florida Lewis expect the recovery process to continue. Environmental Services, Inc. 1997b. Clam Bay Restoration Project, Report Number 2, November 20, 1997. Time Zero plus 1 Year Monitoring. LES, Inc. Tampa and Summerland Key, Florida. Lewis Environmental Services, Inc. 1999. Clam Bay Restoration Project, Report Number 3, March 11, 1999. Time Zero plus 2 Year Monitoring. LES, Inc. Tampa, Florida. Rhem, A.E. 1974. A study of the marine algae epiphytic on the prop roots of Rhizophora mangle, L., from Tampa Bay to Key Largo, Florida. Ph.D. thesis, University of South Florida, Tampa, Florida. Tropical Biolndustries Company and Gee and Jenson, Engineers-Architects-Planners, Inc. 1978. Carbon flows in portions of the Clam Pass estuarine system, Collier County, Florida. Yarbro, L.A., P.R. Carlson, S. Brinton, T. Armentano, J. Absten and D. Smith. 1994. Mangrove mortality in Florida Bay. Abstract. Society of Wetland Scientists meeting, May 30-June 3, 1994, Portland, OR. I p. Appendix A Monitoring well data. November 2001, October 2002and August 2003. ~;~o~o~oo ~~ Ol~v- c~o 161 E~ ooooooooo oooo 161 1 00000080 000000 O~ ~ 0 ~ Appendix B. Mangrove size class distributions by plots. 161 1 ~,old Z:m O01,P, unoo 161 w~p ~0 O~ v- 0 ~,old Z~tu O01,/lunoo ~ 0 ~ 0 (~ 04 ~-- ~-- 1old Z:tu O01,/lunoo ~,Old ~tu O01.Bunoo ~,old ~I.U O01,P, unoo ~,old Z:tu O01,p, unoo A 13) 0 ~,old Z:uJ 001. p, unoo ~,old Z:mO0 I,P, unoo ~ 6 riI 161 0 0 cO !'-- 0 0 0 0 0 1old Z:m O01,p, unoo 1old Z:tuo0 I,/lunoo 1 o o ~x) I'~ 0 o o 0 0 ~,Old Z:tu O01,/luno::) , · I I · 0 0 0 0 0 0 0 0 0 ~,old ~m O01,P, unoo ~,old ~m O01,p, unoo ~,old ~;m 001, I ~,unoo > 0 lold ~:m 001, p, unoo 0 0 ~,old Z~tu O01,/lunoo ~ 0 M'~ 0 0~i Od ~- ~-- ~,Old g:tuo01,/:lunoo ~,old I:::tu O01,/luno::) '161 ,! 161 lOld ~ tu O01,P, unoo ~,Old ~lAI O0 I, I ~,unoo ~,old cmO01, p, unoo 161 0 0 0 0 0 0 1old ~:us 001, p, unoo > 0 ('xl 0 0O lold cm 001, p, unoo 161 ~,old =u~ 001, p, unoo .o ~o o ~o o o~ ~ v- v- ~,old =uJ 001, p, unoo 1old :tu O01,P, unoo 161 ~,old zus O01,p, unoo 1old cm 001, p, unoo 1old =m 001,/lunoo l. old =m 01,1. I ~,unoo i6i ~,old ~tu 001, I ~,unoo 16i ] 1old zm 001, p, unoo 161 0 0 0 0 0 0 ~0 0 1.0 0 eO Od f~t "- "-- ~,old rm 001, p, unoo Appendix C. Monitoring Plot Photographs August 2003. Appendix C, Fi~,~ure I. irES plot I, August 2003. ure 2, LES ;lot 2, Au ust 2003. Fi ute 3, i,ES }lot 3, Au ,sl 2003. 161 I Figure 4. l~ES plot 4, August 2003. Fi. ute 5. LES dot 5, Au ~st 2003. Figure 6. i~ES plot 6, August 2003. Fi ire 7. I,ES ;lot 7, Att tst 2003. Fi ure 8, I,ES ;lot 8, Att ust 2003. ~re 9. LES 9, Au ust Figure I0. LES plot 10, August 2003. Figure 11. LES plot 11, August 2003. 16l CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO. 10 Submitted to: Florida Department of Environmental Protection DEP file no. 01284163-001.JC Submitted by: Pelican Bay Services Division Prepared by: Humiston & Moore Engineers HM file No. 9068 August 2003 CLAM PASS BATHYMETRIC MONITORING REPORT NO. 10 CONTENTS 1. Summary ................................................................................... 1 2. Introduction ................................................................................ 2 3. Inlet Monitoring .......................................................................... 2 4. Inlet Cross Sections ................................................................... 5 5. Interior Channels ...................................................................... 14 6. Tidal Study ............................................................................... 14 7. Beach Profiles .......................................................................... 15 8. Conclusions and Recommendations ........................................ 21 LIST OF TABLES 1. Clam Pass Survey Control ......................................................... 4- 2. Clam Pass Width and Area Changes (Short Term) .................. 12 3. Clam Pass Width and Area Changes (Long Term) ................... 12 4. Clam Pass Inlet Cross Section Area Change ........................... 13 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Clam Clam Clam Clam Clam Clam Clam Clam LIST OF FIGURES Bay Site Plan .................................................................... 3 Pass Inlet Cross Section Site Plan ..................................... 4 Pass Cross Sections .......................................................... 6 Pass Cross Sections .......................................................... 7 Pass Cross Sections .......................................................... 8 Pass Cross Sections .......................................................... 9 Pass Cross Sections ........................................................ 10 Pass Cross Sections ........................................................ 11 Clam Pass Cross Section Area Changes .................................. 12 Low Tide Phase Lag .................................................................. 16 High Tide Phase Lag ................................................................. 17 Clam Bay Tidal Range .............................................................. 18 Beach Profiles, North of Clam Pass .......................................... 19 Beach Profiles, South of Clam Pass .......................................... 20 !61 CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO. 10 1. Summary Monitoring data show that the April 1999 dredging of Clam Pass and waterways connecting the inner bays significantly improved tidal exchange throughout the bay system, with the most significant improvements in those bays which are closest to Clam Pass. The improved tidal exchange means more water goes in and out of Clam Pass on each tidal cycle. This larger volume of water, or tidal prism, generates stronger currents in the inlet which help to keep the inlet open. The most recent maintenance dredging of the inlet was completed in January 2002. This was almost three years after the 1999 channel improvements. In contrast, it had been necessary to dredge the inlet annually between 1995 and 1999, and several of those dredging operations reopened a closed inlet. Based on monitoring since the 1999 improvements, it appears as if the inlet may need to be dredged at approximate two to four year intervals. The rate of shoaling in the inlet, and also the dredging interval, is very dependent on storm activity. Annual monitoring data should therefore be evaluated to determine actual dredging needs. The interior waterways connecting Outer Clam Bay, Inner Clam Bay, and Upper Clam Bay were dredged as part of the 1999 improvements. This dredging contributed to the improved flushing in the connected bay system. Maintenance dredging these channels was not necessary and was not included as part of the 2002 maintenance dredging. Although the 1999 dredging of the interior channels contributed to improved flushing in the inner bay system, the level of flushing remains fairly Iow in Upper Clam Bay, which is the greatest distance from the inlet. If there is a need for further enhancement of tidal flushing in these remote areas, that may be accomplished by straightening sections of the meandering connecting channels. 1 2. Introduction This report was prepared to fulfill the requirements of Florida Department of Environmental Protection (DEP) permit 0128463-001-JC and presents the foudh set of monitoring data following implementation of the dredging element of the Clam Bay Restoration and Management Plan. That maintenance dredging was completed in April 1999. Previous monitoring of Clam Pass dredging prior to 1999 has been reported in "Clam Pass Bathymetric Monitoring Reports" numbered 1 through 9 which documented dredging events and rates of shoaling in Clam Pass under Florida DEP Special Permit Condition 10 contained in Permit No. 112659015. Due to the dynamic nature of Clam Pass and the importance of maintaining the tidal flow to the Clam Bay system, Collier County had dredged Clam Pass in the spring of every year from 1995, to 1999. Specifically, the pass was dredged in April 1996, under DEP Permit No. 112859039, which was issued on March 28, 1996. In April 1997 and April 1998, Clam Pass was dredged under a modification of the 1996 permit (DEP Permit No. 112859039). The pass was dredged in April 1999 under JCP permit 0128463-001-JC, as part of the implementation of the Clam Bay Restoration and Management Plan, which included dredging portions of the flood shoals and inner channels to improve the hydraulics and stability of the inlet. The most recent dredging of Clam Pass occurred in January 2002, again under DEP Permit No. 0128463-001-JC. This report presents the results of the latest monitoring survey, completed in June of 2003, which includes the inlet plus the immediate vicinity, which has been covered by previous monitoring reports. Additionally, this report includes the results of monitoring the performance of the Clam Bay Restoration and Management Plan dredging which was completed in April 1999. Figure 1 is a location map of the study area, which shows the locations of the beach profiles at the DEP reference monuments, the location of the tide gages, and the scope of monitoring surveys. 3. Inlet Monitoring Figure 2 presents the scope of the inlet cross section survey plan. The locations of the control points and the azimuths of these cross section lines are presented in the table included on Figure 2. The cross section locations in the table on Figure 2 are listed in order from west to east. Plots of the cross section data are provide on Figure 3 through 8. Figure 2 also shows the approximate channel alignment as defined by the National Geodetic Vertical Datum (NGVD) 0.0' contour for the October 1998, August 2000, April 2002, and June 2003 surveys. Historically there has been a tendency toward northward migration of the outer channel. This is clearly illustrated in Figure 2. 2 HIIMIS'I'{)N I CLAU PASS I ~M(X)i(); m DREDGE CUT SITE PLAN 5679 STRAND COURT EN(;INI~I[R,'~mFOR:~ COLEER COUNTY ]NAPLES, FL 54110 .... ]FAX: 259 594 2025 ~-~:., IDATE: 7/~/03 IFIL[: SITEP~N ISCALt:~"='~UOIP.oNE: 239 5~ :o:, ';.'~;"J:~;~:J~;~ .... l JOe FILE: 9068 IDATUM: NGVD IrmOUR[: 1 CLAM PASS R-41 I I OUTER '1 -75 NORTHERN INT CHANNEL 0 75 150 Scale: 1" = 150' BASEUNE SOUTHERN INTERIOR CHANNEL BAS£UNE STATION NORTHING* EASTING* AZIMUTH {~) STA 0+00 686125.6 251625.0 J559'51'28" STA 0+25 666125.9 251650.0 J559'51'28" STA 0+50 686124.1 251675.0 559'$1'28" STA 0+75 686124.5 251700.0 J559'$1'28" STA 1+00 686124.5 251725.0 i$59'$1'28" STA 1+25 686124.7 251750.0 !559'31'28" STA 1+50 686124.9 251775.0 559'51'28" STA 1+75 666125.1 251600.0 559'51'28" STA 2+57.5 686125.6 232662.5 ;559'$1'28" STA 5+00 686126.1 232925.0 559'31'28" (~ STA 5+64.5 686126.7 231989.5 559'31'26" (~) STA 4+10 686199.9 232037.6 559'31'28" STA 4+60 686217.0 232064.6 556'18'20" STA 5+10 686254.1 232131,6 556'18'20" STA 5+60 686251.2 252178.5 556'18'20": (~ STA 6+10 686268.5 232225.5 556'18'20" BASELINE LOCATION TABLE LEGEND: oe/o5/o3 --o4/25/o2 ---~o/15/98 ItUIItlSTONII CI.~M BAY I ~',~oo]~:/ INLET CROSS SECTION SITE PL~J~ 15679STRAND COURT ENGINEEII~FOR: COLLIER COUNTY JNAPLES, FL 34110 I rAx: 941 594 2025 c~,.~.~-,.,. IDATE:7/01/03 IFILE:90681NLET ISCALE:1"=150' IPHONE: 941 594 2021 [-~.,~,:L''°" J JOB FIL'E:9-OSBIBATUU: NOVD ImURE: 2 I 4 4. Inlet Cross Sections Figures 3 through 8 present Clam Pass inlet cross section plots from stations 0+00 to 6+60. For comparison purposes, these figures show the October 1998 pre-dredging, April 1999 post dredging, May 2002 post dredging, and June 2003 conditions of the inlet channel. The dredging of January 2002 extended from station 3+00 to 7+10 and did not include the mouth of the inlet, stations 0+00 thru 2+37.5. The dredging of 1999 removed approximately 32,000 cubic yards from the inlet and interior shoals and placed it on the beach. Since the dredging of 1999, the entrance channel migrated to the north as it has in the past. It remained open through the winter and spring of 2001, which is the time of year that it has historically closed. The flood shoals were dredged again in January of 2002 as advance maintenance to remove accumulated shoaling, although closure of the inlet was not considered imminent. The removal of significant portions of the interior flood shoals in 1999 appears to be keeping the inlet open by reducing flow restrictions and improving the hydraulic efficiency of the inlet. The 2002 maintenance dredging project removed approximately 11,725 cubic yards of sand from the inlet and flood shoal between stations 3+00 and 7+10, and placed it on the beach south of the inlet. This dredging was done to preserve that hydraulic efficiency, and to place sand on adjacent beaches to mitigate inlet impacts. Inlet dimensions are listed in Table 1 and Table 2, which provide a short and long term comparison of the inlet width and cross sectional area at each profile station. The short- term comparison includes data from the September 2001, April 2002, and June 2003 monitoring surveys. The long-term comparison includes data from the April 1999 post- dredge, October 2000 post-Tropical Storm Gordon, and the June 2003 monitoring surveys. It should be noted that the NGVD contour is used as a common datum for shoreline positioning. The channel width is measured at NGVD and the cross sectional area is calculated from the area bound by the bottom profile and NGVD. For reference purposes, mean high water (MHW) for this area is +1.5 feet above NGVD, mean tide level is +0.5 feet above NGVD, and mean Iow water (MLW) is -0.5 feet below NGVD~. According to the June 2003 monitoring survey, the cross sectional area of the Clam Pass inlet decreased an average of approximately 36% during the latest monitoring period. The project design called for advance maintenance dredging, which made the cut larger than the equilibrium cross-sectional area in order to allow for readjustment following the dredging. Shoaling since the January 2002 dredging has reduced channel dimensions as anticipated. However, the average cross sectional area remains approximately twice the size of the pre 1999 dredging condition (see Table 4). This indicates that the improved hydraulics from the 1999 dredging, and the resultant increase in self scouring is still keeping the entrance channel open even though phase lag data appears to indicate that hydraulic efficiency has diminished. 1 The elevations of Mean High Water (MHW) and Mean Low Water (MLW) are based on DEP Special Report No. 87-2, Predicted Open Tidal Datums for the Florida Lower Gulf Coast, Balsillie, 1987, and discussions with the DEP Bureau of Survey and Mapping. 5 161 t NORTH STA 0+75 SOUTH ~'-2-1 ~ ',. ?'--- .... -1:- oo ' - so \ / SOUTH ' -~oo ' -:~o ' -~oo ' -,'~o ' -1'oo ' -~,o ' DISTANCE FROM BASEUNE (FEET) 6-' NORTH SOUTH $TA 1 +00 -10- - NORTH -12 , , -,oo -~o -~oo -,'~o ' ' -200 - 150 DISTANCE FROM BASELINE (FEET) SOUTH - 1100 ' NORTH SOUTH STA 1 +25 1 NORTH -4oo -~o ' -~oo ' -~'~o I I -200 - 150 DISTANCE FROM BASEUNE (FEET) SOUTH - li00 ' -tO NOTE: 2002 DREDGING WAS BETWEEN STATIONS 5+00 AND 17+50 ------ 10/98 Pm I ......... 4/99 Po~I I 4/02 Po.t 6/05 ~i E~GINE~FOR: CO~IER COUNTY INAPLES. FL 54110 I FAX: 259 594 2025 ~ ~ llco~ /DATE:6/25/05 IFILE: XSECT ISCALE:I"=IO0' iPHONE: 259 594 2021 16 '1 8 NORTH STA 1+50 SOUTH NORTH !oo ' -~o ' doo ' dso ' doo ' -1'so ' -1~o ' 40 DISTANCE I~OM BASEUHE (FEET) SOUTH NORTH SOUTH 6- STA 1 +75 ~c -'- ..,_ .... \~ ~.~ ~--2- - ........ ~-'~a~~'~ ",. .,'---- .... -101 NORTH -1~-~oo ' 4so ' -~oo -2so'2 -~o _lO0 ~ -150 -100 DISTANCE FROM BASELINE (FEET) SOUTH 8 ~o SOUTH NORTH STA 2+00 :;;t "°v" -400 -3~50 ' -~oo -~'so ' ' ' -200 -150 -100 -kO DISTANCE FROM BASELINE (FEET) NOTE: 2002 DREDGING WAS BETWEEN STATIONS 3+00 AND 17+50 SOUTH 10/98 Pm I ......... 4/9g Po~ 4/02 Po~ 6/o~ ~. ~.~. a. iHUMISTON II C~M BAY CROSS SECTION CUT 4 15679STRAND COURT I ~1 e~l~Re / ~~IENGINEER~FOR: COLLIER COUNTY . , INAPLES, FL 54110 ~ ~ llc~ ~,. /DATE:6/25/03 IFILE: XSECT ISCALE:I =100 IFAX: 239 594 2025 ~a. ~ llUr,~a~[ , · ........... I ............. I.,~,,R~ 5 IPHON[: 239 594 2021 8 ,~ NORTH 2- ~o ' STA 2+37.5 SOUTH -~oo ' -~ ' -~oo ' -1'5o D~STAHCE FROM .ASEUNE SOUTH ' -I~0 NORTH STA 3+00 NORTH -12 -400 -~50 SOUTH SOUTH ' -~00 i -250 -~00 ~ ' ' -150 -1~00 -~0 DISTANCE FROM BASEUNE {FEET) NORTH SOUTH STA 3+64.5 NORTH SOUIH -2oo -15o -foo -~,o ~ 5o ~o ~to 2 DISTANCE FROM BASEUNE (FEET) NOTE: 2002 DREDGING WAS BETWEEN STATIONS 3+00 AND 17+50 ------ 10/98 Pre ......... 4/gg Po.t 4/02 Po.t 6/05 ENGINEER~FOR: COLLIER COUNTY c~,~ , IDATE:6/25/05 IFILE: XSECT ISCALE:I"=IO0' tf GI~t~G OL~ ~N -- · I ~um,,~ ]JOB FILE:9086o IDATUM:NGVD [FIGURE: 6 9 5679 STRAND COURT NAPLES, FL 54110 FAX: 259 594 2025 PHONE: 239 594 2021 NORTH STA 4+10 - NORm DO ' -1'50 ' -1'00 ' -~iO i~ 510 ' 1~)0 DISTANCE FROM BASELINE (FleET) SOUTH SOUTH ' 1~0 8 NORTH SOUTH STA 4+60 NORTH SOUTH oo ' -,'so ' -,'oo ' -~o ' ~ ~'o ~o ' 1~o ' 2~ DISTANCE FROM BASELINE (FEET) NORTH SOUTH STA 5+10 r- g . I- . NORTH SOUTH -12 , I ' ' -~o -~'~o -~oo -~o ~ ~o ~o ~o t~,o ~STANc~ r.o~ ~As~u.~ (FErn NOTE: 2002 DREDGING WAS BETWEEN STATIONS 3+00 AND 17+50 10/96 Pm ......... 4/99 Po.t 4/02 Po~ 6/03 ~G]~fiR~FOR: COLLIER COUNTY . , INAPLES, FL 54110 c~ /DATE:6/25/05 IFILE: XSECT ISCALE:I =100 IFAX: 259 594 2025 e..~e~u.,~. IPHONE: 239 594 2021 ~=~.u.m.~ ~JOB FILE:9OSSo IDATUM:NGVD IFIGURE: 7 10 NORTH STA 5+60 SOUTH - NORTH SOUTH I -~oo -,~o -,'oo -ko ~ s'o ~ 1~ 2 o DISTANCE FROM BASEUNE (FEET) -12 NORTH SOUTH STA 6+10 NORTH oo ' -1'5o -,'oo -to ~)~'o 1(So 1~o D~STA. CE FROM ~E,NE (FEET) NORTH g . ~ -2: I.d --6-' -8-' NORTH -10 -200 - 1150 STA 6+60 ' -1'00 ' -~0 ~ 510 1~0 ' 1~0 DISTANCE FROM BASELINE (FEET) NOTE: 2002 DREDGING WAS BETWEEN STATIONS 5+00 AND 17+50 ' i'UM]STO I CLAM BAY CROSS SECTION CUT ,4. ~MOOI{E ,,I I ENGINEERSIFOR: COLLJE~ COUNTY (o,,,,~. ,., IDATE:6/25/03 IFILE: XSECT ISCALE:I"=IO0' · =':~,~,.%'" /JOB FILE:9086o IDATUU:NOVD IFIOURE: e 11 SOUTH 2~ tO SOUTH SOUTH : }0 ---- 10/98 Pre ......... 4/99 Poat 4/02 Post B/OS 5679 STRAND COURT NAPLES, FL 54110 FAX: 259 594 2025 PHONE: 259 594 2021 SHORT TERM WIDTH AND CROSS SECTIONAL CHANGES 09/24/01 4/02 6/03 % Change Area Station Area (fl2/ Width Ift.t Area (ft21 Width (ft./ Area (ft21 9/01-4/02 4/02-6/03 9/01-6/03 Number Width 0+00 336 351 380 408 400 304 16% -26% -13% 0+25 299 352 360 320 232 303 -9% -5% -14% 0+50 242 334 342 261 233.4 287 -22% 10% -14% 0+75 222 297 327 308 188.9 104 4% -66% -65% 1+00 188 292 313 303 84.8 109 4% -64% -63% 1+25 171 284 296 283 67.7 100 0% -65% -65% 1+50 149 272 210 241 64.5 115 -11% -52% -58% 1+75 134 270 138.8 236 144.9 230 -13% -3% -15% 2+00 131 282 129.8 271 159.7 205 -4% -24% -27% 2+37.5 130 281 104.2 202 125.8 112 -28% -45% -60% 3+00 97 261 96.2 209 115.6 83 -20% -60% -68% 3+64,5 85 234 49.2 192 41.6 189 -18% -1% -19% 4+10 118 238 174.3 542 113 212 128% -61% -11% 4+60 125 246 181,2 539 65,9 160 119% -70% -35% 5+10 115 280 122 308 56.2 10% 5+60 81 261 76.4 235 61.7 157 -10% -33% ~40% 6+10 61 245 62.5 213 61.5 174 -13% -18% -29% 9/01 4/02 6/03 Average TABLE 2 Post Tropical Storm Gabrielle Monitoring Survey Maintenance Dredging Post Construction Monitoring Survey 8% -36% -37% LONG TERM WIDTH AND CROSS SECTIONAL CHANGES 4/22/1999 10/00 6/03 % Change Area Station Number Width tft./ Area/ft2) Width (ft./ Area/ft2t Width Irt,/ Area (fl2/ 4/99-10/00 10/00-6/03 4/99-6/03 0+00 324 546 117 130 400 304 -76% 134% -44% 0+25 326 529 112 125 232 303 -76% 143% -43% 0+50 328 536 114 129 233.4 287 -76% 122% -47% 0+75 295 508 119 141 188.9 104 -72% -26% -80% 1+00 259 468 150 153 84.8 109 -67% -29% -77% 1+25 212 472 129 134 67.7 100 -72% -25% -79% 1+50 157 385 111 133 64.5 115 -65% -14% -70% 1+75 104 301 116 104 144.9 230 -65% 121% -24% 2+00 94 249 159.7 205 - -18% 2+37.5 98 264 60 115 125.8 112 -56% -3% -58% 3+00 106 330 99 229 115.6 83 -31% -64% -75% 3+64.5 70 246 78 109 41.6 189 -56% 74% -23% 4+10 151 476 113 127 113 212 -73% 67% -55% 4+60 168 658 135 149 65.9 160 -77% 7% -76% 5+ 10 121 406 90 163 56.2 -60 % 5+60 72 215 63 147 61.7 157 -32% 7% -27% 6+10 60 152 55 154 61.5 174 1% 13% 15% Average -60% TABLE 3 4/99 Management Plan Improvement Dredging Post Construction 10/00 Monitoring Survey 6/03 Monitoring Survey 35% -49% 12 CLAM PASS INLET CROSS SECTION AREA CHANGE Station Number Oct-98 Jun-03 Change Increase 0+00 117 304 187 159.83% 0+25 100 303 203 203.00% 0+50 84 287 203 241.67% 0+75 82 104 22 26.83% 1+00 74 109 35 47.30% 1+25 70 100 30 42.86% 1+50 88 115 27 30.68% 1+75 2+00 129 230 101 78.29% 2+37.5 120 205 85 70.83% 3+00 62 112 50 80.65% 3+64.5 100 83 -17 -17.00% 4+10 59 189 130 220.34% 4+60 78 212 134 171.79% 5+10 73 160 87 119.18% 5+60 68 157 89 130.88% 6+10 64 174 110 171.88% Average 85.5 177.75 92.25 111.19% >' 45.05% Weighted 103.10% TABLE 4 13 This is a relatively small inlet with limited ability of tidal currents to scour sand from the inlet, particularly when large quantities of sand are deposited within the inlet during storms. This is why the inlet has been unstable and subject to closure in the past, and the reason the 1999 dredging was designed to improve tidal flow and inlet stability. It is expected that the tidal flow will gradually decrease with re-formation of the flood shoal, at which point the effects of wave energy on the inlet system and channel alignment will increase. The need for maintenance dredging in the future is anticipated. The changes in tidal flow as a function of the tidal prism have been documented as part of a tidal study which has been ongoing since prior to the 1999 dredging project. The results are shown in the tidal study section of this report. 5. Interior Channels The interior channel cuts are shown on Figure 1, illustrating the location of cuts 1, 2, 3, and 4, which were dredged in April 1999. The cuts selected for dredging were identified as channel sections which presented restrictions to flow in comparison to other channel sections within the bay system. As indicated in previous reports, the cross sectional area was significantly improved by the dredging, and in all but a few specific locations, the cross sectional area has changed very little since the dredging. This illustrates the difference between the dynamic inlet entrance, which is exposed to high sand transport rates, and the interior channels, which are not. Dredging of the interior channels contributed to the improved hydraulic efficiency of the bay system and the inlet, however, it is not anticipated that the interior channels will require as frequent maintenance dredging as is anticipated for the inlet. Cuts 1, 2, and 3 are scheduled to be surveyed in April 2004. Cross sectional flow areas for these cuts will be computed in the next monitoring report. 6. Tidal Study Prior to the commencement of the March 1999 dredging, water level recording gauges were installed at selected locations within the Clam Bay estuarine system and Gulf of Mexico to measure tidal ranges. Tides along the southwest Florida Coast are mixed in that they exhibit both diurnal (one tide per day) and semidiurnal (two tides per day) characteristics during the course of a one month lunar cycle. Both the pre and post dredging tidal data collection were carried out for a full month to obtain average values representative of the general tidal characteristics for Clam Bay. The locations of the gauges are shown in Figure 1. Tidal phase lag is the time difference between the high and Iow tide in the Gulf of Mexico and the corresponding high or Iow tide in the bay. The magnitude of the phase lag is an important indicator of inlet dynamics. Figures 9 and 10 show a comparison of the tidal phase lag at high and Iow tide conditions at the three tide gauge locations. In each case the Iow tide phase lag was larger than the high tide phase lag. The most recent tidal data, from November 2002 through February 2003, show a general increase in phase lag over the range established after the March 1999 dredging. Although there is some scatter in the data, this general trend indicates that during the period since the January 2002 14 161 i maintenance dredging, the tidal flow through Clam Pass entrance channel has become more restricted and has reduced the level of tidal exchange throughout the bay system. The relative tidal range was also evaluated for the post 1999 dredging conditions at each tide gauge location as illustrated in Figure 11. In each case there was a significant increase in the tidal range as a result of the March 1999 Clam Bay Restoration dredging project. Additionally, the January 2002 maintenance dredging appears to have helped to maintain the improved tidal range. Data from the most recent monitoring period shows accretion in the channel resulting in reduction of the cross sectional flow area, which allowed less water into the bay. Since less water gets into the bay on flood tide and less leaves on ebb tide as a result of the increased restrictions to flow, the average tidal range decreased. The most recent tidal data, from November 2002 through February 2003, show that the tide ranges decreased slightly from the post dredging values yet remain higher than the 1999 pre-dredged condition. As with the phase lag discussion above, this indicates that the accretion of material in the Clam Pass entrance channel has had a restrictive effect on tidal exchange throughout the bay system. 7. Beach Profiles Figures 12 and 13 present the results of the wading depth profiles surveyed during November 1998, April 1999, October 2000, August 2001, and April 2002, to the north and to the south of Clam Pass, respectively. Stations R-38 and R-39 show an increase in sand volume in the dune area. This is the result of a dune restoration project completed in 2002. Erosion immediately north of the inlet at R-42 and accretion south of the inlet at R-42 indicate northward migration of the channel, also illustrated in Figure 2. Further south at R-43 and R-44 there was moderate erosion, at rates consistent with historical rates for this area. 15 000000000000 ~ooo~ooo~ooo~ ~00000000000 ~000~000000~ o o sJnoH o o 3elOellOO 3eloeltOO eleO ON o Z 16 161 0000~~ 000000000000 ~ ~000~000~0000 ~00000000000 , ~0~0~0~~ ~000~000000~ I pe~,OellOO e~,eQ ON pe~,OellOO eleQ ON O O O s~noH 0 0 0 Z 17 ZgZZZ~ZZZ 00~~ LO/g~:/OI, ol LOILIO !, uJo.u eleO I,O/6L/~. o1 LO/B~/9 LUOZJ eleO pepJoooJ e]ep ou '6u!uooounj lou e6nec> olqel!e^e e]ep ou 'pepoou e6ne9 Z 0 o o (J.:l::l.-I) 3~NV~ -IVC]I.L o o o NORTH OF INLET 10' o , - .... 4/~ 4/02 -2, 4/0~ -4 R-58 DISTANCE SEAWARD OF DNR MONUMENT, FEEl' R-59 """ '*'"I".% COYPLZT[/) IN NOY[MBF. R 2O02 '-..:~..~-.~,~ ....... 11/~8 ..... 4/99 -- 4/02 4/O:3 o so lOO 1so DISTANCE SEAWARD OF DNR MONUMENT. FEET 10- 8' Z ~. ~ 2. _ ......11/98 o io. - .... 4/99 -- 4/02 ,-, -2. 4/03 --~too -~o R-40 kIHW ('+1.50' NGYD O' NGWI 200 250 300 DISTANCE SEAWARD OF DNR MONUMENT, FEET 10 R-41 R-41 woe reloocz~d 2' south ond 60.77' ea~f of the old point osfabllehed In 197:3 In 2001. .AI.I of the. older profllso (2000 .and before) were .hlfted by 60.77' to be relative fi) the new (2001) monument Ioecmon. ~ ~'~r ,~,~_mHUMISTON I CLAM PASS NORTH BEACH PROFILES Im ~ m (~ MOOR.E m DRAWING NAME mlImmm~IimENGINR~R.~mFOR: COLLIER COUNTY m ~:"' mlco~ IDATE:07/01/05 IFILE: R~OHS ISCALE: 12 5679 STRAND COURT INAPLES, FL 34110 FAX: 239 594 2025 PHONE: 239 594 2021 -' 19 SOUTH OF INLET 10 2- ...... 1 t/o8 ..... 4/g9 o- ~ 4/02 -2- 4/03 -4 -loo -~o R-42 ~ "~... "-. .... o' .GV= DISTANCE SEAWARD OF DNR MONUMENT, FrET 1o. :~ 2.~ ....... 11/98 ; ..... 4/gg 0. __ 4/02 -2. 4/03 -4 -loo -~o 10' _o ..... 4/g~ !:' 4/02 - 4/03 -4 -~ ~ R-44 '-,~ MHW (+1.50' NOV'D') ~-~. 0 50 100 1~0 200 2~0 300 DISTANCE SEAWARD OF* DNR MONUMENT, FEET .... · HUMISTON I CLAM BAY SOUTH BEACH PROFILES I. ~ ! g' M(X.)RE I DRAWING NAME IIIIIIIII~.!I~iENGINEERSlFOR: COLLIER COUN~ ~ ~ "' Blc~s,~ /DATE:07/01/03 IFILE: R~0NS ISCALE:I"=100' 20 5679 STRAND COURT iNAPLES, FL 54110 FAX: 259 594 2025 PHONE: 259 594 2021 8. Conclusions and Recommendations . The hydraulic efficiency of the inlet was significantly improved by the dredging of the inlet and flood tidal shoals in April 1999. The maintenance dredging of February 2002 has helped to maintain the improved hydraulics. Prior to implementation of the Clam Bay Restoration Plan in 1999, the inlet had closed several times and maintenance dredging had been done on an annual basis from 1995 through 1999. The maintenance dredging of' January 2002 was nearly three years after the management improvements completed in March 1999. Fudhermore, the inlet did not appear to be in danger of closing when it was dredged in 2002; the dredging was completed as inlet management, to maintain the inlet improvements and to use the sand on the beach to address inlet impacts. The long-term management of the Clam Pass inlet system should include continued monitoring of the inlet channel from the gulf to the interior, as well as the meandering connecting channels including the dredge cuts, within the Clam Bay system. However, the 2002 monitoring data show that Cut 1, Cut 2, Cut 3, and the inner part of Cut 4 have been relatively stable since the dredging. This is because these cuts are a long way from the shoaling which occurs due to littoral transport near the entrance to the inlet where sand is carried into the inlet on flood tides. It is therefore not considered to be necessary to survey the inner cuts on an annual basis, and it is recommended that continued monitoring of these areas be conducted at two-year intervals in the future. If future monitoring continues to show little change in this area, the monitoring interval may be increased further. The tidal studies should be continued as an integral part of the monitoring of the Clam Bay system because they will indicate when shoaling of the inlet has occurred to the extent where tidal circulation in the bay system is affected. Although, dredging portions of the meandering channel appears to have contributed to improved flushing of the inner and upper Clam Bay, the tidal exchange remains relatively Iow. If further enhancement to flushing of the remote nodhern portion of the bay system is necessary, that may be accomplished by straightening sections to the meandering channel. This approach would necessitate removing some existing mangroves. This would require a demonstration that removal of a relatively small section of mangroves would be beneficial to the broader goal of managing the ecology of the overall bay system. The recent tidal data shows a general increase in phase lag and decrease in tide range within the bay system for the November 2002 to February 2003 time period. These changes may indicate increasing flow restriction in the inlet due to shoaling, and possibly the need for dredging. However, the average inlet cross sectional area remains more than twice as large as it was when it was subject to frequent closure prior to the 1999 dredging improvements. The inlet sections do show a smaller cross section on one station, possibly due to shoaling from a storm event. A restriction such as this would be expected to scour back out since the channel sections on both sides and one station are clear of shoals that would contribute to restricting flow. It is possible that shoaling of this nature was responsible for the observed increase in phase lag and decrease in tide range. Shoaling such as this is an indication of the ongoing tendency of littoral transport to deposit sand in the inlet, but is unlikely to present a problem unless its persistence coincides with a severe weather event accompanied by unusually high transport into the inlet. Due to the fact that the condition of the inlet is significantly better than it was during the period of time when closure was occurring, the 21 16,1 1 current level of shoaling does not appear to be serious enough to warrant maintenance dredging at this time. The ongoing monitoring of tidal data and inlet geometry will provide direction regarding the need for maintenance dredging and establishment of an maintenance dredging interval. Pending results of the next monitoring event, the previous recommendation of a maintenance interval of 3 to 4 years is still considered reasonable. A three year monitoring interval would call for dredging in December 2004 22 161 CLAM BAY HYDRODYNAMIC MODELING AND ANALYSIS Prepared for Pelican Bay Services Division By Humiston & Moore Engineers August 2003 CLAM BAY HYDRODYNAMIC MODELING AND ANALYSIS By Humiston & Moore Engineers August 2003 TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 2 BACKGROUND ............................................................................................................................... 2 PURPOSE ...................................................................................................................................... 2 RESULTS ....................................................................................................................................... 4 MODEL SETUP TECHNICAL DISCUSSION ................................................................................. 4 THE NUMERICAL MODEL ................................................................................................................. 4 MODEL AND GRID SETUP CONSIDERATIONS ..................................................................................... 4 BOUNDARY CONDITIONS ................................................................................................................. 6 MODEL CALIBRATION .................................................................................................................. 7 MODEL VERIFICATION ............................................................................................................... 10 MODEL PREDICTIONS ................................................................................................................ 13 ANALYSIS OF MODEL RESULTS ...................................................................................................... 1 3 EVALUATION OF THE EFFECTS OF DIVERTING FRESHWATER FLOWS ON WATER LEVELS .................... 1 3 CONCLUSION AND RECOMMENDATIONS ............................................................................... 17 REFERENCES .............................................................................................................................. 19 Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure LIST OF FIGURES 1. Project Location ............................................................................................................ 3 2. Model Area and Boundary Conditions .......................................................................... 5 3. Surveyed Data for Clam Bay System ........................................................................... 6 4. Model Calibration Results (water surface elevations) ................................................... 8 5. Accuracy of Calibrated Model ....................................................................................... 9 6. Model Verification Results (water surface elevations) ............................................... 11 7. Accuracy of Model Verification .................................................................................... 12 8. Water Surface Elevations in Clam Bay at High Tide and Low Tide Conditions .......... 14 9. Model Results (maximum current velocities at selected locations) ............................ 15 10. Effects of Freshwater Inflow on Water Surface Elevations ....................................... 16 161 1 Introduction Background The Clam Bay estuarine system, located in Collier County in Southwest Florida, includes three main bays connected by narrow channels as illustrated in Figure 1. From south to north, the three bays are Outer Clam Bay, Inner Clam Bay, and Upper Clam Bay. Flow and circulation through this bay system is due to tidal flow through Clam Pass which connects the bay system to the Gulf of Mexico, plus seasonally variable freshwater inflow. Flushing of the bay system is inefficient due to flow restrictions caused by narrow internal channels which connect the three bays, inlet shoaling, and the complicated geometry of the system. High levels of freshwater inflow during the rainy season result in higher water elevations and lower salinity, primarily in Upper Clam Bay and Inner Clam Bay which not only receives most of the freshwater but also is the most distant from the inlet. Water quality problems, fish kills, and areas of dying mangroves led to preparation of a Clam Bay Restoration and Management Plan in 1998. This plan included dredging the inlet and selected section of internal waterways, enhancement or creation of tidal finger channels into mangrove areas, and modification of culverts connecting the system to Venetian Bay to the south. This plan was implemented to improve flushing, with the major part of the dredging completed in April 1999. Physical monitoring has shown that tidal flow has been improved significantly. Monitoring of mangroves and other native vegetation has shown some recovery indicating that the natural vegetation is benefiting from the improved flushing, however, problem areas still exist. Purpose There is a concern that freshwater discharge at the north end of the bay system in combination with flow restrictions may still present a problem to mangrove recovery. The modeling results presented in this report provide an estimate of how peak freshwater discharges into the system affect water levels. The purpose of this is to provide water level information that may be used to determine if the freshwater inflow may be interfering with mangrove recovery. The diversion of freshwater inflow to the north into Vanderbilt Bay is considered as an alternative. The Calibrated model can be used in the future to evaluate other alternatives as needed. 2 N Approx. Scale 1": 2000 FT 0 1000 2000 3000 4000 FT Date of Photograph: August 2002 Figure 1. Project area 161 Results The model shows that peak freshwater inflow increases the water elevation in Upper Clam Bay by approximately 0.2 feet. This elevation increase remains approximately constant over the entire tidal cycle, meaning that this represents the approximate increase in the mean tide elevation for that section of the bay system. While this may appear to be a relatively small absolute change, it represents 40% of the average tide range in Upper Clam Bay. Large areas of intertidal mangrove forest that are alternatively wet and dry on a daily basis during the dry season may therefore be flooded for extended periods during the rainy season. Furthermore, the flooding during the rainy season would be with lower salinity water than during the dry season. The seasonal extremes could be a factor in observed stress of the mangroves. The model results show that diversion of the freshwater inflow to Vanderbilt Bay would reduce the freshwater inflow influence on the tidal range of Upper Clam Bay, and a lesser effect on Inner Clam Bay. The effect on Outer Clam Bay would be insignificant. Model Setup Technical Discussion The numerical model The hydrodynamic model utilized in this study is RMA2, a two-dimensional depth averaged finite element model, developed at the U.S. Army Corps of Engineers Waterways Experiment Station (WES). The data processing and grid generation were prepared using the SMS 8.0 (Surface-water Modeling System) developed by Brigham Young University, Environmental Modeling Research. Model and grid setup considerations The model grid represents the geometric and topographic features of the Clam Bay area including the three main bays, the connecting channels, and Clam Pass. The grid was extended offshore to the -20 foot contour in the Gulf of Mexico in order to establish a stable boundary condition. Figure 2 shows the model grid boundary with an inset showing sample grid details in the vicinity of the inlet. The inset illustrates that the grid density is variable with higher density in areas of high depth variability and high current velocity gradients. The grid consists of 15,380 triangular elements with nodes at the corners and midpoints of each element boundary totaling 32,603 nodes. The sources of data used to generate the model grid included a 2002 aerial photo, a 2002 hydrographic survey of the three bays conducted by Sea Systems Corporation, and monitoring data collected by Agnoli Barber and Brundag Inc. within the connecting channels from annual monitoring studies, and beach profiles. Figure 3 shows the bathymetric survey lines which were surveyed by Sea Systems Corporation as part of this study to complement the available data of the Clam Bay system. 4 Grid details at Clam Pass Figure 2. Model Area and Boundary Conditions 5 Approx. Scale 1": 2000 FT 0 ~000 2000 3000 ~000 FT Bathymetric survey lines Date of Photograph: August 2002 Date of Survey: November 2002 Figure 3. Hydrographic survey of Outer Clam Bay, Inner Clam Bay, and Upper Clam Bay Boundary conditions The default boundary conditions along the outer limits of the model grid are assumed as an external barrier boundary (no velocity components perpendicular to boundary) unless specified otherwise. Specified boundary conditions in RMA2 include constant and transient free surface elevation or flow rate. A transient water surface elevation boundary condition was set at the offshore boundary to represent the Gulf of Mexico tide. Each model run simulated a 24-hour cycle using 48 time steps. The model was driven using various tidal ranges represented by water level elevations which change at each time step. The input data of the offshore tide was obtained from the nearest NOAA tide gauge which is located at Naples Pier approximately 6 miles south of Clam Bay inlet. A flow rate boundary condition was specified at the north end of Upper Clam Bay. The freshwater inflow rates were based on the water budget analysis of Pelican Bay Mangrove Investigation (Wilson Miller, 2001). The estimated freshwater inflow into Upper Bay varied between approximately 6 cubic feet per second (cfs) for the dry season and 15 cfs for the wet season. Model Calibration Data from the ongoing monitoring program (Humiston & Moore, 2002), including recorded water levels in Outer Clam Bay, Inner Clam Bay, and Upper Clam Bay, were used to calibrate the model. The model is driven by a measured 24-hour tidal cycle. Parameters such as friction coefficients and eddy viscosities were adjusted for different segments of the model grid until the model reproduced the measured tidal ranges at the three tide gauge locations. The Gulf tidal cycle of May 10, 2002 was used as the offshore external boundary. The maximum range of this 24-hour tide record was 2.5 feet. The calibration was considered to be complete when the calculated tidal ranges within the model area reached a level of accuracy of +10%. Figure 4 shows the varying water surface elevation at different locations throughout the bay system. Figure 5 shows the comparison between the calculated and measured tidal ranges at the ©uter Clam Bay, Inner Clam Bay, and Upper Clam Bay tide gauge locations. Table 1 lists the computed deviation percentages in each location. The difference between measured and modeled ranges includes both measurement limitations due to gauge accuracy as well as model computation accuracy limitations. The largest deviation of the model from measured tide ranges is in Upper Clam Bay. It should be noted that this is the farthest from the Gulf of Mexico, and therefore is the most distant from the tidal time-step series that drives the model. 7 161 1 (QA~)N 'iJ) uo!le^ele eoepns Jele/iA 8 161 ~- ~- ~ ~- C~ 0 0 (~ej) ~l~ue~I leP!i -- g 161 Table 1 Model calibration results, tide ranges in feet Registry Inner Bay Upper Bay Measured 1.84 0.57 0.58 Model 1.82 0.56 0.52 Deviation -0.02 -0.01 -0.06 Deviation% -1% -2% -10% Model Verification Before using the calibrated model as a prediction tool, model verification with a different input condition was performed. This was done by holding the calibrated model parameters constant and using a different Gulf of Mexico tidal range as the driving condition. This verification simulation used a tidal range of 2 feet, which approximately represents the average Gulf of Mexico tidal range for Naples. The results were compared with the average measured tidal ranges for the period from April 2002 to July 2002 at the three monitoring gage locations in the bay system. Figure 6 shows the computed water surface elevations through the 24-hour verification simulation. Figure 7 shows the comparison between the measured and computed ranges at the three tidal gauge locations. Table 2 shows a summary of the verification results. The small deviation percentages, remaining within a 10% tolerance in both calibration and verification results, indicate the model provides a reasonable simulation of the hydrodynamics of the bay system. Table 2 Model verification results, tidel ranges in feet Registry Inner Bay Upper Bay Measured 1.49 0.46 0.42 Model 1.51 0.44 0.4 Deviation 0.02 -0.02 -0.02 Deviation% 1% -4% -5% 10 161 1 (OAON'~J) uo?,eAele eoejJns Je3eM 11 ~) o (leal) ~l~ue~l lep!j. 161 0 0 161 Model Predictions Analysis of model results The model results indicate the tidal range in the Outer Clam Bay is approximately 75% of the Gulf range and maximum velocities in the Clam Pass exceed 3 ft/sec. The results also indicate the inefficiency of tidal circulation through Inner Bay and Upper Bay. The long narrow meandering channel which connects Inner Bay to Clam Pass limits the tidal flow exchange. The model results show that tidal ranges in Inner Bay and Upper Bay are less than 25% and 20% of the Gulf range respectively, and phase lags exceed 2 hours. The varying tidal ranges and phase lags within the bay system are shown in Figures 4 and 6. Figure 8 shows the water surface elevations in the bay system at high tide and Iow tide conditions. The figures demonstrate the effective tidal exchange between the Gulf and Outer Clam Bay, and the limited response in Inner Clam Bay and Upper Clam Bay. Figure 9 shows sample results of ebb flow maximum velocities for an average Gulf tide within the bay system. The figure shows the maximum ebb flow velocities at Clam Pass and the channel between Upper Clam Bay and Inner Clam Bay. The figure demonstrates the relative magnitude and phase lag of maximum ebb velocities; a maximum of approximately 3.1 feet per second in the inlet three hours before the maximum of approximately 1.2 feet per second in the channel flowing out of Upper Clam Bay. This is an illustration of the relatively inefficient circulation properties in the upper bay area due to flow restrictions from the narrow winding connecting channels. Evaluation of the effects of diverting freshwater flows on water levels The objective of this study is evaluating the effects of the freshwater flows at the north end of Upper Bay on water level fluctuations within the bay system. Four prediction simulations were performed for various conditions of freshwater inflow: · no freshwater flow, · minimum flow rate (6 cfs), · average flow rate condition (10 cfs) · and maximum freshwater flow rate condition (15 cfs). The average Gulf of Mexico tide range was used as the offshore boundary condition in all simulations. Figures 10 shows the computed water level fluctuations in each bay for the four different freshwater flow rates. The freshwater flow into Upper Clam Bay reduces the tidal range slightly in Upper Clam Bay only. The model does not 13 161 i 2 :~ 1.S 0 0 2 4 6 · 10 12 14 16 18 ~O 22 2,4 Figure 8. Water Surface Elevations in Clam Bay at High Tide and Low Tide Conditions 14 Figure 9. 161 1 Maximum ebb velocities at location 2 (time -- 22 hours) Maximum ebb velocities at location I (time = 19 hours) Model Results (maximum current velocities at selected locations) 15 161 1 Outer Clem Bey Time (hfs) Inner Clam Bay Time (h~) Upper Clem Bey Time (hr~) 20 25 Figure 10. Effects of Freshwater Inflow on Water Surface Elevations 16 161 '1 show change in tidal range in Outer Clam Bay due to the different inflow conditions. However, the slow drainage of the freshwater outflow to Clam Bay Inlet causes significant rise in mean water levels in Upper Clam Bay and Inner Clam Bay. The maximum freshwater inflow elevates the mean water levels by approximately 0.2 ft in Upper Clam Bay and 0.15 feet in Inner Clam Bay. Table 3 summarizes the results of the four simulations indicating the varying tidal ranges and the mean Iow and high water levels for each case. Table 3 Model results of freshwater inflow effects on water level fluctuations in feet No freshwater Freshwater Inflow Freshwater inflow Freshwater Inflow Q=0 Q=6 cfs Q=10 cfs Q= 15 cfs MLW MHW, range MLW MHW range MLW MHW range MLW MHW range Outer -0.12 1.39 1.51 -0.11 1.39 1.5 -0.1 1.39 1.49 -0.09 1.4 1.49 Clam Bay Inner 0.49 0.93 0.44 0.55 0.98 0.43 0.59 1.02 0.43 0.64 1.07 0.43 Clam Bay Upper 0.52 0.92 0.4 0.59 0.99 0.4 0.65 1.04 0.39 0.73 1.1 0.37 Clam Bay Conclusion and Recommendations The model results presented in this report indicate diversion of freshwater discharge north into Vanderbilt Lagoon would result in a drop in mean water levels of between 0.15 to 0.2 feet in the primary stressed mangrove area during the rainy season. While this may appear to be a relatively small absolute change, it represents 40% of the average tide range in Upper Clam Bay. This means that without the Vanderbilt Lagoon connection, large areas of intertidal mangrove forest that are alternatively wet and dry on a daily basis during the dry season may therefore be flooded for extended periods during the rainy season. Furthermore, flooding during the rainy season would be with lower salinity water than during the dry season, and although the lower salinity would not adversely affect mangroves it could create problems for other marine organisms. These seasonal extremes could be a contributing factor in observed stress on the mangroves. However, it should be considered that diverting the freshwater flow into Vanderbilt Bay will reduce the tidal prism through Clam Pass by approximately 10% during the wet season. This may adversely affect the stability of the pass. 17 If diversion of discharge to Vanderbilt Bay is not feasible, for economic or other reasons, or if the predicted drop on water levels is not adequate for management of the mangrove preserve area, other alternatives may be evaluated using the calibrated model. An approach based on the documented success of the Restoration and Management Plan, implemented in 1998, is recommended. That plan included dredging sections of the narrow meandering waterways connecting the Inner and Upper bays. This dredging reduced flow restrictions in a number of areas, and monitoring has documented increased tide ranges in the Inner and Upper bays. Early monitoring results seem to indicate that the mangrove community has benefited from this improved circulation. Based on these results, two alternatives to further enhance circulation are recommended. Expand on the dredging completed in 1998 which dredged shallow areas in the narrow meandering waterways between Outer Clam Bay and Inner Clam Bay, as well as between Inner Clam Bay and Upper Clam Bay. This alternative would selectively dredge additional shallow areas not previously dredged in the narrow connecting waterways. 2. Straighten portions of the meandering waterways by dredging connections between meandering channel loops at selected locations. Each of these alternatives has a variety of options with respect to the scope of dredging that would be proposed. The calibrated circulation model could be applied to determine the project scope that would be most effective in achieving specific goals. Those goals would be defined based on the needs of the mangrove community and present conditions as identified by monitoring completed to date. The second of the above alternatives would provide the greatest benefit to tidal circulation because it would make the flow-way both deeper and shorter, and would therefore provide the greatest reduction in resistance to flow. A potential regulatory complication with this innovative approach is that it would involve cutting through existing mangroves. Sufficient environmental justification would therefore have to be demonstrated. Completed monitoring programs would provide some of the necessary justification. Additional justification would be provided by applying the calibrated circulation model to various alternatives in order to develop a plan that would best achieve stated goals with the smallest impact. Based on the results of the modeling to date, goals could probably be achieved by limiting this alternative to the waterway between Outer and Inner Clam Bay. Justification would be in demonstrating further benefit to the restoration of 40 to 50 acres of stressed or dying mangroves by dredging that would impact less than an acre of existing mangroves. Additional justification could be demonstrated in improved stability for Clam Pass as the result of increased tidal prism, faster drainage of the bay system during periods of heavy fresh water discharge, and contributing to overall improved ecology of the bay system. References Humiston & Moore Engineers 2002, Clam Pass Restoration and Management Plan Bathymetric Monitoring Report No. 9, prepared for Collier County Parks and Recreation Department. SMS 8.0, 2002, Surface-water Modeling System, Brigham Young University, Environmental Modeling Research Laboratory. Wilson Miller 2001, Pelican Bay Mangrove Investigation, Storm-water Management Enhancement Study, Prepared for Pelican Bay Services Division. 19 THE RITZ-CARLTON® NAPLES 161 1 EDWARD V. STAROS VICE PRESIDENT MANAGING DIRECTOR December 26, 2003 Ms. Barbara Smith Collier County Government Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, Florida 34108 Re: Coastal Constrtlction Setback Line Variance Dear Barbara, It is my understanding that a meeting with the County' Commissioners concerning the land development code is going to take place on Wednesday, January' 7, 2004. One source told me the meeting would be at 2:00pm, another told me 5:00pm I will find out early next week and let you know. However, the purpose of this note to you is two-tbld: 1. If the CCSL Meeting is at 2:00pm, I will not be able to attend the 3:00pm MSTBU Meeting, nor will others who would also want to attend the CCSL Meeting. Attached is, to my knowledge, the most up-to-date re-write of the CC SL Variance Amendment. I would like you to provide a copy of this amendment to all members of the MSTBU Board. Thanking you in advance. Best regards, Edward V. Staros. Vice President and Managing Director EVS:cec Enclosure aliW ~A&ard ~'~ A~ard · Recipient 250 V.ANDERBILT BE:\C!-t RO,-\[;. N.-\PLE5, FI,OR!P:\ ~41,OS-2x00 ~941) 598-1300 FAX (94i5 598-66(,7 ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance LDC SUPPLEMENT #: Supplement 1, Supplement 15 CHANGE: Per the Growth Management Plan, prohibit construction seaward of the Coastal Construction Control Line, with minor exceptions. Staff also provided clarifying language to the exemption section (3.13.7.2) and to the dune restoration permit (3.13.8.2). REASON: Policy 10.4.7 of the Conservation and Coastal Management Element (CCME) requires the County to "Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system." The BCC has directed staff to enforce this requirement, which serves to provide greater protection to the County's beaches and dune systems. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will decrease the number of CCSL Variances applied for which will decrease staff time reviewing as well as presenting these variances to the committees. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and v~here appropriate will restore the historical dunes and will vegetate with native vegetation." OTHER NOTES: Division 3.13 is referenced in the proposed amendment for Sec 2.2.38. It should be noted that this amendment will also apply to the Vanderbilt Beach Overlay District. 161 Amend the LDC as follows: Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, construct ~cr,manent structures. remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. Reauests tbr variances tbr construction of structures on undevelor~ed shorelines shall be limited to those allowed by the Collier County Growth Manauement Plan. Conservation and Coastal Mana,,ement Element. Expansion ofexistinu t'acilities that are not in comt~liance with the CCGMP shall be prohibited. The construction or replacement of seawalls or other similar shore hardening elements shall be prohibited seaward of the CC SL. Removal of sea walls shall be required whenever there is demolition on site or new construction occurs on any beachfront parcel that has a seawall. Seawalls shall be removed in accordance with 3.13.8.3. Sec. 3.13.5. Variances. A coastal construction setback line (CCSL) Variance shall not be approved for construction of ~w-structures seaward of the CCSL except where said prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons or as otherwise permitted hereinafter. The following CCSL variances may be authorized by the Board of County Commissioners. water a 3.13.5.1 Minor accessory structures such as chickees constructed without flooring or walls and storage boxes. It shall be prohibited to use any construction material that can become dislodged during a storm event, such as but not limited to, brick pavers, stepping stones, and landscape stones. Minor accessory_ structures shall not be constructed or placed in areas that have existing native vegetation or on any part of the beach. All areas seaward of the CCSL, outside the footprint of approved minor structures, shall be kept in their natural condition and/or landscaped, using native vegetation, exclusively. 3.13.5.2. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. 161 1 3.13.5.3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County growth management plan, conservation and coastal management element, and also approved by the board of county commissioners. 3.13.5.4. Activities that are listed under Section 3.13.8 that exceed the standards set forth in the CCSL permits, such as wider dune walkovers, larger deck areas for public use. or required public restrooms that cannot be constructed landward of the CCSL and provide tbr public access and passive recreational activities. ~ ~ ...... _~ ao The requested activity or construction shall minimize interference with the natural function of beaches and dunes. 3.13.5.5 Reconstruction dne to an uncontrollable event. Reconstruction shall contbrm to the provisions of Division 3.17 of the Land Development Code. in effect at the time of reconstruction reo~ardless of whether it was a natural or otherwise caused disaster. Said reconstruction shall be limited to the exact footprint of the buildinu that was destroyed, and may require a new CCSL variance if the structure was originallv built without first obtaininu a CCSL variance or proposes structural changes that may be required as a result of new buildin,_, codes. 3.13.5.6 Reconstruction that must be done to insure structural integrity. Re-construction of previously approved existing structures seaward of the CCSk shall be limited to the exact tbotprint of the building that is being rebuilt, and may require a new CCSk variance it' the structure was orieinallv built without first obtainine a CCSL variance or proposes structural chanees that may be required as a result of new building codes. Sec. 3.13.7~ Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall, not be heard by the board of county commissioners. Exemptions to section 3.13.4 shall include: 3.13.7.1. The removal of any plant defined as exotic vegetation by county code. 3.13.7.2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code. -endudi~ The following do not qualify for this exemption: 1) additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure, 2) replacement of any pervious surface with a non-pervious surface, or 3) modifications or additions to any dune walkover or construction on a deck area. 3.13.7.3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1--October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Sec. 3.13.8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.1. Dune Walkovers/pervious pathways. Construction of a dune walkover or other pervious beach access way when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.1.1. A maximum width of six feet. 3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 3.13.8.2. Dune restoration. Creation, restoration, re-vegetation or repair of the dune or other natura! area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. 3.13.8.2.2. Plants utilized shall be 100 percent native coastal species. 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. 3.13.8.3. Removal of sea walls. Removal of sea walls on beachfront properties shall require creation/restoration of the dune, in accordance with 3.13.8.2. Such permits shall be required in conjunction with any demolition permit or prior to any approved site plan on beachfront properties. 3.13.8.4 Minor accessory_ structure placement. Placement of minor accessory structures such as those described in 3.13.5.1 when that structure is over a previously approved impervious area. A chickee or storage box may be placed on a parking lot or on an impervious surface such as a concrete pool deck area. 1.61 ~ oggooogog ....... gg ....... g ........ goooog o o o o °~oo ooooo0oo oooooooooo0ooo ?????????????? ~ '~ ~ ooooo~o~???~ o o o o 0 0 0 ~ 0 o ¢: 0 o o o o CD 0o~+ i-~ Fl' ~0000~00 ~~0~0~ 0~0~0~00000 0~0~0~00000 0~0~0~00000 000~0~00000 0 OOCrl 0 Ok,O 0 0 0 0 u. i~ t.-~ k..~O 0 o ~ ~~o~o ~o~o0~o 0~o~o~o ~o~o~oo ~0~oooo I ~ooo~o~00~o ~o~o~0~ooo~o ooo00~0~ooo~0 o O0 0 c) ~J ~~00 00000000 00000000 I-~ O0 ~ I I ~0~ 00000 00000 00000 00000 ~~0 ~0000~00 ~0000~0 ~0000~0 ~0000~00 0~0~0~00000 0~0~0~00000 0~0~0~00000 000~0~00000 IIIIII o uJ OC~+ ~0oo~0 ~ O0 ~000~0 ~ O0 I O0 O0 ~+ fl' t 000000 O0 000000 O0 O0 000000 O0 O0 000000 O0 O0 O0 O0 oo oo oo oo :-~ uJ o'~ ~ID U'~ 0 000 0 0 000 0 · 0 0 000 0 0 000 0 I o O0 Oo Oo oo I I Fiala -- OLLIER COUNTY AIRPORT AUTHORITY AGENDA Halas ~ Henning~ ~ -- Colatta 'I)TtTE: December 8, 2003 PLACE: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL TIME: 1:00pm II. A. Bo Co Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. Pledge of Allegiance and Invocation Approval of Agenda Consent Agenda 1. Minutes of November 10, 2003 .................................................................. Pg. 1 Capital Improvements 1. FAA Grants .................................................................................................. Pg. 9 Administrative 1. Florida Tradeport Update ............................................................................. Pg. 12 2. Update of Immokalee Manufacturing Facility II ......................................... Pg. 13 3. Monthly Financial Statements ..................................................................... Pg. 14 Old Business 1. Disadvantaged Business Enterprise Plan ..................................................... Pg. 16 New Business Public Comment Announcements MEMBERS PRESENT: ABSENT: STAFF: COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF NOVEMBER 10, 2003 Dennis Vasey Robin Doyle Steve Price Raymond Rewis Gene Schmidt Bob Titus Terry Farnsworth Bill West Thomas Palmer John Kirchner Tiffany Mendoza Gail Hambright Stephanie Taylor Jim Peterka Bob Tweedie Harold Paton PUBLIC: Mike Taylor Lee Combs Tom Rousse Monty Geddes Denny Baker Carol Glassman Monica Biondo Larry Hannan Winona Stone II. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:00p.m. and quorum was present. APPROVAL OFAGENDA Consent agenda Minutes of October 13, 2003 was moved to C-8 for discussion. Additions to agenda: Financial and Administrative Housing Update C-l; Letter from County Manager C-7; After Administrative C-8 Item No E-1 was added as Proposed Reorganization after last item on agenda. Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. APPROVAL OF CONSENT AGENDA AND ANNOUNCEMENTS Mr. Vasey announced the Holiday Celebration for December 17, 2003 to celebrate the Wright Brothers. Approved: Change Order No. 2 Everglades Lighting Motion was made to approve the Consent Agenda with changes. Motion was seconded. Motion passed unanimously. Collier County Airport Authority Minutes November 10, 2003 Page 2 161 '1 CAPITAL IMPROVEMENTS 1. Marco Island Airport Avigation Easement Discussion was held regarding the Marco Island Airport Avigation Easement. Recommendation: Approve drafting text amending the Land Development Code that clearly expresses the desired intent and present that proposed text to Assistant County, Patrick White, or Assistant County Attorney, Marjorie Student to get it into the bi-annual LDC Amendment process. Mr. Price moved for approval of recommendation. the motion. Motion passed unanimously. ADMINISTRATIVE Mr. Peterka seconded 1. Immokalee Manufacturing Facility II Update Lease Denny Baker, Financial and Administrative Director, updated the board on the Immokalee Manufacturing Facility II Lease. No action was required. 2. EDC Update on Florida Tradeport Business Recruitment Monica Biondo from the EDC updated the board regarding the Florida Tradeport Business Recruitment. No action was required. 3. Disadvantage Business Enterprise Plan Mr. Titus addressed the board regarding the Disadvantage Business enterprise (DBE). Monty Geddes, from Montgomery Consulting Gr6up, addressed to board. Mr. Doyle noted that the grant was not attached to the agenda and he could not approve it. Recommendation: To allow the November 10, 2003 board meeting for public comment on the Authority's DBE goal acknowledging that the board is not accepting the DBE Plan at this time. Collier County Airport Authority Minutes November 10, 2003 Page 3 Mr. Price moved for approval of recommendation. Motion passed unanimously. o Mr. Price moved for approval of recommendation. the motion. Motion passed unanimously. Motion was seconded. The DBE Plan would be brought back at the December board meeting. Year-End Financial Statements Mr. Titus addressed the board regarding the year-end financial statements. Discussion was held. No action was required. Wright Brothers' Proclamation Mr. Vasey addressed the board regarding the Wright Brothers' Proclamation to be signed by the Board of County Commissioners and presented at their December 16, 2003 Board meeting. Mr. Vasey will also be taking a similar proclamation to the Cities of Everglades and Marco Island and requesting that their city council also make a proclamation. Discussion was held. Recommendation: To accept the proclamation as a joint proclamation with the Airport Authority and the Board of County Commissioners. Mr. Peterka seconded 6. Change Order Policy This item was presented to the board for informational purpose only, notifying the board of the County Purchasing Departments adopted new procedures relating to change orders. No motion was necessary 7. Budget Amendments for FAA Grants Mr. Titus addressed the board regarding the Budget Amendments for FAA Grants. A copy of the Executive Summary and Budget Amendment was distributed at the meeting. Collier County Airport Authority Minutes November 10, 2003 Page 4 1 Recommendation: Approve the Executive Summary and Budget Amendment to be submitted to the Board of County Commissioners for a budget reallocation to meet FAA and FDOT match requirements. Mr. Vasey moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed unanimously. 8. County Manager's Memorandum Mr. Vasey addressed the board regarding the memorandum from the County Manager. Memo dated November 3, 2003 to Commissioner Coyle was discussed as follows: Paragraph 1: The board had no objections to this paragraph. Recommendation: Paragraph 2: there should be no consideration of any alternative use of Everglades Airpark before completion of the economic impact analysis recommended by the Economic Development Council Study Commission on airports in their report dated May 28, 2003. Mr. Doyle moved for approval of recommendation. Mr. Peterka seconded the motion. Mr. Vasey opposed recommendation. Motion passed unanimously, 3 to 1. Recommendation: That no action be precluded because of grant assurances that must be met, we need safety and prudence and termination would not be prudent and we have FAA work in progress and notice to proceed have been received. Mr. Doyle moved for approval of recommendation. Mr. Vasey seconded the motion. Motion passed unanimously. Recommendation: Paragraph 3: No objection as'long as this is requiring us to consider outsourcing a commission basis but is opposed to this as a mandate. Mr. Doyle moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. Recommendation: Paragraph 4: We believe it is prudent to review all activities and outsource where possible providing the County has the ability to Collier County Airport Authority Minutes November 10, 2003 Page 5 continue development of the airport with FAA and FDOT grants and assure all safety and service; therefore, any RFP's should reserve the right to reject any or all proposals that do not serve the best interest of the community as determined by the Authority. Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. Item 1: Clearly define that any funds recognized from the sale of durable goods purchased by the CCAA with County General Fund (001) monies are to be refunded to the County General Fund. Recommendation: No objections Mr. Yasey moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed unanimously. Item 2: Final approval of grant awards are to be approved by the BCC. Recommendation: No objections Mr. Peterka moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed unanimously. Item 3: Require that the CCAA schedule and conduct at least one workshop annually with the BCC, prior to submission of their budget request. Recommendation: No objections Mr. Doyle moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. Item 4: Long term leases in excess of 5 years, must be ratified by the BCC Recommendation: No objections Mr. ¥asey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. Item 5: Require annual submission of an update to the 5-year masterwork plan to accompany the tentative annual budget request. Recommendation: No objections Collier County Airport Authority Minutes November 10, 2003 Page 6 Mr. Vasey moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. Item 6: Require the CCAA to provide the BCC with quarterly financial reports, including the status of grant and lease activities. Recommendation: No objection Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. Item 7: The BCC must authorize any national search for the CCAA Executive Director position, prior to the occurrence of such. Recommendation: No objections Doyle opposed Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Mr. Doyle opposed. Motion passed 3 to 1. Item 8: The BCC is to ratify the appointment of and proposed employment agreement of the CCAA Executive Director prior to any offer of employment. Recommendation: objections Mr. Vasey moved for approval of recommendation. Mr. Peterka seconded the motion. Mr. Vasey opposed. Motion passed unanimously 3 to 1. Item 9: Real Property considerations, where the CCAA seeks capital sponsorship from the General Fund should be ratified by the BCC. The board requested clarification. Ms. Stone, from the County Manager's Office, said she would provide clarification to the Board. Item 10: Revise the references to "net income" status for determining when repayments are required, contained in the July 25, 1995 collier County/Airport Authority Agreement for Repayment of County Advances to the Airport Authority, to wording acceptable to the Clerk of Courts. Recommendation: No objections Collier County Airport Authority Minutes November 10, 2003 Page 7 0 Mr. Vasey moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed unanimously. Item 11: Correct 5 scriveners errors contained in the current Code of Laws and Ordinances. Recommendation: No objections Mr. Vasey moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed unanimously. 9. Minutes of October 13, 2003 V-G Everglades Airpark parallel Taxiway Revised Work Order should read as follows: Discussion was held. Recommendation: That the revised work order (CCAA 02-04) assigned to Hole Montes, Inc. for the design phase of the Parallel Taxiway project at Everglades Airpark be approved and authorize the chairman to execute all necessary documents. Mr. Vasey updated the Authority on his meeting with the County Manager to get an update on the status of county's review of the Airport System, should be placed under old business with heading that reads, update on airport system. OLD BUSINESS NEW BUSINESS 1. Proposed Reorganization Mr. Schmidt presented the reorganization chart to the board. Several staff members addressed the board regarding their concerns regarding the airport administration and reorganization of the Airport Authority. The board was asked for any objections. Mr. Price objected to the reorganization and felt it was not necessary. Mr. Doyle, Mr. Peterka and Mr. Vasey said this decision was up to the Executive Director. Collier County Airport Authority Minutes November 10, 2003 Page 8 No action was required by the board. PUBLIC ADJOURNMENT Meeting adjourned at 3:40p.m. AGENDA SUMMARY DECEMBER 8, 20034 AGENDA ITEM NO. B-1 FAA GRANTS CAPITAL IMPROVEMENTS Summary: At the November 10, 2003 Authority meeting an Executive Summary and Budget Amendment was approved for submission to the Board of County Commissioners. The purpose of the Executive Summary was to recognize the FAA grants and to reallocate County match funds among very projects. The Office of Management and Budget reviewed the submissions and determined that the reallocation portion of the Executive Summary was incorrect. Upon the reexamination of the financial data by the Authority staff, it was determined that the Office of Management and Budget was correct in their finding. Therefore, this corrected Executive Summary, only concerning the FAA Grants and excluding the reallocation of County Match funds, is submitted for approval. Recommendation: Approve the Executive Summary to be submitted to the BCC recognizing the award of the FAA grants. EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT RECOGNIZING AWARD OF FEDERAL AVIATION ADMININSTRATION GRANTS, ELIMINATING A PREVIOUSLY APPROVED PROJECT, AND RETURNING NET ADJUSTMENT TO GENERAL FUND Objective: Board of County Commissioners approval of a budget amendment which recognizes the award of three FAA grants, eliminates a previously approved capital project, and authorizes the return of the net adjustment of the sponsor's match to the General Fund. Consideration: On August 25, 2003 the Collier County Airport Authority accepted three grants from the Federal Aviation Administration. The purposes and the amounts of the grants were as follows: Everglades Airpark Design phase of construction of parallel taxiway $128,626 Immokalee Airport Design phase of construction of partial parallel taxiway $150,000 Marco Airport Design phase of parallel taxiway mitigation $135,484 These grants cover 90% of the project cost. The remaining 10% is to come equally from the Florida Department of Transportation and the airport sponsor (the Airport Authority). The Authority's required match is $7,146 for the Everglades grant; $8,333 for the Immokalee grant; and $7,527 for the Marco grant. - A previously approved project in the amount of $800,000 has not received grant funding and the likelihood of receiving grant funding is remote. Therefore, the County match associated with this project in the amount of $40,000 should be returned to the General Fund. The net effect on the General Fund of recognizing the FAA grants and eliminating the previously approved project is as follows: Everglades Parallel taxiway: Design Phase Current Budget Needed Budget Sponsor Sponsor Total Match Total Match 142,918 7,146 Immokalee Partial parallel taxiway: Design Phase 166,667 8,334 800,000 40,000 Security Plan Marco Partial parallel taxiway: Mitigation Design Phase 150,538 7,527 Net decrease in Sponsor's match to be returned to General Fund Difference Sponsor Total Match 142,918 7,146 166,667 8,334 (8OO,O0O) (40,0OO) 150,538 7,527 (16.993~ Fiscal Impact: The budgets for the above projects, which are in Fund 496 (the Airport Authority Capital Fund), will be impacted as shown in the above schedule. The net effect of the budget amendment reflecting these adjustments is that $16,993 will be returned to the General Fund from Fund 496. Growth Management Impact: There is no growth management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approve a budget amendment which recognizes the award of these three FAA grants, eliminates a previously approved capital project, and authorizes the return of the $16,993 net adjustment of the sponsor's match requirement to the General Fund. Prepared by: Date: Bob Titus, Finance Manager Approved by: Gene Schmidt, Executive Director Date: II AGENDA SUMMARY DECEMBER 8, 2003 161 AGENDA ITEM NO. C-1 FLORIDA TRADEPORT UPDATE ADMINISTRATIVE Summary: The Economic Development Council will update the board on the Florida Tradeport Recommendation: No action required AGENDA SUMMARY DECEMBER 8, 2003 1 AGENDA ITEM NO. C-2 UPDATE OF IMMOKALEE MANUFACTURING FACILITY II ADMINISTRATIVE Summary: County Financial Administration and Housing Department will update the Authority regarding the Immokalee Manufacturing Facility II with Gulf Coast American Blinds, Inc. Recommendation: No action required. /3 16t ! AGENDA SUMMARY DECEMBER 8, 2003 AGENDA ITEM NO. C-3 MONTHLY FINANCIAL STATEMENTS ADMINISTRATIVE Summary: The following financial statements are for the year period October 31, 2003 for the Authority's Operating Accounts. Recommendation: For discussion AIRPORT AUTHORITY Operating Account (Fund 495) Comparison of Actual to Budget For the period ended October 31, 2003 Income Net revenue from fuel sales Rentals, leasing and other Income Expenses Personnel services Operating Capital outlay Expenses Cost of (Income from) Operations Reserves, net of carryforward General Fund Transfer Income Net revenue from fuel sales Rentals, leasing and other Income Expenses Personnel services Operating Capital outlay Expenses Cost of (Income from) Operations Budget 32,853 34,131 36,047 28,051 68,900 62,183 Year-To-Date Actual Valance 1,278 4% (7,995) -22% {6,717) -10% Annual Budget 564,800 422,600 987,400 68,331 67,607 (724) -1% 888,300 61,483 51,481 (10,002) -16% 737,800 733 0 (733) 0% 8,800 130,547 119,088 61,648 56,906 (11,459) -9% (4,742) -8% Budget Current Month Actual Variance 32,853 34,131 36,047 28,051 68,900 62,182 68,331 67,607 61,483 51,481 733 0 130,547 119,088 1,278 4% (7,995) -22% (6,717) -10% (724) -1% (10,002) -16% (733) 0% (11,459) -9% 61,648 56,906 (4,742) -8% 1,634,900 647,500 32,100 679,600 AGENDA SUMMARY DECEMBER 8, 2003 AGENDA ITEM NO. D-1 DBE PLAN OLD BUSINESS Summary: The Authority's Disadvantage Business Enterprise (DBE) Plan was presented for approval at the November 10, 2003 meeting. The Authority concluded that it could not approve the Plan at that meeting without having the opportunity to see and study it beforehand. Subsequent to the November 10, 2003 meeting the plan has been submitted to the Authority members. Recommendation: That the Authority approve the DBE Plan previously submitted and discussed at the November 10, 2003 meeting. , Halas .... - Henmng~ .V/~. - Coyle - ~ f - Radio ECe~ttl~autmcauon M.$.T.U. Advisory Commiffee 2705 Horseshoe Drive Sou~h Naples FL 34104 161 S~MMAR ¥ OF MINUTES 11-18-03 Approval of Minutes - October 21, 2003 Bill Jaeger moved to approve the minutes of October 21, 2003. Second by Helen Carella. Carried unanimously 5-0. VI. Landscape Maintenance Report: B. Devonshire Irrigation: Both entrance signs on Radio Road, Santa Barbara and entrance to Applebee & Bellville are all connected to the same irrigation system. Staff recommends the MSTU consider maintaining that particular area as well as the rest. It is legal to do so according to the MSTU's Ordinance. The Committee was very frustrated that the County did not know the right-of- way lines until a recent survey was done. If the Homeowners were to put in a separate system, it would be an enormous cost. They have had problems with the developer and cannot find any plans or permits. Bill Jaeger moved to approve the costs of irrigation and electricity for 2 segments, Applebee & Bellville (public streets) in the Berkshire Commons, off Devonshire as a one time exception, setting no precedence due to the fact there is no other alternative. The Homeowners Assn. will continue the maintenance on that area. Committee also wants County to consider adding the roadway to the Master Plan so it is added to their maintenance. Second by Dale Lewis. Carried unanimously 5-0. Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 November 18, 2003 161 L H. IH. Crystal Kinzel called the meeting to order at 4:26 PM. ATTENDANCE: Members: Crystal Kinzel, Susan Saum, Dale Lewis, Bill Jaeger & Helen Carella County: Bob Petersen - Landscape Operations, Joanne Hartman- Operations Coordinator Others: Robert Kindelan-CLM, Fred Rogers-Berkshire APPROVAL OF MINUTES: October 21, 2003 Bill Jaeger moved to approve the minutes of October 21, 2003. Second by Helen Carella. Carried unanimously 5-0. APPROVAL OF AGENDA: none TRANSPORTATION SERVICES REPORT: A. Budget Report - Bob handed out the Budget. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report- Robert Kindelan Leaks at east end of Radio taken care of - Minor traffic incidents - Normal maintenance done B. Devonshire Irrigation - Bob reported final completion will be done. Both entrance signs on right-of way, on Radio Road, Santa Barbara and entrance at Applebee and Bellville are all connected to the same irrigation system. (Public right-of-way) To sever the connection would have left the areas without irrigation. Little cost to keep it hooked up to the system, and staff would recommend MSTU consider maintaining that particular area as well as the rest. It is legal to do so according to the MSTU's Ordinance. The irrigation would be approx. 20-30 feet on Applebee and approx. 50-60 feet on Bellville. They gained almost 6 feet of right-of-way on both sides that includes the shrubs. The right-of-way changed from the survey. Crystal mentioned she doesn't see any way out of approving the irrigation because they are trying to improve the area. But frustrated because the County took out the exotic trees and shrubs, no 161 improvements for two years, no action on getting fid of the barricade and now the Committee is taking over additional irrigation. Bob stated the problems wouldn't have existed if they would have known where the right-of-way line was. The Developer never paid for any of the improvements. Dale expressed his discontent with the irrigation problem after voting on it and now finding out that is not what they thought it was. Maybe it should be rescinded. He is afraid the committee may be setting a precedent. Bill Jaeger moved to include the MSTU pay for the irrigation to water the plantings on Beilville and Applebee. Motion dies for lack of second. Susan asked about car accidents damaging the irrigation heads. Bob responded it is a pop-up system, and would be unlikely damaged. Fred Rogers (Berkshire resident) stated if the Homeowners were to put in a separate system, it would be an enormous cost. They have had problems with the developer for permits, plans and no information was given or found. Crystal stated Transportation has done nothing with the cut-through to the medians, and asked if they do irrigation now, will it be torn up when they do the cut-through from Transportation again. Bob responded the project is number 10 on a list of 10 of critical areas that need attention. The Committee was frustrated with the County policy and codes in removing plants, medians, not having sufficient knowledge of right-of- ways and many things that developers were never cited for previously. The MSTU ends up paying for past mistakes, making everyone upset. The whole issue needs to be addressed at once. Bob pointed out the two roads are public roadways. The Committee is concerned about future Committees wondering what the MSTU did and not have future committees patch up what they are doing now. It goes back 18 years, but when they took over the Devonshire program, the County should have known where the irrigation was located with the fight-of-way. Bob suggested the MSTU ask the County to redo the Landscape Master Plan to include other collectors including Devonshire. Bill Jaeger moved to approve the costs of irrigation and electricity for 2 segments, Applebee and Beilville (public streets) in the Berkshire Commons, off Devonshire as a one time exception, not 1 2 16.1 setting a precedent due to the fact there is no other alternative. The Homeowners Assn. will continue the maintenance on that area. Committee also wants County to consider adding the roadway to the Landscape Master Plan so it is added to their maintenance. Second by Dale Lewis. Carried unanimously 5-0. VH. VIII. IX. COM1VIITTEE MEMBERS REPORT: None OLD BUSINESS: A. Water Tower Landscaping - Crystal spoke with Michelle Arnold and Water Utilities. Utilities will call back. There is no code to replant along the area. It was discussed to have Commercial Land Maintenance get cost estimates for proper plantings and buffering for the area along the fence. Bob Petersen and Robert/CLM will check the area and bring back a plan and cost estimates at the next meeting. B. Left Turn lane for Devonshire - not currently in design. It was mentioned by Bob - when Crystal calls on the water tower to ask if they would consider painting it green. NEW BUSINESS: A. Crystals resignation/advertise for new member - It was Crystals last meeting and she was thanked for her efforts. Nominations were open for Chairman. Bill moved to nominate Dale Lewis for Chairman. Second by Susan Saum. Being no other nominations, they were closed. Dale declined the nomination for personal reasons. Crystal Kinzei moved to nominate Susan Saum. Second Dale Lewis. Being no other nominations they were closed. Carried unanimously 5-0. Dale remains as Vice Chairman. PUBLIC COMMENTS: None Being no further business to come before the Committee it adjourned at 5:15 PM. The next meeting will be held at 4:30 PM, Tuesday, December 16th, 2003 Collier County Dept. of Transportation Road Maintenance Office 2705 Horseshoe Drive South Naples, FL 34104 Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 December 16, 2003 AGENDA 161 1 CALL MEETING TO ORDER: ATTENDANCE: APPROVAL OF MINUTES: November 18, 2003 APPROVAL OF AGENDA: TRANSPORTATION SERVICES REPORT: A. Budget Report LANDSCAPE MAINTENANCE REPORT: A. Monthly Report COMMITTEE MEMBERS REPORT: OLD BUSINESS: A. Water Tower Landscaping Estimates B. Update on Devonshire NEW BUSINESS: A. New member PUBLIC COMMENTS: ADJOURNMENT: Tke noct meeting will be held at 4:30 PM, Tuesday, January 20th, 2004 Collier County Dept. of Transportation Road Maintenance 2705 Horseshoe Drive South Naples, FL 34104 .o .o .o co --t C ooo ~< ~ - Ill 0 m z mrtt° -.Io mcz zo --I m Om ~Z m m Z ~3 m Z~ C) ~ ~ mo mmqq m m m m 0000000 0000000 0000000 0000000 0000000 ITl Z C~ m rtl Call to order Approval of Minutes COLLIER COUNTY LIBRARY ADVISORY BOARD Wednesday, December 10, 2003 Headquarters Library AGEN~4~ Fiala ~ Halas ,/ff Henning ~ Coyle Coletta _ Literacy Program Report - ProLiteracy America Certification Renewal Report of Officers Communications a - Written b - Personal 16{ I Unfinished Business 1. ImmokaleeLibrary Construction 2. Employee of the Month Nominations for October, November and December 3. Review applications for LAB vacancies 3. Schedule of meetings for 2004 New Business General Considerations Director's Report Report of the Friends Adjournment To: 161 1 Naples, Florida, October 1, 2003 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: VICE-CHAIR: Doris J. Lewis Sabina Musci Diane Williams ALSO PRESENT: John W. Jones, Library Director Marilyn Matthes, Assistant Director Roberta Reiss, Literacy Coordinator Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of August 20th, 2003. She had pointed to a minor error in the ending time of the meeting. It said that the meeting had ended at 3:25 p.m. it should have said 3:55 p.m. instead. Ms. Musci moved, seconded by Mrs. Williams and carded unanimously, that the minutes be approved as submitted. Mrs. Reiss reported on the latest activities concerning the Literacy Program. She distributed copies of the Literacy Program Report to all Board members. She also stated that the new computer lab has become very popular and that it is set for implementation at the Immokalee Branch in the near future. COMMUNICATIONS - None UNFINISHED BUSINESS Mr. Jones stated that the Immokalee Branch construction is coming along very well. It should be finished by the end of December. The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mrs. Musci moved, seconded by Mrs. Williams and carded unanimously, to select Pamela Gharabally from the Children's Department at Headquarters as Employee of the Month for September 2003. Mrs. Matthes reported that the Long Range Plan had been revised and sent to the State Library. The Board had decided to cancel the regular scheduled meeting for October 22nd, unless something urgent came up that needed to be addressed. NEW BUSINESS - None GENERAL CONSIDERATIONS Mrs. Lewis asked if the air conditioning noise at the Headquarters Library had been fixed. Mr. Jones responded that they were still working on it but that it should be done by next month. DIRECTOR'S REPORT- None REPORT OF THE FRIENDS -None ADJOURNMENT There being no further business to come before the Library Advisory Board, Ms. Musci moved, seconded by Mrs. Williams and carried unanimously, that the meeting be adjourned. Time: 2:35 p.m. Hatas - COLMER CO~ p~NG COMM[SS[ON W~L MEET AT 8:30 A.M., ~SDA~, DECeMbER GOVE~E~ CEDE, 330] T~] T~ EAST, N~LES, ~O~D~: , NO~.: INDIVIDU~ SPEA~RS W~ BE LIMED TO 5 M~S ON I~M. ~DIVIDU~S SELEC~D TO SPEAK ON BEeF 'OF ORG~TION OR GROUP ~ ENCOU~GED ~D MAY BE ~LO~D, 10 M~S TO SPEAK ON '~ I~M IF SO ~COG~D BY ~ CH~~. PERSONS WISH~G TO ~ W~N OR G~HIC MA~R~S ~CL~ED ~ T~ CCPC AGE~A PAC~TS MUST S~MIT SMD MA~ A MINIM~ OF 10 DAYS P~OR TO THE ~SPECTI~ P~LIC ~G. ~ CASE, WRI~N MA~S ~NDED TO BE CONSIDE~D BY T~ CCPC S~ BE S~MI~D TO ~ ~PROP~ CO~Y ST~ A M~ OF SE~N DAYS PRIOR TO T~ P~LIC ~A~G. ~L , MA~ USED ~ P~SE~ATIONS BEFO~ T~ CC~ W~L BECOME A / PE~~ PART OF T~ ~CO~ ~ ~L BE AVA~LE FOR / P~SE~A~ON TO T~ BO~ OF CO~Y COMMISSIO~RS APPLIC~LE. ~ PERSON WHO DECIDES TO APPE~ A DECISION OF T~ CC~ W~L ~ED A ~CO~ OF T~ PROCEED~GS PERT~G ~TO, T~FO~ MAY ~ED TO ENS~ ~T A ~A~ ~CO~ OF PROCEED~GS IS MADE, WHICH ~CORD INCL~ES T~ ~ST~O~ EVIDENCE UPON WHICH T~ ~PE~ IS TO BE BASED. NOTE: The public should be advised that two (2) members of the Collier Coun~ Planing Co~ssion (Dwight Rich~dson and Bob Mu~ay) ~e also members of the Commun~ C~racter/Sma~ Growth Adviso~ Commi~ee. In this reg~d, matters co~ng ~fo~ Collier County Planning Co~ssion may come before the Co--unity Ch~acter/Sm~ Gro~ Adviso~ Co~ttee ~om time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - NOVEMBER 20, 2003, AND THE LDC MEETING MINUTES OF NOVEMBER 20, 2003 6. BCC REPORT- RECAPS- DECEMBER 2, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS 1 11. 12. 13. Bo Eo BD-2003-AR-4820, Miles L. Scofield, of Scofield Marine Consulting, representing Damon Warfel, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway. The property is located at 5336 Barefoot Bay Court, further described as Lot 5, Block A, Barefoot Bay~ The property is in Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Joyce Ernst) ' ,' BD-2003-AR-4821, Miles L. Scofield, of Scofield Marine Consulting, representing Damon Wa~el, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the wat6rway. The property is located at 5340 Barefoot Bay Court, further described as Lot 4, Block A, Barefoot Bay. The property is located in Section 6, Township ~48 South, Range 25 East, Collier County, Florida. (Coordinator: Joyce Ernst) VA-2003-AR-4768, Craig R. Woodward, Esq. of Woodward, Pires & Lombard°, P.A., representing Albert Dowacter, requesting a 1.8-foot and a 7.3 foot after-the-fact variance from the requi~ed "MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concem/Special Treatment Zoning Overlay, side yard setback requirement of 7.5 feet to 5.7 feet for a shed on the north side of the property and a 7.3- foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet on the south side of the property for a pool and screen enclosure. The property is located at 38 Clary Road, Pla0, tation Island Unit 2, a platted but unrecorded subdivision, Lot 38; in Section 24, Township 53, Range 29 East, Collier County, Florida. (Coordinator: Michael J. DeRuntz) PUDZ-2002.AR-3411, Robert J. Mulhere, AICP, of RWA, Inc, representing the applicants, Carl M. Nagel, managing partner of CDN Properties LLC, and Thomas Craig, Craig Construction and Restoration, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development for a project to be known as NagelTCraig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in building not to exceed 35 feet in height for 37.5+ acres of property located on the west side of Collier Boulevard approximately ~,4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) CU-2003-AR-4583, Beth Kosmerl/Stuart Kaye, of Kaye Homes, requesting Conditional Use 09 of the "E" zoning district, to allow the continuation of a Model Home/Sales Center per LDC 2.2.3.3. and 2.6.33.4. for 2.85 acres located at 910 39m Street S.W., further described as North 180 feet of Tract 151, Unit 27, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Michele Mosca) CU-2003-AR-4799, Edward B. Hanf, of American Dream Builders, Inc., requesting Conditional Use 9 in the "E" Estates zoning district for a model home and sales center per Section 2.2.3.3. of the Land Development Code. Property is located at 4050 13th Avenue S.W., on the southwest comer of 13th Ave SW and Collier Boulevard (C.R. 951) Golden Gate Estates Unit 26, Tract 119, in Section 15, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5_+ acres. (Coordinator: Michael J. DeRuntz) (Will be rescheduled at a later date.) OLD BUSINESS NEW BUSINESS: A discussion of Resolution 03-10289 from the City of Naples requesting the Collier County Planning Commission to continue the scheduled hearings for PUDA-03-AR-4008 and DOA~03-AR-4777 for a period of 60 days to allow the City of Naples an opportunity to gain additional information as set forth herein and to prepare an appropriate response. I PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN 2 Fiala _ Coyle Coletta IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE 611 Summary of Meeting Previous Minutes and Budget was aplx'oved. V3::l:. Landscape A~chitect= Repo~t: A. Proposal foe Street Lights - Bob Petersen will meet with the MPO office to find out if the G~ant from Phase ZZZ landscaping can be applied to the streets lights. Be Phase ZZB & ZZZ briveway, sidewalks, parking lots, curbing and issues on asphalt and proper driveways were discussed. IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Aaenda January 21~,2004 L IL m. IV. V. CALL MEETING TO ORDER ATTENDANCE APPROVAL OF AGENDA APPROVAL OF MINUTES: November 18, 2003. TRANSPORTATION SERVICES REPORT: A. Budget -Val Prince 1. Reimbursement of Banners to CLM (Chamber) - Cherryl TRANSPORTATION MAINTENANCE REPORT: CLM LANDSCAPE ARCHITECTS REPORT: Mike McGee A. Phase HB & m OLD BUSINESS: A. Extending MSTU Boundary - Bob Petersen B. Code Enforcement Issues - Rick Torres C. Drafted Letter for Property Easements D. Trash Cans for Habitat for Humanity NEW BUSINESS PUBLIC COMMENT ADJOURNMENT The next meeting is scheduled for Wednesday, Februory 18th, 2004 4:00 PM, At the Zmmokolee Community Park 321 First Street South, Immokolee, FL 16i 1 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Minutes November 1% 2003 ZV. Meeting was called to order by Sharon Tiros at 4:X0 PM. ATTENDANCE: Members: Sharon Tiros, Rita Avalos, Dorcus Howard, Cherryle Thomas (Excused) Collier County: Bob Petersen & Val Prince - Landscape Operations, Rick Torres - Code Enforcement Others: Robert Kindelan-¢LM, Lucy O~tiz-Zmmokalee Weed & Seed Neighborhood Restoration Committee, Mike Mcgee-Mcgee & Assoc., Sue ¢hapin-Manpower Services APPROVAL OF A~NDA: APPROVAL OF MINUTES: ~eptember 17, 2003. - A quorum was not established until 4:15 PM. - Rita Avalos arrived at 4:15 PM. TRAN~PORTATZON ~RVZCES REPORT: A. Budget - Val I~ince - handed out the budget and covered the various funds, line items and revenues. Any accident damage from insurance will go back into the lighting maintenance account. Rita asked about the Wate~ & Sewer expense on the October's budget. Val will check and let the committee know at the next meeting. X. Reimbursement of Banners to Q.M (Chamber) - Tabled until the next meeting when Cher~yle can let the Committee know what she found out from the Chamber. Sharon Tiros moved to approve the Budget. ~econd by Do~cus Hmmrd. Corrted unanimously 3-0. TRANSPORTATZON MAZNTENANCE REPORT: - More trash than no~al (Main Street) - Minor irrigation problems eLM Scheduled Christmas banners to be put up after Thanksgiving. When accidents occur on the poles, the banners should be included in the insurance claims. LANDSCAPE ARCHTTECTS REPORT: Mike McGee A. Proposal for Street Lights - presented last month - Bob will meet with the MPO office and find out if the Grant from Phase landscaping can be applied to the streets lights. B. Phase ZZB & TZT - Map shown (attached) - According to the Collier County present policy and right-of-way Ordinance they have to put in driveway aprons when doing the sidewalks. - Sidewalks in place. No drainage problems. - Recommending on N. 3rd street, which is totally paved from edge of road to parking lot, to put the sidewalk in, cutting the existing asphalt and install the concrete walkway. ]:n the locations that will be driven over will be 6 inches thick; making it obvious it is o sidewalk and not a place for people to park. Discussion followed on the various areas of sidewalks, parking lots, curbing and issues on asphalt and proper driveways. The private landowner needs to put in the proper driveways, landscaping, green space and buffers. ]:f parking is on the sidewalks, code enforcement can be contacted. Rick Torres - Code Enforcement agreed and stated they need to call with proper address and they will be issued a Notice of Violation and the owner will then stop using it or pay the Transportation Dept. a fee and get a right-of-way access for the area. Staff recommends concrete, rather than asphalt for the sidewalks. Road maintenance will be contacted for any help they can give. S. 6th street, SE corner has an existing walkway in which they striped the asphalt - Mike McGee recommends continuing the concrete all the way to Hwy ?9. Also discussion followed on the MSTU being reimbursed by MSTO, curbing and drainage on various streets being added into the plans and more Grant pro, acts and funding possibilities. The committee needs to establish a policy on putting a sidewalk on the other side of the street and where they want to start. Grant money will be used first. 161 Mike had not gotten any plans on Phase ~ (1st street to 13th) yet but displayed the old Master Plan. &ave a short update on gaining more landscaping and suggested a turn lane. A public meeting will have to be held. V~. OLD BU~B~NE,~S: A. Banners - discussed earlier. B. Extending MSTU Boundary - Bob Peteesen - has not heard back from the Legal Dept. yet. C:. New Member - none D. Code Enforcement Zssues - Rick reported they got rid of the coke machine off the sidewalk. North of the Cosinoolst street-there was a new business in an old building and they repoved. Photos were taken: paperwork was pulled and he will take it to the Planning Dept. to find out about the property. E. Drafted Letter for Peoperty Easements - getting a list of addresses for Hwy 29. The letter was drafted and need comments from the Committee - it will be sent to the Committee again for review, comments/changes. F. Trash Cans for Habitat for Humanity - not discussed. &. Change date &/or time of Meetings - December meeting is cancelled. ~Tanuary meeting will be Wednesday the 21st. Rita moved to approve the minutes of september 17th, 2003. Second by l:xecus. Carried unanimeu~ly 3-0. TX. NEW BU,C~NE,SS - None PUBLI:¢ CO/~MENT- None Being no further business to come before the Committee the meeting was adJauened at 5:35 PM. The next meeting is scheduled for Wednesday, ,Tanuary 21st, 2004 4:00 PM At the Immokalee Community Park 321 First Street South, Immokalee, FL kuo ~ooo~§o~ ~oooo~o~ 0000~0 L~ 888 888 888 .... ~ ~.... :::Ie r:Qe ~t ~~ ~;:~ ;:.§e ~ ~ e-~ ""a<J)~ e ... oS ~ S:å'I"'J~ " :::I Q 0 - I:t Q II) ~ N I:t r:Q t ~~ ~.s ~ ~ 00 E ! ~ , OJ 16 a:: ~ ~ , Q. ð ~ 16. 1 ~ ~ ]i, '" c: .s: E ,.,2 e ~ 8 ::J ~ac ~ so!!! GI ,.,a. .. '2.!!! c ~-g ~ ~~ : g;::e : ~(t) .. ;::8 ~ ~N c!! at I!! ¡( 15 Õ >1;) C .Q ,., .. "0 '" 8 OJ a. '0 ~~ ~~ :BE ~u:I ~,g eo ~,., 6. I!! .¡¡; ~ !~ &!~~ cOcnWE¥ ~1-:S~::::I,g¡ ~~::IZ8~ tII&!~~",t'! =WOI--g~ i~u.~æ§ tII::I~Zã!C: ::::IZc(::I_S! .!!! a:: 1-0 8.r3 .W~O"O._ G;!zotuÆ~ ~wU)(I)o~ ;:>-:lcn"O~ ~..J W I!! ~.s ~~Oc(~t'! "~OE~ GlWa::õ E \,Q It') ~ "1::t ;:: ~ ,~ ;: ;:: ~ ~~ ~Q ~Q ~t ~~ <;:~ ;:~Q .~ &~ ~VJ~ ~C~ :,.. ~ ~ ;;:-"('t:)~ 11 Q C' ~ Q f./.) ~ C"-I ~ ~ t¡ ~~ ~ c - ~ ~ u ~o ;: ! ~~ 00 WO IX:~ M >0 WO IX:N >~ WO IX:~ I-M (/)0 W~ t>w wc "0 alO o IX: I-W (/)1- OZ OW o MM..-I'--O CO\{)I'--CO"- ÓMC\Í~Ó ..-I'--M..- co..- 0000000 0000000 ÓÓÓÓÓÓÓ 0000 00 ..-\{)\{)..- COM I.!'i",:c:õ ~I.!'i 0) ..-..- N \() W ...I !:: I- W ~ Z W ðj IX: UJ :J Z UJ æ Gj æ ~c:::<i!~ ~ ;:EOC:::UJ I- UJI-UJ~ ;:E l-c:::üZ;:E UJ (/)OUJUJ- c::: UJ....J:J<.91- o C:::<{O,æ ....J UJ>üCl ;;~~~~~~ CI(/)I-I-I-~# <{,ZZ,u;..\{) I-I-UJUJI-OUJ Z(/);:E:J(/)u.> UJUJI-OUJ>-¡::: C:::C:::(/)ZC:::c:::<c c:::UJUJ::::ïUJc:::<.9 :JI->UJI-<{UJ ü~~CI~üZ 0000000 Ol'--COONOO ..-..-..-NMNO) ...-.,-..-..-..-0>0> ..-COCO..-COCOCO MMMMM'<t'<t MOOMMOO NCOCONN..-"- 1'--001'--1'--00 NO)O)NNo)O) COCOCOCOCO"-"- ..-0)0)..-..-0)0) 1,6' 1 o q o ~ co ~ co o o ci o M añ M co ~ « ::E ::E ~ (/) UJ ~ Z W ðj IX: Fiala =*=' Halas ", .,' I '" Henning / 16 " ~ Coyle v PARKS AND~'1~llEAiiuN ADVISORY BOAIWMEETING ....... December 17, 2003 - 2:00 pm I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE TO THE FLAG III. INVOCATION I V. APPROVAL OF MINUTES V. AWARD - Geri Lynn Waterbury VI. NEW BUSINESS A. PARAB Vacancies 1. Katherine Todd 2. Debra Sforza 3. John MacDougall 4. John Ribes B. Organ Transplants - C. Friends of the Park - Amanda. no insert D, Athletics·· Murdo. no insert VII. OLD BUSINESS VIII. SPECIFIC UPDATES A. Best Friend Park -- Continued to ??? B. TDC Tag Category "A" for beach renourishment and beach park facìlities BCe item postponed until ]2/16 ',:;~, " C. Children's Museum Final Lease h"JC. LOnes: D. North Naples Regional Park '':'' O¥.~.. Dóte: ..LL~ 1&LJ Ild:f.') /8/0 . ... ..cs. 1 6 '/1-' ....... IX. REPORTS/UPDATES A. Monthly Report ,~" no insel1 B. BCC Recap C. Grants D. Special Event Calendar E. Parks Update F. Recreatìon lJpdate G. Adopt A Park X. MEETING SCIIEDl JLE XI. MEMBER! ADDRESS LIST "7IAPPtt "7ItJL'lÐA't¡S 7tJ ALL ....... 161 11 MINUTES PARKS AND RECREATION ADVISORY BOARD MEETING East Naples Community Park Present: John Ribes, Chainnan Ski Olesky, Vice-Chainnan Frank Donohue Chuck MacMahon John MacDougall Staff: Marla Ramsey, Director Murdo Smith, Beach & Water Supt. Steve Whittier, Recreation Supt. John Veit, Parks Superintendent Joe Delate, Project Manager AmandaT ownsend,Operations Coordinator Barbara Johnson, Sr. Admin Assistant Absent: JetfBrown Mary Ellen Rand Others: Carl Frye Jim Rice, Friends of Oakes I. Call to Order by John Ribes, Chairman II. Pledge to Flag III. Invocation IV. Approval of Minutes - Minutes of last meeting approved v. Awards - postponed until next meeting Added to New business: A. Oaks Boulevard Park Sites B. Mission Statement C. Naples Neighborhood Park VI. New Business A. Oaks Estates Neighborhood Park Property located at SW 20th Avenue and Oaks Boulevard - Commissioner Henning suggested to nearby residents that this property might be suitable for a neighborhood park. The site is heavily wooded and was originally set aside for a school by the owners, Golden Gate Land Trust. Interest is now being expressed to turn a portion of the parcel into a neighborhood park, which would be a walk-to or bike-to park. Joe Delate has looked at the area, which is mostly wetlands, and thought there may be 'l2 acre available for a small park. There are 500 property owners in this area, many with small children. The question was raised that ifthe property were available for free or at a reduced price, could the remainder of the nonnally budgeted amount for land be used for additional development. $250,000, including land and development, is usually allocated for a park. In this case the mitigation costs 1 -"_._....~--_._"----+" . .- ·_o__····_".··~.___>O._..u_~. 1611 must also be considered. It is necessary for P ARAB to receive a completed application for a neighborhood park in December and all applications are voted on in January. A survey should be taken, one signature per household, to obtain information. The location ofthe proposed park should be included in this survey so abutting neighbors to the park may voice their opinion in advance. The survey is extremely important because if any question should arise as to how neighbors had been contacted, etc., the process can easily be stopped. The Department has recently had two positive experiences with neighborhood parks - Isles of Capri and Willoughby - as well as two negative experiences - Livingston Woods and Naples Park. Staff has spent a great deal of time on the two negative efforts. B. Mission Statement: As part of the accreditation process, the Department decided to shorten its current Mission Statement and is asking for P ARAB's approval. New Statement: To benefit the well-being of the people, community, and environment of Collier County. Old Statement: To enhance and improve the quality of life in Collier County by effectively identifying, developing, and delivering comprehensive services and facilities. Motion by Frank Donohue - Accept the new mission statement. Seconded by Ski Olesky. Approved 5-0. C. Naples Park - no discussion. D. Vacancies: Applicants will be interviewed at next meeting. Copies of applications were included in the packet for infonnational purposes. Frank Donohue had recently attended a conference in Sanibel where people from all over the nation discussed beach access, building boat ramps, pennitting projects, etc. Palm Beach County completed a Boating Needs Assessment Study in 2002 to identify problems and recommend solutions to the lack of water access and other issues facing boaters in the locality. As a result their BCC approved a $16 million five year capital funding program to develop new boat launching facilities and to improve and upgrade existing County and Municipal salt water ramps. US Fish and Wildlife Service's Boating Infrastructure Grant Program is designed to provide facilities for transient, non-trailerable boats 16' in length and greater. This program was one of the most competitive grant programs sponsored by Fish and Wildlife Services. 2 .·,_·_····_·_,,·____~__.."..."._..c The third topic was an overview of the newly formed Office of Boating and Waterways within the Florida Fish & Wildlife Conservation Commission. This organization is new, funded by monies from the marina fuel taxes and is involved with supporting infrastruction for boating and access of water, the implementation and administration of competitive grant programs related to boating safety and education and economic development initiatives to promote boating in the state. Old Business Ae Children's Museum. A draft lease was presented for consideration. It mentioned a 25 year term, land rental $100 per year, and sharing the infrastructure costs which have not yet been determined, as well as the Museum being responsible for the monthly electrical, air conditioning, water, sewer, pest control, telephone, trash removal, janitorial services, etc. The design of the museum is being done by the same architectual firm designing the rest of the park buildings. The undetermined percentage for infrastructure cost will probably include a portion of the entrance, lighting, water, electrical, sewer lines, etc. from the entrance to the building and back to the entrance. Nothing has been determined at this point. The group wishes to have a signed lease agreement by January the latest so a fund raising campaign can begin. A signed agreement would afford donors a certain comfort level when contributing money. ag Golden Gate Neighborhood Park - the owners for four parcels is still undetermined. Lot #1 has a current value of $32,709, lots 2 through 5 are valued at $27,900 each, bringing the total value of the five lots to $144,309. A survey should be conducted and an application submitted in December so that it will be voted on in January. One of the sheriff deputies in Golden Gate has expressed his approval of a park in this area. The Department is concerned about possible vandalism and maintenance, as this is a rental area. Specific Updates Sunshine Law/Public Records Meeting- meetings conducted by the County Attorney's office will be held 12/12 and 1/14th. Any member who has not previously attended one of these sessions is encouraged to attend. North Naples Regional Park - The SDP has been resubmitted and getting closer to a final price for the entire project. The per-application meeting for the building permit will be held 12/3 and hopefully the application will be submitted soon after. Some additional well permits for the pool are needed and there are some loose ends with the architect - not in the total dollar 161:1 amount but moving some of the money around. The fence to be located on the property line will be added to the scope of work with Kraft. Right-of- ways have been vacated so there will be no stray easements across the property. The road construction is about on schedule; our Section is about a year from completion. Changes are necessary in the pump system and filters for back washing at the pool and a budget should be received soon. In the near future, a figure for the entire package from the beginning to end will be available. Soil borings will be conducted by one of the County's annual contractors. A slough will be cleared throughout the site and the borings will provide information regarding rock, etc. that may be encountered. The site itself is staring to dry up after the rainy season. Ce Willoughby Neighborhood Park - the grand opening will be held this Saturday at 11 o'clock and everyone is invited. The site is located on Mentor - off Euclid - and there will be a ribbon cutting, hot dogs, coke, and a clown for the children. IX. Reports/Updates A. Monthly Report for September and October. No comments Be BCC Recaps. In addition, BCC approved the settlement agreement with WCI which will enable the Department to move forward with the construction of the Vanderbilt Beach parking garage. Facility Management will actually oversee this project and a meeting is scheduled tomorrow to discuss any needs in addition to the 350 parking spaces, i.e storage for chairs/etc, as well as space for furore trams. On December 2nd the Beach Access issue will be going before the BCC; all members are invited to be present at this meeting to speak in favor of the Department receiving TDC monies for beach access and improvements to park facilities. Staff's recommending that $2,000,000 be taken from the top of TDC revenue for land acquisition and this amount will be adjusted annually accordingly to the revenue. The City of Naples and Marco can still ask for money for their projects. Gulf Coast Skimmers issue - was pulled from BCC agenda due to concerns by staff. This agreement would terminate the lease but the County would have to build the boathouse and all of the buildings within 5 years, the group still be called the Gulf Coast Skimmers, the program expanded, and current members have their membership extended for the next two years. A ski show would also have to be provided every weekend. Currently there are only 12 kids in the program so the program would have to be expanded. At one time there were approximately 150 people involved. If homeowners surrounding 4 1.61 1.. Sugden have any concerns with the termination of the lease, they should have a conversation with Public Services Administrator, John Dunnuck. Co Grants - An application has been submitted to Big Cypress Basin for installation of a central computerized irrigation system that will be completed in phases. This application was for the South Section facilities - Bayview, Eagle Lakes, East Naples Community Park, Golden Gate Community Park and Gulf Coast Little League. This would be a 50% match grant. The results of the installation should reflect approximately a 40% reduction in water usage and 50% savings in costs. Special Events - Snow is coming to Golden Gate on December 6th and to Immokalee on December 13th. In addition, his year there will be a toboggan hill with carpet - but no snow - and there may be a skiing oppommity. Salute to America was held Saturday November 8th at Sugden with approximately 300 "older generation" guests in attendance. The entertainment - sounds of Andrews Sisters and Harry James - was awesome and the older crowd really enjoyed the music. Hopefully that group can be brought back again. E. Parks Update - Joe spoke about items on the Parks Update List. Recreation - the Winter Recreation Guide should be ready next month. The purchase of the registration software was approved by the Board. A meeting has been held with the School District requesting sites for summer camps next year. Gw Adopt A Park- Chuck - Bayview looks OK. It is extremely busy on the week-ends and does not have ample parking. The Department is attempting to purchase land along that street. Sugden looks nice and clean. East Naples Community Park - had a chance to watch the football All Stars practice and as soon as the practice was completed the soccer players took over. The fields are receiving a great deal of use. Next meeting will be held December 17th. 'Candidates for the PARAB vacancies will be · held'at ~s time. Marla wilIbeon Vacation and Murdo will conduct the meeting. Adjourned 3:30. 5 Fiala Halas Henning Coyle Coletta I. II. IlL IV. V. VI. VII. IX. XI. XII. XIIL XIV. XV. 2705 Horseshoe Drive South Naples, FL 34104 DECEMBER 18, 2003 AGENDA Call meeting to order. Attendance: Approval of Agenda Approval of Minutes - October 16, 2003 Landscape Maintenance Report Grant Award - Diane Fiagg Hearing of the Public A. Lely Entrance Signs B. Other Lely Entrance Signs A. Update - Tony Branco Transportation Operations Report - Bob Petersen A. Current Budget Committee Reports: A. Budget Projection Report - Bill Erickson B. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee Landscape Architect's Report - Mike McGee Old Business: A. Risk Management Update New Business: a. Time Table for Front Entrance Landscaping b. Required Motions which are necessary to proceed on Fr~ Entr~.,;;~ ~ .,, , . c. Other ~::~,, t;(Ir~-$. Public Comments: Adjournment The next meeting will be January 15~ 2004 at 4:00 PM Collier County Landscape Operations 2705 Horseshoe Dr. South Naples, FL 34104 Fiala v/ / Halas - Henning_ Coyte Coletta ~lsoe¥ ~ommltt~ 2685 Horseshoe Drive South Naples, FL 34104 SUMMARY AND MOTIONS December 4, 2003 III. IVo Vo VIo Approval of Minutes: Charles Arthur moved to accept the minutes for November 5, 2003. Second by Lew Schmidt. Carried unanimously 3-0. Approval of Agenda: Lew Schmidt moved to approve the Agenda as presented. Second by Charles Arthur. Carried unanimously 3-0. Transportation Services Report: A. Budget Report - carryover figures were discussed not being in the current Budget. Will discuss further in January. Lew Schmidt moved to approve the Budget. Second by Charles Arthur. Carried unanimously 3-0. Old Business: Wilson Miller does not have a purchase order yet but has been doing some preliminary work and will give a report at the January meeting. 2705 Horseshoe Drive South Naples, FL 34104 January 8, 2004 AGENDA VII. CAI.I. MEE'I~NG TO ORDER APPROVAL OF MINUTES: December 4, 2003 APPROVAL OF AGENDA MASTER PLAN ~RT - W'~on Miller TRANSPORTATION SERVICF3 REPORT: /L Budget Report LANDSCAPE MAINTENANCE REPORT: A. Water at Vanderbilt Beach and Vandcrbih Drive intersection. B. Cesspool problem in front of The Beach House onVanderbilt Beach Road. C. Cost Estimate for Decorative Pavers D. Cost Estimate for raising sidewalk Pavers OI.D BUSINESS: A. Proposed Turnaround/North end of Gulf Shore Dr. B. Benches/List of volunteers C. Review Letter from Appraiser - Charles Arthur D. Status of Tree on north side of Egret - Bob Petersen E. Status of BCC 50/50 funding issue - Dick Lydon NEW BUSINESS: PUBLIC COMMENTS ADJOURNMF2qT The next meeting is scheduled for 2:00 PM, February 5, 2004 AT ST. ~TOHN$ CATHOde CHURCH 625 111TM Aw. 2705 Horseshoe Drive South Naples, FL 34104 December 4, 2003 Minutes III. Vo Meeting was called to order by Bud Martin, Vice Chairman at 2:00 PM. ATFENDANCE: Committee Members: Lew Schmidt, Bud Martin, Charles Arthur, Dick Lydon (Excused), Carol Wright (Excused) Collier County: Bob Petersen, Joanne Hartman Others: Robert Kindelan-Commercial Land Maintenance, Sue Chapin- Manpower Services. APPROVAL OF MIN~: November 5, 2003 Charles Arthur moved to accept the minutes for November 5, 2003. Second by Lew Schmidt. Carried unanimously 3-0. APPROVAL OF AGENDA Lew Schmidt moved to approve the agenda as presented. Second by Charles Arthur. Carried unanimously 3-0. TRANSPORTATION SERVICES REPORT: A. Budget Report - Joanne handed out the Budget and covered the various lines items. - The Budget Amendment for Wilson-Miller has not been process yet but are doing some preliminary work. - Discussion followed on the carryover figures not being in the current line items of the Budget and will be recognized when the audit is finished. Will be discussed at the January meeting. Bob discussed replacement of landscaping grasses/plants. There are specific allowable plants for right-of-way areas. Truck traffic is destroying some of the plant material - so decorative pavers were discussed. Commercial Land Maintenance will get cost estimates to be presented at the January meeting. Bob discussed raising the curbing in different areas and will meet with Road Maintenance and Traffic Operations for ideas of correcting the problems. Lew Sc. hmidt moved to approve fl~e Budget. Second by Charles Arthur. Carried unanimously 3-0. LANDSCAPE MAINTENANCE REPORT: A. Water at Vanderbilt Beach and Vanderbilt Drive intersection. Robert checked the irrigation and found no leaks. It was discussed to check with the Regatta to fred out if they are irrigating the area also, as Lew said the water is going on every day causing excess water in that area. If that is not the problem, Bob will talk with Road Maintenance and see if there is a drainage issue since the swale is flooded. Robert will turn his imgafion off until the problem is resolved. B Cesspool problem in front of The Beach Home on Vanderbilt Beach Road. It had been suggested at the last meeting that Dick register a complaint with the County Manager since he had sent several e-mails concerning the subject with no response. Dick was not present at the meeting. Robem Report: Regular Maintenance done Trimming Some plant material and palms are too dose to the sidewalk & will be trimmed. Irrigation problems are vandalism Sidewalk pavers are too low and will bring an estimate to raise them to the January meeting. Discussion followed on different types of mulch, stone and grasses. Bob suggested a dwarf ficus could be used in various areas. OLD BUSINESS: A. Proposed Turnaround/North end of Gulf Shore Dr. - nothing to report. B. Benches - are finished. A list of the volunteers will be compiled in order to send a thank you letter of appreciation. C. Review Letter from Appraiser - Charles had no information at this time. D. Status of Tree on north side of Egret - It is alleged a Homeowner removed a Coconut Palm from the County right-of-way onto their own property. It was suggested a letter from the MSTU Chairman be written to the Homeowner to move the ~xee back or pay the MSTU the price of the tree. Bob will check the original plans on ownership of the tree and report at the January meeting before a letter is issued. E. Status of BCC 50/50 funding issue - The Committee needs to present a public petition to the BCC or speak with a Commissioner to get on the Agenda concerning the Wilson Miller Master Plan. F. Status of Mr. Martin's aV/endancc - The Ordinance on attendance was discussed and explained. The Ordinance states any member of an Advisory Committee cannot have more than two unexcused absences or a total of 6 absences before they can no longer serve. Bud Martin apologized for his absences and not staying in contact with the Committee. He would still like to serve on the Committee, but will be away in the summer and parts of the spring and fall. - Bob mentioned again they do not have a Purchase Order for Wilson Miller yet but will have them at the January meeting for a report. - An Agenda item will be created for them until they are finished. NEW BUSINESS: * The Committee decided to change the date of their January meeting to Thursday the 8th. · Bob will give Lew a tour of the District seeing he is a new member. · Joanne will put together a "New Member Packet~ with a copy of the Ordinance for Lew. · A letter of thanks will be sentby Sue Filsons office to BJ. Savard- Boyer for her contribution to the Committee. PUBLIC COMMENTS - None Being no further business to come before the committee Charles moved to adjourn. Second by Lew Schmidt. Meeting adjourned at 3:00 PM. The next meting is scheduled for Thursday, 2:00 PAR, Sanueey 8th, 2003 AT ST. ~OHN$ CATHOL:ZC CHURCH 625 111 v~ Ave. Naples, FL o~oo >o ~>~ m < 888 888 0 o 000 8o°8 161 i 888 8o°8 000000 O0 o0~ 000000o000 ...... bbbbbbbbb 888888000000000 0000000000000000 ~bb ..... b''b X '0 m Z 0 0 -.i ITl Collier Coun oI ! RECEI December 18, 2003 - 3:00 p.m. Financial Administration and Housing Community Development and Environmental Services 2800 N. Horseshoe Drive, Naples, Florida 34104 Main Conference Room Agenda II. Old Business a, III. New Business a. Call Meeting to Order and Roll Call d. IV. Announcements Approval of September 18, 2003 meeting minutes Review and ranking of FY 2004-2005 Community Development Block Grant (CDBG) Public Services applications. Update and approval of an extension for the State of Florida Small Cities CDBG Program (Economic Development) for the Manufacturing Facility II at Immokalee Regional Airport, CDBG 00-DB-6B-09-21-01 -E05. Review of CATF member applications and recommendation to Board of County Commissioners Discussion regarding CDBG dollars returned by the County for the Linwood Drainage project from FY 02-03 a. Letter from the U.S. Department of Housing and Urban Development regarding the Annual Community Assessment 2002 Program Year - CDBG Program b. Date of next CATF meeting V. Adjournment of Meeting G:\CDBG\Citizen Advisory Task Force~2003 CATF Meetings\Dec 18-03 Mtg\CATF Agenda.doc CITIZENS ADVISORY TASK FORCE COMMITTEE December 18, 2003 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 3:02 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy X Fred Thomas X Ellen Christian-Myers X David Corban X Russell Tuff X Staff Present: Financial Administration and Housing (FAH) staff- Denny Baker, Lee Combs, Rosa Mufioz, Janeen Person, Julia Langhorn, Gary Young and Susan Alden. II. Old Business a. The minutes of the September 18, 2003 meeting were approved 5-0. m. New Business a. The CATF reviewed six (6) FY 2004-2005 Community Development Block Grant (CDBG) Public Services applications and voted that projects submitted by the Empowerment Alliance of Southwest Florida Community Development Corporation, David Lawrence Center, and the Immokalee Multicultural Multipurpose Community Action Agency, Inc. (IMMCAA) be recommended to the BCC for full funding predicated upon the satisfactory submission of additional documentation by a specific date to be determined. Projects submitted by St. Matthew's House and Youth Haven were recommended for funding on the "B" list if sufficient funds are available. NOTE: a court reporter was present for this portion of the meeting and a transcript will be available. b. The CATF was given an update of the Small Cities Community Development Block Grant- Immokalee Manufacturing Facility II. An extension is necessary to allow a new participating party, Florida Architectural Products, Inc. (FAP) adequate time to create the required jobs before the terminate date of the CDBG Award Agreement. Fred Thomas made a motion to request a one-year extension to the CDBG Award Agreement (until March 27, 2 2005) from the Florida Department of Community Affairs (DCA). Russell Tuff seconded. The motion was approved 5-0. c. The CATF reviewed member applications. The three members whose terms were expiring-- David Corban, Ellen Christian-Myers and William McCarthy--all applied to continue on the CATF. Each member excused themselves from the vote on their own recommendation to the BCC. The motion on David Corban was made by Fred Thomas and seconded by Ellen Christian-Myers; the vote to approve was 4-0. The motion on Ellen Christian-Myers was made by Fred Thomas and seconded by Russell Tuff; the vote to approve was 4-0. The motion on William McCarthy was made by Fred Thomas and seconded by Ellen Christian - Myers; the vote to approve was 4-0. d. A discussion was held regarding the return by the County of the CDBG funds awarded to the Linwood Drainage project from FY 02-03. A motion was made by Fred Thomas to reallocate all of the $329,046 to projects in Copeland. A second was made by Ellen Christian-Myers. The motion carried 5-0. Specific proposed projects will be presented to the CATF by staff at the next meeting. IV. Announcements a. A letter from the U.S. Department of Housing and Urban Development (HUD) regarding the 2002 Program Year CDBG program was reviewed. Collier County received praise from HUD for achievements when the County is such a new Entitlement community. b. The date of the next CATF meeting is tentatively scheduled for February 12, 2004 at 4:00 p.m. V. The meeting was adjourned by 5:25 p.m. G:\CDBG\Citizen Advisory Task Force\2003 CATF Meetings\Dec 18-03 Mtg\CATF Minutes 12-18-03.doc 3 161 ENVIRONMENTAL ADVISORY COUNCIL AGENDA WEDNESDAY, JANUARY 7, 2003 9:00 A.M. Commission Boardroom Henrfing- - Coyle - I,?/ Coletta _ -- RECEIVED DEC 3 1 2003 ~o~rd of County Comm~ss W. Harmon Turner Building (Building "F") - Third Floor II. III. IV. Roll Call Approval of Agenda Approval of December 8, 2003 Meeting Minutes Land Use Petitions Old Business: LDC Amendments 3.8 Environmental Impact Statements 3.9 Vegetation Removal 3.11 Listed Species 3.13 Coastal Construction Setback Line Variance VI. VII. VIII. New Business: Listed Species Council Member Comments Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on January 2~ 2004 if you cannot attend this meeting or if you have a conflict and will abstain from votinq on a petition (403-2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testi~CJ~ ~1 ~vidence uponwh ich the appeal is to be based. ['~ ~ ~ : .~ ,l' ~ I~/~ ~ ~ m~ -- December 8, 2003 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room, 3rd Floor, Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 A.M. December 8, 2003 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 o'clock a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Alexandra Ellis, Vice-Chairman William W. Hughes Alfred F. Gal, Jr. Kenneth Humiston, PE Michael Sorrell Collier County Staff.' Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney Barbara Burgeson, Senior Environmental Specialist Stephen Lenberger, Environmental Specialist Russell Webb, Principal Planner Page I ENVIRONMENTAL ADVISORY COUNCIL AGENDA 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor II. III. IV. VI. VII. VIII. Roll Call Approval of Agenda Approval of November 5, 2003 Meeting Minutes Land Use Petitions Aw Planned Unit Development No. PUDZ-2003-AR-3764 "St. John the Evangelist Catholic Church PUD" Section 21, Township 48 South, Range 25 East Old Business: LDC Amendments (continued from November meeting) New Business: Council Member Comments Public Comments IX. Adjournment Council Members: 'Please notify the Environmental Services Department Administrative Assistant no later than $:00 p.m. on ~..~~ ~ if you cannc,[ attend this meetin_~ or if you have a conflict and will abstain from votin.cl on a petition. (403-2424~. General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 161 ! December 8, 2003 1. Roil Call -The meeting was called to order at 9:00 o'clock a.m. A quorum was established. Members: Present, Alexandra Ellis, William W. Hughes, Alfred F. Gal, Jr., Kenneth Humiston, PE, Michael Son'ell. Excused Absences, Thomas Sansbury, Edward Carlson, Erica Lynn, Ph.D Collier County Staff: Marjorie Student, Esquire; Patrick White, Esquire; Barbara Burgeson; Donald Schneider; Stephen Lenberger; Fred Reischl; Russell Webb' II. Approval of Agenda CSL Variance discussion for clarification was added under Old Business. --Summary of conflict forms under Old Business III. Approval of Meeting Minutes A. November 5, 2003 Minutes were approved unanimously with no changes. IV. Land Use Petitions A. Planned Unit Development No. PUDZ--2003-AR-3764 "St. John the Evangelist Catholic Church PUD" Section 21, Township 48 South, Range 25 East SPEAKERS: All speakers were sworn in. Michael Fernandez, Planning and Development, representing Petitioner, St. John the Evangelist Catholic Church, existing PUD has master plan, new master plan is proposed, current master plan indicates 2 December 8, 2003 100% mitigation, no retained vegetation requirement, proposed amended master plan proposes to retain .82 acres of native habitat and balance of requirement is in the form of preservation mitigation. Urban site, in coastal area. Tortoise population has been relocated off-site. Couple tortoises will be retained on-site. Wetlands in front of site were mitigated with created wetlands in the rear that are sustained by the water management system. There will be no jurisdictional wetlands on this site. Developer is required to pay fee to set aside land in the panther habitat, petitioner has done so. -Motion was made to approve petition, motion was seconded, motion carried 5-0. V. Old Business LDC Amendments Attachment B. Tab K. 3.8 Environmental Impact Statements 11/24/03 Draft -Barbara Burgeson, 3.8 was approved, there is nothing in ElS section that identifies when and how often it needs updating. Sometime EIS is three or four years old and there are wildlife issues on site, clarification is needed on how often wildlife surveys need to be updated. Language will be put in today re changes. There is no provision that requires re-survey to determine how many tortoises are still in the preserve. Follow up studies are needed to see how successful relocation is, can be included in 3.11 in gopher tortoise section. All EIS come to the EAC. Some projects may qualify for waiver. There is a process where the 161 December 8, 2003 petitioner may bring a project back before the EAC if they have issues and want to appeal. Attachment D. Tab M. 3.11 Listed Species 10/16/03 Draft -Barbara Burgeson, Must stay strictly within GMP language at this point in time and during the GMP glitch cycle for which language is being created right now and that will be brought before the EAC in February or March. At that time the changes to the GMP will be presented which are necessary to facilitate the changes the EAC had recommended in 3.11. Recommendations or options paper will be presented. SPEAKERS Nancy Payton, Florida Wildlife Federation, would like Collier County govemment to take responsibility for the protection of individual listed species and listed species populations within Collier County. Would like County to implement a uniform procedure to ensure that technical assistance will be requested from the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service on appropriate development applications with an as broad based interpretation as possible. County needs to develop and implement specific planning strategies and management plans for listed species such as Bald Eagle, Red Cockaded Woodpeckers, Piping Plovers, Wood Stork, Florida Panther, Florida Black Bear and Big Cypress Fox Squirrel, among others. 4 Discussion 16,!'1 1 December 8, 2003 -Collier County is required to request technical assistance from the agencies. -Ave Mafia did not require EIS because the majority of site is impacted, they have less than ten acres of native vegetation, it was identified and pulled out specifically to avoid impact. -Brad Comell, Collier County Audubon Society, agrees with Nancy Payton, Collier County needs its own policies to protect Collier County wildlife. Advocates that language in GMP now is sufficient to allow Collier County staff discretion to not accept a take where Collier County loses a nest or any listed species. Discussion -There is an obligation through vegetation protection section of Code to combine preserves to off site preservation areas and natural reserves, and state and federal preservation areas. -Language obligates creation of corridors or greenways in the rural fringe. -Regarding the Wiggins Pass eagle, there has been no effort for a take on the eagle, and plan to preserve eagle nest is being worked on. -Revised EIS language will require presentation before the EAC if there are any protected species on a site being developed. - Attachment C. Tab L. 3.9 Vegetation Removal 11/24/03 -Barbara Burgeson, all changes discussed at last EAC meeting were incorporated. Page 10 preserve area criteria important for EAC to utilize in 5 December 8, 2003 future. Petitioner will be required to identify highest quality habitat first for preservation. -Brad Cornell, Collier County Audubon Society, made mistake under Mitigation 3.9.5.3 B1 (b), would like language that was changed put back to original language. -Motion was made that Paragraph 3.9 5.3 B l(b) be reinserted into the Land Development Code, motion was seconded, motion carried 5-0. -Discussion -EAC cannot grant variance, only advisory capacity. -3.9.6.3, type of open space is defined in one and two below, does not have to be open to line of sight. -Some areas of Collier County are more environmentally sensitive than other areas. Some areas of Collier County have more of a development expectation than other areas. Requirements are different, from urban lands through the rural fringe district to the eastern lands there are a different set of requirements that are progressively more restrictive with regard to environmental considerations. Vegetation retention standards are much less in the urban areas than they are in the rural fringe and standards that relate to developments that abut conservation lands within the rural fringe mixed use district are much more stringent and explicit than those in the urban land use category. -Motion was made to approve amendment, motion was seconded, motion carried 5-0. 6 '1 December 8, 2003 CSL Variance Mr. Humiston stated setback line is straight and shoreline is not; there are places where there should be no activity in front of the CSL. There are other areas where the setback line is pretty far back from the beach, behind active beach and dune system, and there is no environmental benefit to prohibiting activities that do not have an environmental impact. Mr. Humiston does not support the amendment as it was worded. Mr. Humiston previously voted affirmatively on amendment and would like to bring the amendment up for reconsideration. -Mr. Humiston made a motion to bring LDC Section 3.13 Coastal Construction Line Setback Variance up for reconsideration, motion was seconded. -Marjorie Student, Assistant County Attorney, stated there was a problem with reconsidering item from two months ago. -Barbara Burgeson stated matter could be put on agenda and brought back in January with changes for discussion. CCPC at last meeting voted to recommend denial of the language, 6-2. meeting. -Mr. Humiston stated that with the understanding that the Coastal Construction Setback Line variance language will come back before us in January, I withdraw my motion. Conflicts: Thomas W. Sansbury, Vanderbilt Beach RTO Zone District, a measure came or will come before my agency which inured to the special gain or loss of my employer. T61 1 December 8, 2003 Thomas W. Sansbury, LDC Amendments, Cycle 3, Tab C RLSA District, a measure came or will come before my agency which inured to the special gain or loss of my employer. VI. New Business Mr. Hughes stated that a laptop computer with a GPS interface with the County's satellite and aerial photographs interfaced on that would allow much easier tracking for agents in field, would be cost effect and reduce labor. Recommended equipping environmental code enforcement officers with that type of technology and would like staff to look into it. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:30 A.M. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman 161 MEETING DATE: September 18, 2003 MEETING TIME: 3:30 p.m. 4:15 p.m. LOCATION: Horizon Primary Care Center Golden Gate Community Center 5262 Golden Gate Pkwy 4701 Golden Gate Parkway Naples, FL Naples, FL - Room C 1 !. Tour of Horizon Primary Care Center a) Gather in the lobby II. CALL TO ORDER - Meeting After Tour at Golden Gate Community Center Ill, IV. V. a) Attendance taken APPROVAL OF MINUTES a) May 15, 2003 APPROVAL OF AGENDA OLD BUSINESS a) b) c) d) e) RECEiVED DEC 3 I 2003 i~oard of Sounty Commissioners Comments on Tour of Horizon Primary Care Center Collier WE Care Program Update by Margaret Williams Lee County Trauma Center 1. Update by Keith Arnold on behalf of Nathan, President/CEO regarding Lee Memorial Trauma Center Resignation of Wayne Sakamoto 1. Should he be replaced? Speciflj committee goals pursuant to Board direction VI. NEW BusINEss a) Diane. Flagg -Altemative Transportation Modes 1. Discuss the potential of connecting the buq Hospital b) Sharon Downey- RSVP (Senior Volunteer Group) 1. What can RSVP do to help Vii. GENERAL PUBLIC COMMENT routes fr~m the .clinic to NCH 161 Health and Human Services Advisory Committee Thursday, May 15, 2003. 3:30PM Collier County Museum, Lecture Room Collier County Government Complex; 3301 Tamiami Trail, East; Naples Members Present: Mr. Joe Paterno Dr. Joan Colfer Ms. Susan Luenberger -Suarez Ms. Petra Jones Mr. Ernie Bretzmann Ms. Margaret Williams Dr. Carl Sheusi. Ms. Dee Whinnery Mr. George Drobinski Mr. Fielding Epstein The Southwest Florida Workforce Development Board Collier County Health Department Community Foundation The Collier County Mental Health Association The United Way of Collier County Collier County Medical Society A local independent Health Care practitioner The Collier County Public School District The Collier County Hunger and Homeless Coalition Cleveland Clinic Staff Present: Commissioner Jim Coletta and Mr. Barry Williams Others present: Mr. Michael Mastej, Healthy Management Associates; Ms. Liz Freeman, Naples Daily News Mr. Patemo opened the meeting by identifying that a quorum was present. Mr. Paterno asked if there were any changes, corrections deletions to the January meeting minutes. Dr. Colfer made a motion to approve the meeting minutes from November, seconded by Mr. Bre ~t:zmann; motion to approve the minutes was unanimous. Mr. Patemo asked if there was any old business. He asked Barry to provide an update on the Primary Care facility. Barry indicated that he had visited the site and it was nearing completion. It is being built on Golden Gate Parkway. It is anticipated that a certificate of occupancy will occur in mid June. The clinic is operating on Coronado and that there was an enormous flood of referrals to the temporary site. Barry indicated that it appears that the clinic is coming quite well. Barry indicated that the county has supplied funds for the local match and CHSI is receiving their funding to pay their bills. Dr: Colfer indicated that Richard Akin had made himself available with the medical needy crisis. Ernie Bretvxnarm asked if there was a minimum fee of $20 for clients that come to the clinic. Barry indicated that he would ask tMr. Akin. Mr. Bret'zmann indicated the client was mined away if they didn't have the monies. Mr. Coletta suggested that a grant to the Community Foundation be pursued to provide for individuals who do not have the ability 1_61 to pay. Barry indicated *2mt he ?mderstood ',he expectation was that individuals would pay for their service and if they could not they would be asked to sign a payrnen~ agreement indicating that they would pay as they could. Barry also indicated that a question from the last meeting emerged regarding who was monitoring the progress of the clinic. He indicated that the Department of Health has scheduled a monitoring visit and will be coming down in the next few weeks to observe the progress of the project. Mr. Paterno asked Barry to email members regarding the $20 fees. Barry indicated that he wood do so. A question was asked about marketing of the clinic, Barry indicated there was an attempt to limit marketing of the clinic initially until it was fully operational and that referrals were coming mainly from his department and the Health Department. Margaret Williams described the progress of the "We Care" program. This is a program that recruits and offers specialist care for persons identified within the Horizon's clinic. Dr. Sheusi asked if the "We Care" program wood accept referrals from other clinics. Ms. Williams indicated that for now the program is available for the Horizon's Clinic, but that she hoped that as it developed k could expand to provide assistance to other providers in the community. Dr. Colfer mentioned a workgroup that was looking at applying for a Community Access Program grant through the Health Resource Services Administration (HRSA). Dr. Colfer indicated that there could be up to 1 million dollars available. She indicated that the hospitals, Neighborhood Health Clinic, CHSI, Senior Friendships Center, Health Department, Human Services Department were looking at the possibility of applying for this grant either this year or next. Dr. Colfer described that the grant would be used to access specialty care or secondary care in an efficient, professional manner. The grant would give planning dollars to establish a system in providing the links between primary care and specialty care using technology that would provide a mechanism to communicate amongst providers of care for the poor in the community. Dr. Colfer indicated that it wood take a high caliber grant application to be successful where only 10-15% of these applications are approved. Dr. Sheusi asked about getting on Medicaid. Dr. Colfer indicated that Medicaid was difficult for those who weren't considered disabled to get on it. Mr. Paterno asked for a legislative update on the Trauma Center. Mr. Coletta indicated that Senator Saunders had come out with a bill backed by Representative Davis, but it started ambitiously with a $6 per capital versus $4, but then a provision came up that the entire .amount of the liability the county would have wood go into a special trust fund. Both Senator Saunders and Representative Davis withdrew their bills. Mr. Patemo indicated that Barry indicated that there were two issues; one was where a UPL program was accessed with the Broward County Hospital Taxing District to provide funds to the Trauma Center. This was the program that the Lee County Commissioners rejected. Mr. Patemo indicated that it was approved as a loan in Lee County and the County Attorney indicated that this would not be possible fbr the UPL program. Barry indicated that Mr. Coletta was correct that the Lee County Commissioners had not authorized any funds to assist the Trauma Center, which meant the $700,000 in funds that were set aside were not used to assist the Trauma Center. Mr. Patemo indicated that without Lee County Commissioners stepping up it didn't appear that Collier County should seek to step in and provide a solution. Barry indicated that another provision for the program involving Broward County was that a provision was inserted to include Lee Memorial Trauma Center not closing for a year. Barry also indicated that legislation passed in the regular session to set up a special Trauma Center board that would allow for consideration of a special taxing district in the future. Mr. Patemo asked the group its desires whether to dissolve the committee or recommend to the BCC that the committee continue to meet and review these issues that are not resolved. Mr. Bretzmann asked whether or not the group could continue, but perhaps remain dormant and meet only when necessary to address the issues as the need arises. Mr. Coletta could do away with some of the formalities if the committee was allowed to finish its goals and put together a task force with some of the same people, and could meet whenever it was appropriate. He suggested meeting on an as needed basis or 3 or 4 times a year. He suggested that a task fbrce would allow for the group to meet outside of the sunshine laws, which would allow for the group to discuss issues beyond the times of the meeting. You could broaden the scope of the task force, for example addressing the needs of the three hospitals, or communicable diseases, or mosquito control, or any number of issues that the group might decide to pursue. Mr. Coletta indicated that the unmet needs are unbelievable. Mr. Paterno indicated that the committee needed to decide today since the group was sun setting in June to determine whether to continue to be a committee or task force. Dr. Colfer voted for operating as a task force. Mr. Fielding agreed with Mr. Bretzmann that if an issue arose it might be useful to continue as a committee to advise the Board of County Commissioners should an issue like a Trauma Center come to a head. Mr. Patemo indicated that being an advisory committee carried more weight should the group continue as needed. The Trauma Center issue will come up again, and as a task force there would be not as much. Mr. Coletta indicated that the group would need to broaden their scope; that the current issues seemed pretty shallow and without substance beyond the Primary Care Clinic. MI. Coletta indicated that they were limited in what they could do with what the commission had tasked the group to do. Mr. Coletta indicated the group could do either, but it was important to understand the scope of what the group would do, so he could bring it back to the commission for approval. Mr. Coletta indicated that as an advisory committee, the commission had authorized staff to support the needs of the group, whereas, a task force may be difficult to get the support needed. Mr. Fielding indicated that the Trauma Center issue was going to reach a crisis 161 _1 Feint/n .+_he fiature, he indicated that Trauma Center's across the ~ate were experiencing difficult/es. Mr. Coletta asked the ~oup with a show of hands to meet three times a year, or if some issue arose that required an emergency meeting as an advisory committee. The vote was i 0 in favor and ! opposed. Mr. Bretzmann indicated that the original wording of the ordinance suggested looking at the Health and Human Services needs of Collier County, where the group focused on Primary Health Care specifically, that the group should select their next focus. Mr. Coletta suggested meeting in September and a report on where SARS is in the state of Florida, Mr. Sheusi asked about details of the Primary Care Clinic, and where the Trauma Center issue was. Mr. Patemo indicated that they could review these issues and perhaps select another one for the group to take on. Mr. Bretzmann made a motion that the group continue as an advisory committee that meets three times a year that focuses on Primary Care and the Trauma Center, but chooses other Health and Human Services issues if required. Seconded by Susan Luenberger-Suarez. The motion passed unanimously. Mr. Paterno asked about the original 700K and how it would be used. Mr. Coletta indicated that those funds were no longer available and had been returned to the. general fund due to the creation of the primary care clinic using existing funds. Fielding Epstein asked about the bus routes and whether or not it could be connected with the primary care clinic with the hospitals. Mr. Coletta suggested inviting Diane Flagg to the September meeting to discuss the potential of connecting the bus routes. Fielding indicated that having appropriate interpreter services was yet another issue. He stated that often interpreters need to also have clinical knowledge in order to appropriately provide information to physicians. Mr. Coletta indicated that the Senior Volunteer group, RSVP, could come to the meeting in September to provide information on what their group could do. Barry Williams indicated that he could contact Sharon Downey and ask if she could come to the September meeting. Mr. Patemo indicated that it appeared that the group had come up with some issues to provide some direction for the coming year. Mr. Patemo asked if there were any public comments. Being none, Mr. Patemo adjourned the meeting until September. Attendance Sheet: Health & Human Services Committee DATE: September 18, 2003 1. Mr. Joe Patemo 2. Dr. Joan Colfer 3. ~- Ms. Susan Luenberger Suarez 4. ~ Mr. Ed Ferguson 5. ~/Mr. Ed Morton 6. ~.~ Ms. Dee Whinnery 7. v'~ Mr. George Drobinski 8. __~;;;'~,.M'~. Margaret Williams 9. k.,/" lyes. Petra Jones 10. ~/Mr. Emie Bretzmann 11. 4' Mr. Fielding Epstein 12.__ Mr. Wayne Sakamoto 13. ~. ...... Dr. Carl Sheusi 14. ,~qS,,. Ann Campbell 15. ~.Ms. Angela Collins 16. .~? Ms. Katherine Todd Staff: 17. Mr. Jim Coletta, Commissioner, District 5 18. __ Mr. Leo Ochs, Deputy County Manager 19. /---7 Mr. Barry Williams, Human Services Director 20. Mr. John Durmuck, Public Service Administrator Collier We Care Report To: Margaret William; CCMS Executive Director From: Deborah Jonassaint; Collier We Care Referral Service Coordinator Oat~: 9/17/2003 Re: Operational Report Collier We Cam Current Enrollment: Currently, 50 physicians have signed up to volunteer in the program and 35 of those are now ready to begin taking patients. Please fred below a list of the specialties available w/thin the program and number of patients that can be seen. Allergy, Asthma, & Immunology: 6 [] Cardiology: 8 Dermatology: 124 tn Diagnostic Radiology: 10 [] Family Practice: 30 Gastroenterology: 10 Infectious Diseases: Unlimited [] Internal Medicine: 6 Nephrology: 10 [] Obstetric & Gynecolog~ 10 [] Oncology/Hematology: Un'limited [] Ophthalmology: 10 Oral, Maxillofadal Surgery: 10 Orthopedic Surgery: 44 ca Otolaryngology: 22 ca Para Management: 10 ca Physical Medicine, Rehabilitation: 10 [] Plastic Surgery/Facial Reconstructive: 16 ca Podiatry: 52 Pulmonary Medicine: 12 [] Radiation Oncology: Unlimited Rheumatology: 18 General Surgery: 38 Urology: 30 Referrals: Collier We Care has received 21 referrals. Below are the names of physicians who have already seen patients. Also listed are the additional services that were needed. · Dr. Cynthia R. Strohmeyer (Dermatology) o Lab: Pathology services were needed. This was taken care of courtesy of DSI for this patient only. · Dr. William Laskowski has seen 2 patients thus far (Otolaryngology) o Radiology: MI{I-LAC was needed. That was taken care of courtesy of Radiology Regional Center for this patient only. · Catherine Kowal, M.D. (Rheumatology) · Mark Moskowitz, M.D. o Radiology: CT scan was needed. This issue is still pending o DSI: Blood. This issue is pending The specialties we are currently in need of are: Neurology, Cardiology, Orthopedics, Ophthalmology, Gastroenterology, Otolaryngology, and G3mecology/Oncology. naple.snews.com I Printed story TEST To ~int this page, s~lect File then Print from your brow~er. URL: ~p_:fl~_w~w. naplesnews.comlO31071naplesld924045a .htm [] ~ ~;_,~.~ Naples fro_ant_ I Naples arcbiv~e I ~ 'Collier We Care' program to offer medical care to some low-income, uninsured patients Monday, ]uly 21, 2003 ~y I,IZ FREEMAN, _eDfreem;~n~_,naplesnews.c~m The cycle of poverty is facing a blow in Collier County. Three dozen physicians practicing a range of specialties have signed up for a new program to treat low-income and uninsured patients for free when the patients are referred from local clinics that serve the needy. The program, called "Collier We Care," will debut in late July or early August, said Margaret Williams, executive director of the Collier County Medical Society, who has coordinated the program's launch with other agencies. A roster of 36 specialists have agreed to treat the patients in their private practices as long as they are referred from Horizons Primary Care Clinic in Golden Gate, Marion E. Fether Clinic in Immokalee or Senior Friendship Center in Naples. The referral must be for medically necessary treatment. "They must fall into eligibility guidelines," Williams said of patient qualifications involving income, insurance status and age. The referral program has been in the organizing stages since May. Its arrival marks another accomplishment in a continuing effort by the local medical community and civic leaders to create a health-care safety net for the poor. Studies determined 30,000 adults in Collier have no health insurance. The first achievement was opening the Horizons clinic in Golden Gate so needy residents could get basic medical attention for non-emergency illnesses. Horizons opened in April at a temporary location and moved into its permanent clinic location earlier this month at 5262 Golden Gate Parkway. The clinic's operating money is coming from county government, state and federal grants. The next goal was establishing a system so this group of patients could receive specialized care when their conditions warranted it. Traditionally, the poor and uninsured lack a regular source of medical care and use emergency rooms, even for minor ailments, because emergency rooms by law must treat and stabilize everyone regardless of ability to pay. The consequence is a pile of unpaid bills left to hospitals, attending physicians and paying patients who all absorb a share of the expense. Various specialists in the community historically have accepted some uninsured patients through their own referral http://cfapps.naplesnews.com/sendlinkJprintthis-cfm 7/21/2003 naPlcsne, ws. com ] Primed story eage z o~ ~ networks and donate their care. But with decreasing insurance reimbursement and skyrocketing malpractice premiums, doctors are financially squeezed and hard-pressed to continue that service. Under the We Care program, patients must first be seen by a primary-care physician at one of the three clinics. Secondly, the patient's income must be at or below 150 percent of federal poverty guidelines. For a single person, that's an income of $13,000. or less, Williams said. "They can be working or can be unemployed," she said. Other criteria are that patients cannot be covered by Medicaid or 1Medicare, and the age limit is 19 to 64, she said. The participating specialists have been granted sovereign immunity -- protection against medical malpractice claims -- through the state Department of Health for wearing the patients. Some of the specialties covered are cardiology, dermatology, orthopedics, rheumatology, urology, plastic surgery, podiatry, infectious diseases and pain management. When two or more physicians are in the same specialty, they will receive referrals on a rotating basis, she said. The physicians agree to accept 12 new referrals a year or about one new patient a month. When there's only one physician for any given specialty and the maximum referral number has been met, the patients will be put on waiting lists, she said. Non-profit Collier Health Services Inc., which is running Horizons, has about $20,000 to cover the program's starmp expenses. The money is from the state/federal grant that helped get the Horizons clinic opened. "When we applied for the matching (grant) money, we went ahead and wrote in for about $20,000 to get We Care up and nmning," said Richard Akin, chief executive officer of CHSI. The money will pay for a part-time employee to handle the referral system and for the program's administrative expenses, Williams said. The program coordinator is working in the medical sodety's office in Naples. CHSI has mn the Marion E. Fether clinic in lmmokalee for years and its staff experience hardships all the time in getting patients referred to specialists, he said. The Immokalee clinic has a large percentage of low-income and uninsured patients. "Referrals are such a problem," Akin said. "Basically we called up and begged." Frequently the Immokalee clinic has sent patients to specialists in Fort Myers or Miami, he said. What has held many physicians back from takillg refeITals from the clinic is malpractice liability concerns, he said. That won't be an issue with the new program because of the sovereign immunity protection granted to the volunteer physicians under a 1992 state law. The hope is more specialists will take part in the program, he said. "Il'all or most participate, it will really reduce the load any one would take," he said. Williams, of the medical society, said the expectation initially is that the three clinics collectively will refer 30 patients a month. That's based on experiences of other counties with similar programs. http ://cfapps .napl esn ews. corn/s en dl i n k/printthi s. cfm 7/21/2003 naplesnews.com }Printed story Page 3 of 4 Today, We Care programs operate in 21 counties, run by the local medical society and health department. Lee County has a different system that is coordinated by the Salvation Army, Williams said. The Collier physicians will be donating millions of dollars in services to the patients but it's hard to project a figure, Williams said. The numbers will be tracked and quarterly reports will be sent to the state. In addition, the specialists who have hospital admitting privileges with the NCH Healthcare System will admit those patients who need hospital care, she said. Dr. Allen Weiss, president of NCH hospitals, said the hospital system's role will be the same as it's always been, to admit all patients who need hospital care. "We always do that," he said. Still, the new program sets forth a structured referral system for low-income patients to specialists that didn't exist before, he said. formalizes an informal program that has always existed," Weiss said. State health department officials in Tallahassee report the physician volunteer program involves 15,000 physicians statewide today. Last year the physicians donated $89 million in services. Earlier this week, the state announced the physician volunteer program has been named among the top 100 government programs in the United States at the 16th annual Innovations in Government Awards by the Kennedy School of Government at Harvard University, the Ford Foundation and Council for Excellence in Government. ~ E-ma_i/this story to afr e~d, ,~:, F__o_r_m a~t _ t~his_st o r_y_ f o~r printinq. Search our archive fqr related stories: advanced search Navigation: Go tO today's Naples section front Go to our 7-day Naples archive tGo to another section... A~so in today's Naples section: 'Collier We Care' program_to offer medical care to some low-income, .., As Conqress readies action on Head Start proqram, debate simmers Authorities search for man who fell off bridge at Port of the Islands CEO of California .cjt_y'~s.Chamber arrested; allegedly tried to buy drugs ~y~_er PE class' p_D_l~u, larity increasing for high school studerlts ['4ichael Peltier: Not all are focused on mad malpractice this summer Naples teen killed Marco resident iniured in crash on I-4 New medical pla,;a q_ffers_ unique access to NCH Photo: WashinG. the cars Plans for playground park in Naples Park sparks questions, criticism Police Beat: Crime_reports ~t~_n_eJ'~s_s_t. aff ~y_~ Saunders did not violate ethics taws SW Florida businesses assess impact of new indoor smokinq ban law Teen dies in weekend motorcycle crash on 1-75 http ://cfapps. napl e snews, com/s endlink/printthi s. cfm 7/21/2003 rosiak n Subject: Start: End: Show Time As: Health and Human Services Committee Meeting-Horizon Primary Care Center tour 5262 Golden Gate Pkwy at 3:30(across from St. Elizabeth Seaton's Church - then onto Golden Gate Community Center at 4701 Golden Gate Parkway Thu 9/18/2003 3:30 PM Thu 9/18/2003 4:30 PM Out of Office Recurrence: (none) Hello Everyone. It's time for the quarterly meeting of the Health and Human Services Advisory Committee (H&HSAC). An H&HSAC meeting is scheduled for September 18th, 2003 at Horizon Primary Care Center, located at 5262 Golden Gate Pkwy., where we will take a short tour of this new facility and then travel to Golden Gate Community Center to hold a short meeting. Golden Gate Community Center is located nearby at 4701 Golden Gate Parkway. Horizon Primary Care Center is located on the South side of the road East of Santa Barbara about 1/4 mile, just across from St. Elizabeth Seaton's Catholic Church. If you cross the small canal bridge, you've gone too far, if you are traveling east of Santa Barbara on Golden Gate Parkway. (see link to map below) A copy of the agenda is attached for your review. Please note that this agenda is only a draft. The final agenda will be available and distributed at the meeting. I have received notification that the following committee members will be attending: Dee Whinnery Dr. Sheusi K. McClarty for Dr. Colfer Katherine, Todd Joe Paterno Mary Ellen Barrett I have received notification that Ann Campbell and Dr. Colfer that they cannot attend. If your name is not among any of the above, please e-mail me back and let me know your intentions to attend or not attend this meeting, so we'll know whether to expect a quorum or not. If you are an alternate, please let me know. Your assistance with this is greatly appreciated. We hope to see you there. Nancy Rosiak Executive Aide to the BCC Assigned To Commissioner Jim Coletta, District 5 Contact: NEWS RELEASE Chairman Jim Coletta Commissioner, District 5 Collier County Government Center W. Harmon Turner Building (Administration Building F) 3301 E. Tamiami Trail Naples, Florida 34112 Tel: (941) 774-8097 Fax (941) 774-3602 Ms. Nancy Rosiak 774-8097 Building F, 3r~l Floor ATTENTION LOCAL MEDIA FOR IMMEDIATE RELEASE HEAL TH AND HUMAN SERVICES ADVISORY COMMITTEE MEETS (September 8, 2003) Naples, Florida The Health and Human Services Advisory Committee (H&HSAC) will meet on Thursday, September 18, 2003. First, at 3:30 p.m., the Committee will tour the Horizon Primary Care Center, located at 5262 Golden Gate Parkway. Immediately following that, the Committee will travel to the Golden Gate Community Center, located at 4701 Golden Gate Parkway, to have their meeting, which is expected to start around 4:15 p.m. The H&HSAC is slated to discuss the Lee County Trauma Center and clarify specific goals pursuant to the Board's direction at their meeting. There will also be discussion regarding the potential of connecting the bus routes from Horizon Primary Care Center to NCH Hospital, along with hearing what the RSVP (Senior Volunteer Group) can do to assist. Commissioner Coletta stated, "I'm very, very pleased and proud of this Committee's accomplishments. The members are a knowledgeable group that diligently researched ways to reach their goal of opening this new primary care clinic and we are very pleased with the outcome. The public is welcome to attend the meeting. The Tour is not open to the public; however, a Grand Opening Celebration is scheduled for September 25~h at 5:30 for those interested parties. FACSIMILE TRANSMITTAL FORM BOARD OF COLLIER COUNTY COMMISSIONERS 3301 East Tamiami Trail Naples, FL 34112 PHONE (239) 774-8097 FAX: (239) 774-3602 TO: FROM: SUBJECT: This message consists of ~ page(s), including this cover page. Message: If you have any problem receiving all or part of this message please telephone the Commission office at (239) 774-8097. Health and Human Services Advisory Committee Thursday, May 15, 2003. 3:30PM Collier County Museum, Lecture Room Collier County Government Complex; 3301 Tamiami Trail, East; Naples Members Present: Mr. Joe Paterno Dr. Joan Coifer Ms. Susan Luenberger -Suarez Ms. Petra Jones Mr. Ernie Bretzmann Ms. Margaret Williams Dr. Carl Sheusi. Ms. Dee Whinnery Mr. George Drobinski Mr. Fielding Epstein The Southwest Florida Workforce Development Board Collier County Health Department Community Foundation The Collier County Mental Health Association The United Way of Collier County Collier County Medical Society A local independent Health Care practitioner The Collier County Public School District The Collier County Hunger and Homeless Coalition Cleveland Clinic Staff Present: Commissioner Jim Coletta and Mr. Barry Williams Others present: Mr. Michael Mastej, Healthy Management Associates; Ms. Liz Freeman, Naples Daily News Mro Patemo opened the meeting by identifying that a quorum was present. Mr. Paterno asked if there were any changes, corrections deletions to the January meeting minutes. Dr. Colfer made a motion to approve the meeting minutes from November, seconded by Mr. Bretzmann; motion to approve the minutes was unanimous. Mr. Paterno asked if there was any old business. He asked Barry to provide an update on the Primary Care facility. Barry indicated that he had visited the site and it was nearing completion. It is being built on Golden Gate Parkway. It is anticipated that a certificate of occupancy will occur in mid June. The clinic is operating on Coronado and that there was an enormous flood of referrals to the temporary site. Barry indicated that it appears that the clinic is coming quite well. Barry indicated that the county has supplied funds for the local match and CHSI is receiving their funding to pay their bills. Dr. Colfer indicated that Richard Akin had made himself available with the medical needy crisis. Emie Bretzmann asked if there was a minimum fee of $20 for clients that come to the clinic. Barry indicated that he would ask Mr. Akin. Mr. Bretzmann indicated the client was turned away if they didn't have the monies. Mr. Coletta suggested that a grant to the Community Foundation be pursued to provide for individuals who do not have the ability 161 '1" to pay. Barry indicated that he understood the expectation was that individuals would pay for their service and if they could not they would be asked to sign a payment agreement indicating that they would pay as they could. Barry also indicated that a question from the last meeting emerged regarding who was monitoring the progress of the clinic. He indicated that the Department of Health has scheduled a monitoring visit and will be coming down in the next few weeks to observe the progress of the project. Mr. Paterno asked Barry to email members regarding the $20 fees. Barry indicated that he would do so. A question was asked about marketing of the clinic, Barry indicated there was an attempt to limit marketing of the clinic initially until it was fully operational and that referrals were coming mainly from his department and the Health Department. Margaret Williams described the progress of the "We Care" program. This is a program that recruits and offers specialist care for persons identified within the Horizon's clinic. Dr. Sheusi asked if the "We Care" program would accept referrals from other clinics. Ms. Williams indicated that for now the program is available for the Horizon's Clinic, but that she hoped that as it developed it could expand to provide assistance to other providers in the community. Dr. Colfer mentioned a workgroup that was looking at applying for a Community Access Program grant through the Health Resource Services Administration (HRSA). Dr. Colfer indicated that there could be up to 1 million dollars available. She indicated that the hospitals, Neighborhood Health Clinic, CHSI, Senior Friendships Center, Health Department, Human Services Department were looking at the possibility of applying for this grant either this year or next. Dr. Colfer described that the grant would be used to access specialty care or secondary care in an efficient, professional manner. The grant would give planning dollars to establish a system in providing the links between primary care and specialty care using technology that would provide a mechanism to communicate amongst providers of care for the poor in the community. Dr. Colfer indicated that it would take a high caliber grant application to be successful where only 10-15% of these applications are approved. Dr. Sheusi asked about getting on Medicaid. Dr. Colfer indicated that Medicaid was difficult for those who weren't considered disabled to get on it. Mr. Patemo asked for a legislative update on the Trauma Center. Mr. Coletta indicated that Senator Sannders had come out with a bill backed by Representative Davis, but it started ambitiously with a $6 per capital versus $4, but then a provision came up that the entire amount of the liability the county would have would go into a special trust fund. Both Senator Saunders and Representative Davis withdrew their bills. Mr. Paterno indicated that Barry indicated that there were two issues; one was where a UPL program was accessed with the Broward County Hospital Taxing District to provide funds to the Trauma Center. This was the program that the Lee County Commissioners rejected. Mr. Paterno indicated that it was approved as a loan in Lee County and the County Attorney indicated that this would not be possible for the UPL program. Barry indicated that Mr. Coletta was correct that the Lee County Commissioners had not authorized any funds to assist the Trauma Center, which meant the $700,000 in funds that were set aside were not used to assist the Trauma Center° Mr. Patemo indicated that without Lee County Commissioners stepping up it didn't appear that Collier County should seek to step in and provide a solution. Barry indicated that another provision for the program involving Broward County was that a provision was inserted to include Lee Memorial Trauma Center not closing for a year. Barry also indicated that legislation passed in the regular session to set up a special Trauma Center board that would allow for consideration of a special taxing district in the future. Mr. Patemo asked the group its desires whether to dissolve the committee or recommend to the BCC that the committee continue to meet and review these issues that are not resolved. Mr. Bretzmann asked whether or not the group could continue, but perhaps remain dormant and meet only when necessary to address the issues as the need arises. Mr. Coletta could do away with some of the formalities if the committee was allowed to finish its goals and put together a task force with some of the same people, and could meet whenever it was appropriate. He suggested meeting on an as needed basis or 3 or 4 times a year. He suggested that a task force would allow for the group to meet outside of the sunshine laws, which would allow for the group to discuss issues beyond the times of the meeting. You could broaden the scope of the task force, for example addressing the needs of the three hospitals, or communicable diseases, or mosquito control, or any number of issues that the group might decide to pursue. Mr. Coletta indicated that the unmet needs are unbelievable. Mr. Paterno indicated that the committee needed to decide today since the group was sun setting in June to determine whether to continue to be a committee or task force. Dr. Colfer voted for operating as a task force. Mr. Fielding agreed with Mr. Bretzmann that if an issue arose it might be useful to continue as a committee to advise the Board of County Commissioners should an issue like a Trauma Center come to a head° Mr. Paterno indicated that being an advisory committee carried more weight should the group continue as needed. The Trauma Center issue will come up again, and as a task force there would be not as much. Mr. Coletta indicated that the group would need to broaden their scope, that the current issues seemed pretty shallow and without substance beyond the Primary Care Clinic. Mr. Coletta indicated that they were limited in what they could do with what the commission had tasked the group to do. Mr. Coletta indicated the group could do either, but it was important to understand the scope of what the group would do, so he could bring it back to the commission for approval. Mr. Coletta indicated that as an advisory committee, the commission had authorized staff to support the needs of the group, whereas, a task force may be difficult to get the support needed. Mr. Fielding indicated that the Trauma Center issue was going to reach a crisis point in the future, he indicated that Trauma Center's across the state were experiencing difficulties. Mr. Coletta asked the group with a show of hands to meet three times a year, or if some issue arose that required an emergency meeting as an advisory committee. The vote was 10 in favor and 1 opposed. Mr. Bretzmann indicated that the original wording of the ordinance suggested looking at the Health and Human Services needs of Collier County, where the group focused on Primary Health Care specifically, that the group should select their next focus. Mr. Coletta suggested meeting in September and a report on where SARS is in the state of Florida, Mr. Sheusi asked about details of the Primary Care Clinic, and where the Trauma Center issue was. Mr. Patemo indicated that they could review these issues and perhaps select another one for the group to take on. Mr. Bretzmann made a motion that the group continue as an advisory committee that meets three times a year that focuses on Primary Care and the Trauma Center, but chooses other Health and Human Services issues if required. Seconded by Susan Luenberger-Suarez. The motion passed unanimously. Mr. Paterno asked about the original 700K and how it would be used. Mr. Coletta indicated that those funds were no longer available and had been retumed to the general fund due to the creation of the primary care clinic using existing funds. Fielding Epstein asked about the bus routes and whether or not it could be connected with the primary care clinic with the hospitals. Mr. Coletta suggested inviting Diane Flagg to the September meeting to discuss the potential of connecting the bus routes. Fielding indicated that having appropriate interpreter services was yet another issue. He stated that often interpreters need to also have clinical knowledge in order to appropriately provide information to physicians. Mr. Coletta indicated that the Senior Volunteer group, RSVP, could come to the meeting in September to provide information on what their group could do. Barry Williams indicated that he could contact Sharon Downey and ask if she could come to the September meeting. Mr. Paterno indicated that it appeared that the group had come up with some issues to provide some direction for the coming year. Mr. Paterno asked if there were any public comments. Being none, Mr. Patemo adjourned the meeting until September. 16i '¸I rosiak_n From: Sent: To: Subject: WilliamsBarry Friday, May 23, 2003 10:22 AM rosiak n CommUnique to the Health and Human Services Advisory Committee, Minutes, Pictures Nancy, Please find attached pictures of the Horizon's Primary Care Clinic and minutes of the last Health and Human Services Advisory Committee meeting. When you send these out could you also send this note from me in response to a question that arose at last week's meeting? "Dear Health and Human Services Advisory Committee members: At the last Health and Human Services Advisory Committee the question arose regarding the Horizon Clinic's charging of fees, specifically whether the clinic turned folks down if they didn't have $20. I Spoke with Richard Akin, CEO of Collier Health Services, Inc. regarding their policies for requesting payment. He indicated that the clinic does charge fees all of which are placed on the sliding fee scale according to income. There is a minimum fee of $20. Individuals are not turned away if they do not have the $20; however, they meet with a financial counselor to arrange for payment-they are not denied care. Only rarely is anyone turned away. And then only if they refuse to meet and/or work with a financial counselor. Patients are routinely triaged and prioritized according to need and patients with urgent or serious needs are never turned away. It is important to realize that this public/private partnership does not suggest that the services individuals receive at the Horizon's clinic are for free, they are made available at a reasonable cost for individuals without health care insurance through the non-profit organization of Collier Health Services Inc. Also, as mentioned in last week's meeting, please find photographs of the clinic as it reaches completion. The individuals in the photograph are Richard Akin, Chief Executive Officer of Collier Health Services, Inc.; Bill Dillion, Chief of Operations, Collier Health Services, Inc.; Kathy Winn, Program Administrator, Florida Department of Health, and Wayne McDaniels, Consultant Florida Association Community Health Centers. The Department of Health is conducting a monitoring visit across the state to report progress of the clinics. · Our understanding is that the monitoring visit went extremely well and met expectations of the Department of Health. If you have questions, please feel free to contact Richard Akin at 658-3025." Thanks Nancy, Barry DSC00001.JPG DSC00002.JPG DSC00003.JPG DSC00004.JPG DSC00005.]PG DSC00006.JPG DSC00007.]PG DSC00008.]PG DSC00009.JPG DSC00010,]PG May 15, 2003 Minutes.doc MEMORANDUM DATE: August 14, 2003 TO: The Health and Human Services Advisory Committee FROM: Jim Coletta, Commissioner, District~ 5 _ SUBJECT: Opportunities for Collaboration and Change in Health Care Access for Florida's Uninsured Recognizing your personal interest in health care for Florida's uninsured, I have attached the following information that you may find interesting. Please f'md enclosed information papers on "Covering Florida - Expanding Access to Healthcare for the Low-kncome Uninsured," which was presented at a July 10-22, 2003 Conference in Orlando. Cole . . /Commissioner, District 5 JC: nkr Att: Covering Florida papers ! 6 ! "1, Developing Statewide Strateglies Opportunities for Collaboration and Change in Health Care Access for Florida's Uninsured July 10-11,2003 Hyatt Regency Orlando International Airport Orlando, Florida 4 z ! 4 Lbl- TABLE OF CONTENTS Introduction Page 3 The Florida Landscape Page 3 Medicaid Opportunities Page 4 1115 Waivers HIFA Waivers Creative Medicaid Financing: Opportunities to Increase the Federal Match President Bush's Block Grant Proposal Reform in Florida New Product Opportunities Three-Share Plan Health Flex Federally Qualified Health Centers Page 10 Small Group Coverage - Changes and Challenges Mushrooming Costs: How Insurance Premiums Escalate So Quickly Page 12 Challenges and Opportunities for Volunteer Programs Page 15 Sovereign Immunity Federal Torts Claim Act Good Samaritan Acts Federal Volunteer Protection Act of 1997 Florida Volunteer Protection Act, Section 768.1355, Florida Statutes Reaching Those Eligible But Not Enrolled Page 16 A Federal Perspective Other Federal Initiatives Related to Employer Health Coverage Group Purchasing Arrangements Page 17 Endnotes Page 22 References Page 23 This report was compiled by KBT & Associates based on contributions from Cadadenise Edwards, AHCA; Joanne Fuccetlo, Health Policy Consultant; Allyson Hall, University of Florida; Karen Pelham. Flodda Association of Community Health Centers; David Pizzi, Blue Cross & Blue Shield of Florida; Tom Sawyer, attorney; and John Sinibaldi, John Sinibaldi Insurance. Covering Florida Sponsored by: THE BLUE FOUNDATZON FOR A HEALTHY FLORZDA 3ESSZE BALL DUPONT FUND 1N~NTER PARK HEALTH FOUNDAT/ON ROBERT WOOD JOHNSON FOUNDA'T'~ON THROUGH .]AXCARE~, TNC, 161 DEVELOPING STATEWIDE STRATEGIES Opportunities for Collaboration and Change in Health Care Access for Florida's Uninsured INTRODUCTION In the past several years, community groups and coalitions have formed across Florida to help localities address the escalating challenge of providing access to health care for uninsured citizens. These groups have adopted a multitude of strategies - from creating special taxing districts to dedicating specific public revenues to creating new public- private partnerships - in their efforts to improve access to and provide financing for appropriate health care. While some community initiatives are innovative and, as yet, unproven, others are well-established, with histories a-~d track records, in short, Florida presents a rich and varied landscape of locally-based programs addressing the health care needs of the uninsured. To date, however, these programs have operated in relative isolation. Employing different techniques and approaches, responding to uniquely local political stimuli, community leadership has been community focused, with little effort to explore opportunities for collaboration with others engaged in similar work around the state. In March 2003, leaders of these groups and others engaged in similar work were invited to come together under the banner of Covering Florida, a state-wide coalition of those seeking to improve access to health care for the Iow-income uninsured. At that initial gathering, participants began a more detailed exploration of the issue from a statewide perspective and shared the successes and challenges experienced in their work at the local level. From those and subsequent discussions, it became clear that, despite the variation in program models, there were many commonalities among the challenges being tackled by the community organizations. And there was considerable interest in identifying those 'particular areas where a collaborative effort might yield results that would be beneficial to multiple communities and, ultimately, the state. In this, the second full convening of Covering Florida, participants will deepen their understanding of relevant policies and programs affecting the financing of community health care initiatives, and begin to identify areas of promise for development of statewide strategic initiatives. THE FLORIDA LANDSCAPE Florid~ is the fourth most populous state in the Union, with the highest concentration of elderly residents of any state, the lowest concentration of children 18 and under, and a very large immigrant population. On the one hand, Florida is a wealthy state. Its per capita income of $21,557 leads all southern states but Virginia and is essentially equivalent to the national average of $21,587.~ And Florida leads the nation with the highest concentration of d~dlionaires by population, at 1.8 percent? On the other hand, however, Florida is a poor state: 37 percent of the state's residents live at or below 200 percent of the Federal Poverty Level, greater than the national rate of 35 percent. The Kaiser Commission on Medicaid and the Uninsured reports that 18 percent of Floridians are uninsured - about 2.8 million people, almost all of whom are non-elderly. That compares with 15 percent of the nation's population as a whole. Florida's non- elderly uninsured are overwhelmingly employed, but in low-wage jobs: about 1.8 million are below 200 percent FPL. While the largest group - 42% -- of uninsured is white, the rate of uninsurance is significantly higher among minorities. Among Hispanics, 36 percent are without insurance; 26% of blacks lack insurance and 17 percent of other minority groups are uninsured. Among whites, only 15 percent are uninsured. Znsurance Status of FloridJans Employer-provided insurance 8,242,630 51% Individual insurance 845,890 5% Medicaid 1,708,320 11% Medicare 2,494,940 15% Uninsured 2,842,540 18% Characteristics of Florida's Non-elderly Uninsured Employment At least 1 full-time worker in household 2,135,516 76% Part-time workers 235,394 8% Non-workers 448,235 16% Under 100% FPL 912,747 32% 100-199% FPL 899,368 32% 200% FPL and above 1,007,121 36% Source: Urban Institute and Kaiser Commission on Medicaid and the Uninsured estimates based on pooled March 2001 and March 2002 Current Population Surveys. MEDICAID OPPORTUNITIES In Florida, total spending on Medicaid almost doubled between 1992 and 2001, according to a recent report by The Urban Institute, growing from $4.8 billion to $9.1 billion. The federal portion increased from $2.7 billion to $5.2 billion (96 percent) while the state portion rose from $2.2 billion to $3.9 billion (77 percent). The drivers of this growth were increased enrollment, growth in health- and community-based cam funding; and sqaring prescription drug care costs. However, this. budgetary behavior is in stark contrast to the policy picture: the expansive nature of health policy initiatives under former Governor Lawton Chiles has shifted to more focused policy initiatives for vulnerable populations such as Iow-income children, the disabled, and the eldedy since Gov. Bush took office in 1998.3 4 i6! ! Opportunities do exist, however, to access Medicaid funds to provide expanded service to typically underserved populations. 1115 Waivers'~ Under Section 1115 of the Social Security Act, the Department of Health and Human Services (HHS) can waive certain aspects of federal law permitting states to undertake "research and demonstration" activities on innovative coverage models that will "further the objectives" of Medicaid and Child Health Insurance Programs. In the past, states have used 1115 waivers to introduce managed care into their delivery systems. Using the savings from managed care, states had been able to expand eligibility to new populations. One important requirement of 1115 waivers is that states must demonstrate that the approved activities are 'budget-neutral' to the federal government - that is, savings from program activities must pay for expansions and benefits in coverage. However, federal funds can be used to expand coverage populations beyond the federally mandated minimums rather than using state f_unds only. HIFA Waivers~ In August 2001, HHS introduced new waiver guidelines designed to introduce greater flexibility in the way states are able to manage their public health insurance programs. These new guidelines, termed the Health Insurance Flexibility and Accountability Initiative (HIFA), build on the original 1115 waivers and will permit states to design and manage Medicaid and SCHIP in ways that were not previously permitted. For example, states will be able to limit enrollment, modify benefit designs, build on employer-sponsored insurance more easily and impose greater cost-sharing requirements on certain groups of existing beneficiaries. In return for flexibility, states are expected to extend coverage to more people. Delaware's proposed HIFA waiver was denied because it did not include mechanisms for expansion. HIFA also specifically targets individuals with incomes below 200 percent of the federal poverty level - currently $36,800 for a family of four. An important aspect of the HIFA program is that expansion activities are budget neutral - that is, the demonstration cannot result in greater Medicaid or SCHIP expenditures 'than would have occurred without the waiver. States participating in the waiver must agree to a cap on federal financing limiting the state's access to open-ended federal financing. The state is at risk for costs that exceed the cap. Thus, under HIFA states can expand Medicaid eligibility to new groups that they could not previously receive matching federal funds for - however the total amount of federal financing is limited to the pre- waiver amounts. Key Components: Enrollment limits for existinq Medicaid beneficiary qroups and qroups covered under the expansion. This component essentially eliminates indiVidual entitlement to Medicaid. It is important to note that these enrollment caps are not limits on the "kinds' of people who are eligible, but rather reduce eligibility based on a ~first-come first-served"' basis. Enrollment caps are not tied to income, but rather are based on when a person applies for coverage. F!exibilitv in benefit desi(Tn. For optional populations, states can offer any one of SCHIP benchmark benefit packages? Generally, states are allowed to propose any benefit package as long as it includes a list of basic services. For expansion populations, states have even greater flexibility and can establish limits on the types of providers and services that are available, including the exclusion of an inpatient benefit. In Utah for example, expansion populations are only eligible for routine physician services and pharmacy coverage. Cost-sharinq. Under HIFA, cost-sharing will remain nominal for mandatory populations, but not for optional and expansion populations (with the exception of a 5 percent cap for Medicaid and SCHIP children). Otherwise, there are generally no specific limitations on cost sharing under HIFA for expansion populations, provided that cost sharing does not exceed $1,000 out-of-pocket maximum per person per year. Utah will charge a $50 annual application fee and $5 co-payments for physician services and prescription drugs. Sinqle adults and childless couples. HIFA allows for c~'~erage of non-categorically linked populations. Under HIFA there is the ability to leverage state dollars to provide insurance to these groups. Guidelines encourage states to redirect federal SCHIP (Title XXl) funds7 to cover populations other than Iow-income children, including adults without dependent children. SCHIP funds are capped, but provide higher federal matching rates than Medicaid. Co//aboration with the private sector. HIFA encourages coverage expansions through premium assistance for the purchase of employer-sponsored coverage. In fact, the Centers for Medicare & Medicaid Services (CMS) has required that states whose initial waiver plans (CA and AZ) did not- include building on private coverage to study the feasibility of using employer-sponsored insurance to expand coverage. Recently, CMS approved New Mexico's HIFA waiver, which permits that state to make its premium- assistance model mandatory for its expansion populations. Some critics have noted that setting up premium assistance programs can be administratively complex. HIFA also simplifies the waiver application process by providing application templates and guidance. It also expedites the review of state proposals. ' Home and Communil¥-Based Waivers¢. Under subsections of Section 1915 of the Social Security Act, various Medicaid waivers are allowed in order to give states flexibility in integrating delivery systems and financing for eligibles. 1915 waivers are to authorize certain services and not to expand coverage to previously ineligible groups. 1915 permits states to cover one or more home or community-based services including: case- management services, homemaker/health aid services, personnel care services, adult day health care services and day treatment or partial hospitalization. Every state except Arizona operates at least one 1915 waiver. As with other waivers, states exercising this option must demonstrate "budget-neutrality" with respect to the use of federal funds. Sectioh 1915(a) allows a state plan option for Medicaid managed care contracts; section 1915(b) grants "freedom of choice" waiver authority under which states are allowed to mandate Medicaid enrollment in managed care and use cost savings to provide additional services; and section 1915(c) is the Home and Community Based waiver under which states have the option of providing a variety of home and community-based 6 service to persons who would otherwise need hospital, nursing facility or intermediate care facility institutional care. Creative Medicaid Financing: Opportunities to Increase the Federal Match9 Since states face competing demands for their dollars, they have an incentive to try and use federal and local funds to finance services. Federal Medicaid matching funds are now available on an open-ended basis for certain allowable expenditures. Therefore, states look to Medicaid as a source of funding to help finance mental health, public health, education and other programs. This is termed 'Medicaid maximization'. In order to receive the federal matching payments, states must file claims with the CMS for expenditures made on behalf of beneficiaries for covered services. It is important to note that under Medicaid maximization, the state or locality does not ultimately spend its own funds to meet the state match requirement. Instead, through the mechanisms detailed below, some or all of the state matching requirement !S eventually paid by the federal government. _ Disproportionate Share Hospital Payments (DSH): These are payments made by the state's Medicaid program to hospitals that serve a disproportionate share of Iow-income or uninsured patients. These payments are in addition to regular payments hospitals receive for caring for Medicaid beneficiaries. States may claim federal matching funds for DSH payments up to a mandated ceiling established by Congress. This ceiling does not reflect the number of beneficiaries, the number of uninsured, or the level of service provided. In 2002-2003, Florida Medicaid's DSH expenditures total $275,211,954 and have reach the cap.l° Florida currently operates five disproportionate share (DSH) programs for hospitals: (1) public hospital DSH; (2) graduate medical education DSH; (3) primary care DSH; (4) rural DSH; and (5) DSH for state mental health hospitals. Criteria for participation and formulas for distribution are defined in Florida statutes. In F-Y03-04, funding for Florida's Medicaid DSH programs totaled approximately $173 million. The total amount of DSH funding for each state is determined at the federal level. The Balanced Budget Act (BBA) established a scheduled of reductions in the level of DSH spending. Although postponed by Congress as part of two BBA relief packages, a ' significant reduction took effect as of October 1, 2002. The impact on Florida was a $39 million decrease in DSH funding. Provider Taxes and Donations. States may use revenues from provider taxes to pay the state's share of Medicaid spending under limited circumstances. Federal statute defines a tax, licensing fee, assessment, or other mandatory payments as a provider tax only if 85 percent or more of the burden falls on health care providers. In order to be allowed as a state Medicaid revenue source, the provider tax must be 'broad based' and must be imposed uniformly upon providers in the class. Despite these restrictions, there is no limitation on the amount of revenues states may receive from provider taxes to support the state's component of Medicaid expenditures. The use of provider taxes and donations to pay for the state match is coming under increased scrutiny by the federal government. Florida's program was recently criticized as way to shift some of the state's responsibility for Medicaid to the federal government. Inter. qovernmental Transfers and Upper Payment Limits. States have used local public hospitals as a means for getting federal Medicaid matching dollars. Hospitals owned or operated by local government entities initially transfer a sum of money to the state by intergovernmental transfer. Next, these institutions are reimbursed by the state Medicaid agency for treating program beneficiaries in amounts that exceed the costs of treatment: As long as payments do not breach an upper payment limit for all hospitals, the federal government can match these payments at the state's Medicaid matching rate. After paying the local provider the state would retain some of the federal monies for its own use. Under current guidelines, there are two tiers of UPLs. For all nursing facilities and state and private hospitals, the UPL is based on an estimate of 100 percent of the amount that would be paid for services under Medicare payment assumptions. For county or other public hospitals not operated by the state (but excluding local public hospitals), the UPL is based on 150 percent of the amount that would be paid for inpatient and outpatient services under Medicare payment assumptions. So~ a state can pay a local public hospital up to 50 percent more than it actually costs to provide services to patients and receive federal matching funds for these payments. Hospitals can keep the payments or return a portion or all of the funds to the state. Although several states have used this method for many years, Florida's UPL program is relatively recent. The 2003-04 budget year is the third authorization of UPL spending, which provides approximately $332 million in enhanced payment for hospitals~1. The funding is distributed through several mechanisms. Approximately $140 million is spent to rebase Medicaid rates for hospitals that meet specific criteria; $73 million is used to fund hospitals in specific categories including trauma centers, rural hospitals, teaching hospitals, and hospitals that offer comprehensive primary care programs. Remaining funds are used to enhance payments for local financing systems, to compensate for changes in the disproportionate share programs, and to address identified financial needs for specific community hospitals. In 2003, AHCA submitted a Medicaid plan amendment to the federal government seeking to allow payments for physician services provided through public teaching hospitals. AHCA estimated that the plan amendment would generate approximately $62 million in supplemental federal funds for the physician UPL program. Florida has not yet received approval on this amendment. President Bush's Block Grant Proposal~2 ~3 In January, 2003 the Bush administration proposed major changes to the Medicaid program. The proposal calls for states to voluntarily accept a predetermined allocation of federal funds instead of the open-end matching funds of the current program. States that choOSe the block grant approach would get two allotments - one for long-term care and another for acute care - and would be required to continue providing a basic set of services to core mandatory populations. Key components: · States that choose the block grant would receive allotments that grow by about 8.5 percent a year. These states would also be given additional funds - 2 percent more in 2004 and I percent more between 2004 and 2010. However, all extra payments would be taken back after 2010. This makes the proposal budget-neutral to the federal government over a 10-year period. The proposal provides states with the authority to change coverage they provide to people enrolled in Medicaid and SCHIP. States would be able to provide less health coverage than is provided today and premiums and co-payments would be increased. · States could set limits on the number of people who could enroll in the program. While many state governors endorse the idea of increased flexibility, they are concerned about being at increased risk for rising health care expenditures. Reform in Florida The Agency for Health Care Administration (AHCA) w°dld consider seeking grant funds for a contract to support the design, implementation a~d evaluation of a HIFA waiver? The primary goal of the HIFA demonstration initiative would be to develop comprehensive solutions to increasing the number of uninsured persons who obtain health insurance coverage. AHCA sees this as an opportunity to maximize private health insurance options along with combined Medicaid and SCHIP resources to increase coverage of those with incomes below 200 percent of the federal poverty level. Florida also believes that HIFA would afford the state the necessary flexibility to encourage the design and implementation of community approaches to improving health insurance coverage. One example of a community initiative that could be included in a HIFA waiver is the Palm Beach County Advancing Access Project. The project will demonstrate how Medicaid can be expanded on a county level to include adults up to 200 percent of poverty using local funds rather than state resources. The Health Care District of Palm Beach County, an independent health care taxing district would be used as the delivery and financing vehicle. National observers have noted that the HIFA may provide an opportunity for states to develop creative strategies to expand coverage, including the leveraging of local 'government funds to obtain federal money? However, federal law places limitations on the local government involvement in state Medicaid programs: 40 percent of the non- federal share of expenditures must come from the state; federal grant dollars cannot match local dollars, and limitations on the use of voluntary contributions and provider- specific taxes to finance the non-federal share. In the. past CMS has expressed concerns about using local funds to expand coverage including placing limitations on enrollment options for expansion populations and potential variability in coverage levels across the state. For example, CMS in the past has been concerned about mandating that an expansion population can only enroll into a single health plan, and about approving waivers that propose to expand coverage only within one geographic area. CMS has approved geographically limited waivers in the past, but these have been limited to long-term care demonstration projects. Nevertheless, states that want to pursue this approach must present clear policy justifications. The issue of using local funds to expand coverage through a Medicaid program apparently can be decided on a case-by-case basis? AHCA also suggests that Health Flex Pilot program could eventually become a component of the proposed HIFA waiver application. (See below for details on Health Flex). NEW PRODUCT OPPORTUNITIES There are several new initiatives that may offer opportunities for communities to develop new approaches to addressing the needs of the uninsured. Each comes with its own set of requirements and, consequently, presents its own set of challenges. Thrcc- Share Plan In April 2003, S.906 - the Health Care Access for Small Business Act of 2003 - was introduced in the U.S. Senate. Sponsored by Michigan_ Senator Debbie Stabenow, the Act would allow small business owners to be eligible fc.r a refundable tax credit to defray the cost of providing health insurance. Under the bill's proposed three-share plan, not more than 30 percent of the cost of the monthly premium for health coverage (including prescription drug benefits) would be paid by the qualified employee and at least 70 percent of such cost would be by the qualified employer. A refundable tax credit would be provided to the employer in an amount equal to 40 percent of the costs of the three- share program. The legislation is currently under review in the Senate Finance Committee. The bill's three-share concept is modeled after various coverage initiatives currently operating at state and community levels through which premium costs are shared by employee, employee and through a state and/or local public subsidy. For example, in Senator Stabenow's home state of Michigan, a viable three-share plan has been in operation since 1994. Wayne County's HealthChoice program is operated by an independent 501(c) (3) created by the County Executive office and the Board of Commissioners. Premium costs for qualified plans are divided equally among the employee, the employer and the HealthChoice program. Health Flex Health Flex was approved by the 2002 Legislature as a pilot program for the three areas of the state with the highest concentration of uninsured individuals and Indian River County. AHCA subsequently identified those three areas as: a cluster of 19 counties in the state's Panhandle; Hillsborough County, and Broward and Dade counties. Health Flex is a Iow-cost form of health insurance targeted to non-elderly individuals with a family income of up to 200 percent of poverty, who have not been covered by a private insurance policy for the past 6 months, and are not eligible for coverage by other public programs. Persons eligible for local indigent health care programs are not excluded from participating in Health Flex. Health Flex plans can be offered by health insurers, HMOs, a health care provider sponsored organization, local government, a health care district, and other public or private community based organizations. Enrollees agree to make any payments required for participation, including periodic payments due at the time health care services are provided? Health Flex plans are unique in that they not subject to licensure under the Florida Insurance Code. As such they are free from providing all statutodly required health care 10 benefits. AHCA and the Department of Financial Services must approve Health Flex plans As of March 2003, two plans have been approved to participate in the Health Flex pilot: American Care, a physician group in Dade County and Preferred Medical Plan, a licensed HMO provider, also located in Dade County.is Neither of these programs provides inpatient services. Health plan interest in Health Flex has been Iow. A number of plans reported that they are not interested in expanding their product lines and that there are no resources to market the plan. Cost and Benefit Package of Approved Plans ,~med~an ~.are Hea/~ ~ Plan Preferred Medical Plan" Monthly Up to age 49: $35 ,$40 premium Age 50 and up: $49 - Benefits Full range of outpatient services -- Pdmary care services (excluding office surgery) Co-payments $7 for primary care visit $10 for pdmary, care visit $40 for specialist visit no charges for basic $10 for lab services diagnostic test $40 for mental health visits $10 pap smear $30 for mammogram Higher co-payments for other services $10 for selected generic (x-rays, etc) drugs: no coverage for brand name prescriptions Other Riders available for dental and optical care Lifetime and monthly maximums. Federally Qualified Health Centers Community Health Centers (CHCs) are private, not-for-profit corporations that provide access to quality, comprehensive primary and preventive health care to all people . regardless of ability to pay or health status. Community health centers currently have 136 locations in underserved areas throughout the state. Community Health Centers may apply for designation as Federally Qualified Health Centers (FQHCs), a designation that allows access to additional federal funding, federal discounts on pharmaceuticals, higher reimbursement rates for Medicaid and other benefits. All FQHCs are, by definition, Community Health Centers but not all Community Health Centers receive designation as FQHCs. CHCs serve a highly disproportionate share of Medicaid and uninsured patients. Unlike most private pay physician practices where there is a mix of patients with both private and public insurance, health centers are unable to shift the cost of treating the uninsured. CHCs accept all forms of insurance and those without insurance are charged on a sliding fee schedule according to income. The centers are supported by Medicaid/Medicare payments, federal grants, state grants, county contributions, 161 foundation grants, insurance payments, and patient fees. In 2001, 54 percent of Florida's CHC patient population was uninsured. CHCs network with other area providers, hospitals, and county health departments to leverage available funding from the various sources. CHCs participate in many state health programs that provide opportunities to partner on health access projects. Expanding of these health centers in underserved communities is a key component of President Bush's broad strategy for expanding access to health care. Launched in 2002, the initiative will add 1,200 new and expanded health center sites and increase the number of patients served annually from about 11 million to 16 million by 2006. On July 1,2003, Health & Human Services Secretary Tommy G. Thompson announced more than $60 million in new funding to help health centers make services available to more rural and inner-city Americans. The awards include 66 grants totaling more than $2'~.1 million to help existing health centers expand their capacity. Two of those grants were awarded to Florida centers: $173,513 to Community Health Centers in Apopka and $209,408 to Manatee County Rural Health in Parrish. In addition, $35 million in new funding will go to help more than 750 centers - virtually the entire health center network -- cover costs resulting from increased demand for services. The latter awards range from $20,000 to $100,000 depending on the size of the health center and represent increases to the centers' base funding. SMALL GROUP COVERAGE -- CHANGES AND CHALLI=NGE~ All available evidence indicates that the number of small businesses in Florida - that is, those businesses with fewer than 50 full-time employees -- has either remained steady, or grown slightly during the last five years. The same cannot be said, however, for small group health insurance. At the end of 1996, 265,825 small businesses offered employer-sponsored health insurance to their employees. By the end of 2001, that number had dropped to 155,022 - a decrease of about 40 perCent. As a result, about 608,000 fewer individuals were covered by this type of insurance. Small businesses are a critical component of the Florida economy. Thirty-two percent of workers in Florida are employed by firms with fewer than 25 employees - making Florida among the top five states in the nation in terms of proportion of workers in small businesses. Yet the insured market is dominated by large group coverage, which represents 62 percent of the employer-sponsored market. Small groups - from 1-50 including a single employee or self-employed individual - represent 26 percent of the employer-sponsored market. In fact, the Florida Department of Insurance reports that the number of carders in the small group market decreased from 104 in 1997 to 26 at the end of 2001. Small groups present particular challenges for insurance carriers. With fewer members in the group, there are fewer opportunities to spread dsk. High usage by a few members of the group can have a dramatic impact on costs to the entire group. In the face of 12 sharp premium increases, healthier members of the group may opt out of the program, adversely impacting those remaining in the group. To understand more clearly the variables of small group coverage, see Mushroominq Costs: How Insurance Premiums Escalate So Quickly on the following page. Florida's Employer Health Care Access Act requires insurers in the small group market to guarantee the issuance of coverage to any small employer with 1-50 employees, including sole proprietors and self-employed individuals, regardless of their health condition. However, employers with fewer than two employees are now limited to a one- month open enrollment period in August of each year, rather than a year-round guarantee. In November 2002, the Florida Small Employer Benefit Plan Committee recommended expansion of the number of health insurance plans available to small businesses and adoption of strategies to make coverage more affordable and enhance the benefits available in the plans, especially with respect to p~-escription drugs. Florida State Treasurer and Insurance Commissioner Tom Gallagher has endorsed the committee's recommendations and pointed out that the new plans may save as much as 20 to 40 percent in premiums for some smaller employers. The new standard and basic plans include HMO co-pay plans, HMO co-insurance plans, indemnity insurance plans and Preferred Provider Organization (PPO) insurance plans? The issue of state-mandated insurance benefits is becoming a significant one in the policy debate regarding the development of new insurance market products and plans. Several states have passed laws that allow insurers to sell "bare-bones" policies that do not offer state m~.ndated benefits -- which often address preventive measures such as screening for breast, colon and prostate cancer and immunizations for children. 2°Although business groups contend that state-mandated benefits contribute to rising health insurance premium costs and create challenges for employers -- especially small employers -- to purchase insurance, consumer advocates and public policymakers believe that mandates offer critical protections to the public's health. The state of Florida is one of the states with the highest number of mandates -- 39, according to the Flodda Chamber of Commerce. Both peer-reviewed and industry studies on mandates do not offer any clear answers. For example, a 2000 study conducted by Milliman USA for the Texas insurance Department found that mandates accounted for less than 6.5 percent r Of health insurance premiums in Texas. Texas business lobbyists estimated that percentage to be close to 25 percent~. A study conducted by the Congressional Budget Office in 2000 that focused on the effect of association health plans (see page 20) on small-group health insurance premiums and coverage found that benefit mandate exemptions would lower premiums by no more than 5 percent. Small business advocates contend that even though projected percentage reductions may seem minimal, they would benefit from any decreases in premium costs in the current climate of eScalating health care costs. In 2002, the Flodda Legislature, concerned that a growing number of FIoridians were unable' to obtain affordable health insurance, announced the Health Flex Pilot Program, designed to encourage insurers, HMOs, health care provider organizations and other private and public community-based organizations to develop alternative approaches to traditional health insurance. (See details on Health Flex, Page 10) Mushroominq Costs: How In$ /rance Prernium Escalate So Ouickiy Year I Total Number of Insured 100 Characteristics: 4 very sick with high claims: $25,000 per year 5 very healthy with Iow claims: $100 per year 91 moderately healthy w/average claims: $500 per year Costs: 4@$25,000 $100,000 5@$1oo $ 5oo 91@$500 $ 45,000 $145,500 Administration 25% $ 36,375 TOTAL $181,775 Cost per month perinsured: $151.48 Beoinninq of Year 2 Health care ~ /nc'ease 15 ~ Total Number of Insured 100 Characteristics: 4 very sick with high claims: $28,750 per year 5 very healthy with Iow claims $115 per year 91 moderately healthy w/moderate claims: $575 per year Costs: 4@$28750 $t15,000 5 @ $115 $ 575 91@$575 $ 52,325 $~67,900 Administration 25% $ 41,975 TOTAL $209,875 Cost Der month per insured $174.90 End of Year 2 T~e premium increases have prompted two of the ve~/ healthy to leave the program, along with five of the moderately healthy. Before any increase in heaff:b care costs is calculated, the group's renewal costs have increased: Total number of insured 93 Costs: 4 @ $28750 $115,000 3 @ $115 $ 345 91 @ $575 $ 49,450 -- $164,795 -Administration 25% $ 41,199 IOTAL $205,994 Cost per month per insured $184.58 Between the start of Year I and the end of Year 2, monthly premiums have increased 22% while health care costs have increased "only" 15 %. Consider this scenario in a market with 1.8 million people covered five years ago, and fewer than 1.2 million people covered today. The heavy users, for the most part, remain in the program because they know that they have to have coverage. The lightest users are the first to leave; alternatives for them are most affordable. The bulk of the remaining insured are moderate users -- those whose claims experience typically is much less than their premiums, and whose excess premiums subsidize the heaviest users. 14 16! CHALLENGES AND OPPORTUNITIES FOR VOLUNTEER PROGRAMS Many Florida communities have ongoing or proposed programs that use physician volunteers who generously donate their services to provide care for uninsured clients. The challenge to communities that wish to develop new or expand existing volunteer programs comes in assuring that the volunteer health care workers are adequately protected from malpractice liability. Physicians may be protected from malpractice liability when caring for the uninsured or underinsured patient by any one of five different defenses. These include: · Sovereign Immunity · Federal Torts Claim Act [FTCA] · The Florida Good Samaritan Act, Section 768.13 · Federal Volunteer Protection Act of 1997 · Florida Volunteer Protection Act, Section 768.1355, Florida Statutes Sovereign Immunity Sovereign immunity protection often extends to those physicians and other employees hired by a government institution. Sovereign immunity provides broad coverage but is limited to state or federal "government employees." Federal Torts Claim Act The Federal Torts Claim Act (FTCA) extends protection to employees of institutions receiving government grants for delivery of medical services outside of government institutions under specific circumstances. For example, the Health Care Clinic for the Homeless in Orlando is a non-government organization under contract to Orange County to care for individuals who are homeless throughout Orange County and for those uninsured or underinsured patients within specified zip codes. To qualify employees for protection under FTCA, organizations must apply for FTCA insurance, be accepted, and pay a one-time fee. Protection is provided only for employees and services defined under "scope of service" in the organization's government grant. To expand or change the scope of services, the FTCA application must be amended. it is important to note that FTCA insurance will not cover volunteer physicians. FTCA is alert to attempts to qualify physicians as "paid" by hiring for an excessively nominal fee, such as $1 a year and considers such actions fraudulent. Good Samaritan Acts Good Samaritan Acts largely cover only emergency situations and they have been subject to a great deal of litigation. These acts do not address the problems faced by volunteer physicians who provide services inside a clinic situation. Federal Volunteer Protection Act of 1997 The Federal Volunteer Protection Act of 1997 attempted to address problems faced by volunteer physicians across the United States. While the statute may be helpful in some situations, much of the language is unclear. Additionally, the act does not prohibit 15 lawsuits against volunteers; at its best, it provides a defense for the volunteer to plead if and when sued. This Act preempts state law and applies everywhere unless state taw elects to be more strict. The Act does not apply to an action brought by the organization against the volunteer, nor does it limit the liability of the organization itself, to the extent it would otherwise be responsible for the act of the volunteer. Florida Volunteer Protection Act, Section 768.1355, Florida Statutes The Florida Volunteer Protection Act, Section 768.1355, Florida Statutes, provides greater protection than the Federal Volunteer Protection Act and when adopted by the Florida Legislature was thought to address concerns of volunteer health providers. This Act provides that "any person who volunteers to perform any service for any nonprofit organization, without compensation, when acting within the scope of any official duties shall incur no civil liability for any act or omission by such person which results in personal injury or property damage if: "a. Such person was acting in good faith within the scope of any official duties and such person was acting as an ordinary reasonabl~-prudent person would have acted under the same or similar circumstances; and "b. The injury or damage was not caused by any wanton or willfUl misconduct." Requisite applicability is that there are intake requirements; a person must be at or below a certain percent of the poverty level and intake must be done by a trained "101 volunteer". Consequently, the protection afforded requires conditions that must be met before it extends to the volunteer. For the most part, this legislation affords volunteer health care workers in Florida a good level of protection. Volunteers of those organizations not making charges such as co- pays should be reasonably protected. A recent point of controversy has arisen relevant to the phrase "without compensation." Arguments have been raised that in situations where clinics or pharmacies require co- payments, such fees constitute in part a physician fee for service. The argument is that a portion of such a fee, regardless of its size, is in reality a physician fee; despite the fact that the physician is uncompensated, there is a tacit complicit understanding that this portion of the physician fee is donated back to the clinic or pharmacy. While this argument on its surface may appear ludicrous, the issue is as yet unresolved judicially and could expose the volunteer to expensive personal legal fees for defense. Complicating matters is that the Health Resources and Services Administration (HRSA) is now requiring that organizations receiving grants charge co-pays and bill Medicaid or Medicare for services when applicable. Since these latter fees do include physician charges, this raises questions about volunteers remaining protected under these circumstances. REACHING THOSE ELIGIBLE BUT NOT ENROLLED The Florida Agency for Health Care Administration is responsible for the Medicaid program, providing Iow-income persons, including pregnant women, children, the elderly and the disabled with health care services under Title XIX and XXI of the Social Security Act. The Department of Children and Families (DCF) and Florida Health Kids, Inc. (FHK) administer the Medicaid (Title XIX) and the KidCare (Title XXI) programs for AHCA. The 16 161 Department of Health (DOH) provides additional support for children with special health care needs through the Children's Medical Services Network and the Department of Elder Affairs (DOEA) coordinates care for Florida's seniors. During the 2002 state legislative session, Gov. Bush signed into law the Health Care Access Bill, Senate Bill 1276 (SB 1276) that sought to enhance access to health care by: Creating a health care access steering committee comprised of the secretaries of each health and human service agency including, AHCA, DCF, DOH, DOEA, and a representative of FHK and FLAIRS (Florida Alliance for Information and Referral Services). Establishing a pilot project aimed at developing an eligibility determination system integrated with the evolving 2-1-1 Florida Information and Referral (I&R) system. Implementing a certification process for orga--nizations interested in providing access to health and human service information and referrals through the evolving 2-1-1 t&R network. Under the authority of SB 1276, AHCA has worked collaboratively with each state HHS department and the United Way of Northeast Florida to establish a pilot of the enhanced eligibility determination system in Duval and its surrounding counties. The enhanced system allows an applicant for Medicaid or FHK to complete an application over the telephone with a 2-1-1 operator. These applications are processed electronically and submitted to DCF and FHK, respectively, for final determination of eligibility. By calling 2- 1-1 and inquiring about health care services, the potential beneficiary is informed of all of the state and local options available in their community. AHCA and its collaborating partners are quite aware of how the integration of state and local services through the use of I&R and electronic technology is an enhancement to eligibility services. The lessons learned from the pilot project are being evaluated and will be used to encourage future state and community partnerships. A FEDERAL PERSPECTIVE The Bush administration in Washington is advancing a two-pronged strategy regarding current initiatives and proposals: to allow for letting market forces rule, and to rely on and encourage the development of voluntary public-private partnerships (PPPs) in order to meet a variety of public services and needs. PPPs are currently being used in service projects in areas such as transportation, public safety, social services and water management. The National Council for Public-Private Partnerships defines PPPs as a means of utilizing private sector resources in a way that is a blend of outsourcing and privatization: · Outsourcing - A public agency contracts with a private-sector organization for the completion of government functions; the agency provides payment for services and/or facilities through government funds · Privatization - A government-owned asset is sold to the private sector for operation of a service or function PPPs can involve the design, construction, financing, operation and maintenance of public infrastructure or facilities, or the operation of services, to meet public needs (www. ncppp.orq). They are often financially free-standing - privately financed and operated on the basis of revenues received for the delivery of the services and/or facility. A contractual agreement effected between the public and private sector partners governs all service provision and aims to use the best skills and capabilities of each sector. The Council on State Governments identified several reasons for the increase in partnership activity since 1995 that include: costs savings, flexibility and less administrative "red tape," high quality services, increased in~ovations, lack of state support, lack of state personnel and expertise, and speedy implementation (www.csg.org). Critics of public-private partnerships argue that private sector firms - with a focus on profit margins -- cannot operate for public good. PPP advocates - including the Bush administration - contend that there are cost-reducing advantages to such partnerships, opportunities for increasing quality of services and tha~ PPPs can successfully leverage the limited resources of government agencies to provide high-cost and high-need services. Advocates also point out that in times of budgetary restrictions, when government agencies are confronted with decisions involving cutbacks in service provision, PPPs provide an alternative to maintain services without having to increase taxes or reduce services. Other Federal Initiatives Related to Employer Health Coverage There are several federal protections, laws and regulations related to health care and employer coverage. These laws may mandate coverage for specific groups, needs and conditions, or seek to improve employee access to group insurance through "guaranteed issue" and "guaranteed renewal" requirements and include: · Employee Retirement Income Secudty Act of 1974 (ERISA) · Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) · Family and Medical Leave Act of 1993 (FMLA) · Health Insurance Portability and Accountability Act of 1996 (HI PPA) · Newborns' and Mothers' Protection Act of 1996 · Mental Health Parity Act of 1996 · Women's Health and Cancer Rights Act of 1998 · Trade Adjustment Assistance Act of 2002 (TAARA) ERISA offers protections for individuals - including a grievance and appeals process - who are enrolled in health benefits plans sponsored by private-sector employers. ERISA pre-empts state regulation of self-insured health plans and pensions, which has significant implications for state policymakers, regulators and consumers. TAARA includes a new tax subsidy to help workers and retirees who have lost their employer-sponsored health coverage as a consequence of trade practices and bankruptcies. The tax subsidy is designed to assist individuals to purchase replacement health coverage. For those eligible, the TAARA subsidy covers 65 percent of the cost of health insurance purchased from certain specified sources. The program could benefit close to a quarter of a million workers and retirees each year who have lost health coverage under conditions specified by TAARA. Florida is one of 12 states with more 18 than 100,000 workers who are projected to be eligible for the TAARA subsidy within the next year. HIP.AA has evolved into a key legislative instrument for shaping much federal and state legislation relating to the regulation of health insurance nationwide. The law sets minimum nationwide standards for accessibility to health care coverage, with an emphasis on resolving "job lock," the dilemma created when an employee with a pre- existing health condition fears to leave his/her present job for fear of being rejected for coverage by a new employer's carrier (Miller, 2001). Critics of HIPAA characterize the law -- and subsequent laws mandating access to services -- as creating a system of "guaranteed access, not affordability." In recent years, several states have promulgated state-specific laws for COBRA, known as "mini-COBRA" laws. Under the federal COBRA law, an individual is guaranteed the right to buy group health insurance for up to-18 months when s/he leaves a job. The federal law applies to companies that employ 20 or m~e people with fully insured health plans, including self-funded plans. With mini-COBRA, states have added provisions that expand this right for those working in smaller companies - generally for small group health benefit plans issued to employers with 2-19 employees. Mini-COBRA laws do not apply to self-insured plans because such plans are not subject to state insurance laws. In 2002, 38 states have mini-COBRA provisions; the length of time eligible for coverage for these workers usually runs from 6 to 18 months. In some cases, the state law extends for shorter periods -- for example, Oklahoma's law only allows for a one-month extension and Tennessee's law provides for a three-month extension of eligibility. (Reference is made to www. cobrahealth.com/statelawdirectory.htm for detailed list of state mini-COBRA laws and provisions). In Florida, under the state's Health Insurance Coverage Continuation Act, insurance companies are required to offer an 18-month continuation for groups of 2-19. However, the employee must request the extension within 30 days of termination. The premiums paid by the former employer cannot exceed 155 percent of the group premium rate. For employees and their families who leave companies with insured programs, Florida law also requires insurers to offer an individual "converted" policy to anyone who has been covered under the group policy for at least three months." In recent years, and especially since the installation of the Bush Administration, there has been White House support for programs and proposals that shift responsibility for insurance coverage from the employer and the government to the individual citizen. This trend of consumer-driven health plans includes two programs that receive strong administrative support: medical savings accounts (MSAs) and health tax credits. Medical Savings Accounts The theory behind MSAs is that, by encouraging individuals to shop around for health care, ,~e will be able to achieve a balance between cost containment and quality health care ("Perspectives," 2003). Where introduced in demonstration projects, MSAs (which are basically IRAs with income tax exemptions for withdrawals used for medical care) have gotten mixed appraisals. Critics of MSAs say that they: 19 · Require consumers to make unreasonably complex decisions about their health care expenditures. · Encourage consumers to save rather than get preventive care. · Cause "adverse selection" by attracting the healthy to forego regular coverage, ultimately resulting in higher premiums for everyone else. · Are essentially a tax-break for the well-off. Program supporters deny those charges, and see MSAs as one of the key elements (another being individual tax subsidies) that will shift health care from an employer- based model to a "consumer-based" model (Tanner, 2003). Health Credits Another element of the move toward individual consumer participation is the Bush proposal for "health credits" -- tax credits of $1,000 per individual and $2,650 per family to pay for health premiums (Background, 2003). Opponents of that proposal note that credits are far less than the actual cost of health care insurance. Group Purchasing Arrangements Association Health Plans: Association health plans am one type of group purchasing arrangement (GPA) that state policymakers are examining as a means to achieve cost savings for small businesses (Kofman, 2003). Others include employer alliances, and multiple employer welfare arrangements (MEWAs). At present, them is variation among states that allow AHPs. State-level regulatory decisions concerning which state insurance laws should apply to GPAs and who should sponsor and manage them carry significant implications for consumers. The White House strongly supports association health plans (AHPs), which am designed to make it easier for small employers to form pools to purchase health insurance coverage for their employees through associations, such as Chambers of Commeme. On June 19, 2003, H.R. 660 - a bill seeking to establish federally regulated AHPs - passed in the House. Although the bill has support by the Bush administration and the Labor Department, it is anticipated that it will have challenges in the Senate. Bill opponents see it as structured to undermine state benefit requirements, and the insurance industry's concern is that the plans would attract higher risk employees and would not generate cost savings. Consumer advocates fear that if businesses were allowed to offer "stripped-down" health insurance plans and bypass state mandates on health insurance, consumers would lose protections and lack guaranteed coverage. Bill supporters contend that the legislation contains restrictions that prohibit pricing based on health status and that is has strict solvency requirements (www. kaisernetwork.or.q/daily reports). State HLqh-Risk Pools: The year 2002 marked the first time that federal funds were offered to be used to support high-risk pools for the uninsured. In November 2002, the federal Department of Health and Human Services (HHS) announced the availability of grants of up to $1 million each for states to use as seed money to establish high-risk pools (www.cms.hhs.gov/riskpool). The pools am commonly operated by state-created non-profit agencies and offer health coverage to individuals with serious medical conditions who have a history of being unable to find affordable health coverage in the 20 individual health market. Maryland is the first state to receive a portion of these funds -- $690,000 - to assist in launching the Maryland Health Insurance Plan. The Maryland plan is expected to offer basic health insurance to almost 7,000 residents by summer 2003. In a related HHS announcement in April 2003, states were informed about the availability of $80 million in grants to states to offset losses they incur in operating such high-risk pools. Nationally over 153,000 individuals are enrolled in state high-risk pools. Research has indicated that all state high-risk pools operate at a loss, with a medical loss ratio ranging from 1.4 in Oklahoma to 4.84 in Washington's high-risk pool (Katz and Dominguez-Karasz, 2002). Florida's high-risk pool has been closed to new enrollment since 1991. 21 ENDNOTES U.S. Census Bureau. The Urban Institute, The D/sposg'on ofFedera/Do#ars/n Florida's ~cia/~ervice~;, Adam Carasso and Roseana Bess, June 2003. 3 Ibid. 4 Kaiser Commission on Medicaid and the Uninsured, Secbbn 1115 Waivers at a Glance: 5urnrnafy ofrecent Pledic~/d and $CHIP Waiver Activity, April 2003; Kaiser Commission on Hedicaid and the Uninsured, Secbbn J~115 Waivers: Po/icy Irnp/icabbns of Recent Ada'vity, June 2003.. s Engquist G. and Burns P. Health Znsumnce Flexibility and Accountability Initiative. Opportunities and_~ssues for S~ates. State Coverage Initiatives. August 2002; Ryan J. 1115 Ways to Wave Pledica/d and SCHIP Rules National Health Policy Forum, ~une 13, 2002; Cubansky J and Kline J Pledicaid: Focusing on State Znnova&'on, The CommonwealthFund, April 2003. 6 These can include the largest commercial HMO package in the state, the federal employees' plan, the state employees' plan or an actuarial equivalent of all three. 7 Previously, states had been required to cover children up to 200 percent of the FPL before Title XIX could be used for other purposes. Kaiser Commission on Medicaid and the Uninsured The l~ledicaidResource Book.]uly 2002. Ibid. Edwin Stephens, AHCA Florida Hospital Association z~ Holahan .1 and Well A Block Grants are the Wrong Prescrfpt~bn for Nedicaid, The Urban Institute. ~3 Families USA Slashing ~leclicaid: The Hidden Effects of the Pres/dent's Block-Grant Proposal, May 2003. ~ E-mail correspondence with Mel Chang, Agency for Health Care Administration, 6/26/03 ~s Fenz C Leveraging Local Fu~$ to Expand Cove~e in Lean 77roes State Coverage Initiatives Academy Health February 2003. ~7 Health Flex application package obtained from AHCA website www.fdhc.state.fl.us z8 AHCA Health Flex Pilot Program Presentation to the House Subcommittee on Health Access and Financing March 26, 2003. ~9 State of Flodda. Department of Insurance. Small Employer Benefit Plan Committee. Report. November 2002, 22 2o Andrews, lV{. "Paying a Price for Pared-Down Health Plans." The New York Times..lune I5, 2003. 21 Ibid. REFERENCES "Background on the Bush Administration's Health Care Agenda." White House News Release. March 2002. www.whitehouse.qov/news/releases/2002/03/20020314-3.html "Eliminating State-Mandated Health Benefits for AHPs Would Hurt Health Care, Columnist Says." KaiserNetwork Daily Health Report. www.kaisernetwork.or.q/daily reports Katz, Aaron and C. Dominguez-Karasz. "Selected Policy Options for Strengthening Employer- Based Health Insurance in Washington State." University of Washington. Health Policy Analysis Program. Briefing Paper. May 14 and 15, 2003. -- Kofman, Mila. "Group Purchasing Arrangements: Issues for States." Issue Brief. Vol. IV, no. 3. State Coverage Initiatives Program. April 2003. www.statecoverage.net/issuebrief-403.pdf. Miller, Tom. "Making a Federal Case Out of Health Care: Five Years of HIPAA." The Cato institute, July 2001. www.cato.orq/dailys/07-28-01 .html The National Council for Public-Private Partnerships. White Paper. 2002. "For the Good of the People: Using Public-Private Partnerships to Meet America's Essential Needs." www.ncppp.org. O'Brien, Ellen. "Employers Benefit from Workers' Health Insurance." The Milbank Quarterly. Vol. 81, Number 1. Boston, Massachusetts. 2003. "Perspectives in Brief." Public Agenda Online. (www. publicagenda, org/issues/) Short, Ashley C., Cara S. Lesser. "Cutting Back But Not Cutting Out." Center for Studying Health System Change, Washington, DC, October 2002. www hschanqe.orq/CONTENT/479/ Tanner, Michael. "Medical Savings Accounts: Answering the Critics." A Cato Institute Policy Analysis. May 25, 2003. www.cato.orq/pubs/pas/pa228es.htm I 23 DEVELOPING STATEWIDE STRATEGIES Opportunities for Collaboration and Change in Health Care Access for Florida's Uninsured Addendum Medicaid, DSH and UPL Among the most significant areas of interest for those seeking to understanding health care finance are the areas of Medicaid funding, Disproportionate Share (DSH) funding and Upper Payment Limits (UPL). These also are among the most complex and nuanced funding arenas. With that in mind, the Florida Hospital Association offers some additional perspectives on these topics. With respect to Medicaid financing, states earn federal funds as state funds are spent. DSH and UPL expenditures are not tied to individual claims for specific beneficiaries. Enhanced payments under DSH and UPL are mechanisms for states to compensate providers when the claim-by-claim payments have been inadequate for a variety of reasons. In the case of DSH, the intent of the program is to "take into account the situation of providers serving a disproportionate number of Iow income patients with special needs." Note that this objective exceeds that of paying for Medicaid patients and encompasses the larger mission of delivering uncompensated care to charity patients. Such enhancements are particularly important in this state because Florida's basic Medicaid program and payments are inadequate in a number of ways: · Florida's eligibility standard is Iow -- 34th among 50 states for children and 37th for - adults. · Per capita Medicaid expenditures in Florida are lower than the national average. · On average, Medicaid payments to Florida hospitals are equal to 83% of the cost of the services, while other states average 94%. · Specific payment restrictions include a $1,500 cap on outpatient visits and a 45- day limit on inpatient stays. Clearly, some enhancements are necessary to even approach reasonable payment levels to providers. The state match in Florida for both DSH and UPL is supported with a combination of state and local funds. The earned federal match does not supplant the state's share of this Medicaid spending. Recently, the Centers for Medicare and Medicaid Services (CMS) has initiated stricter controls and more active oversight for DSH and UPL programs. These changes are affecting the way several states implement DSH and UPL. However, Florida's plan has not been the subject of any direct or specific criticism. Understanding the amount of DSH funding in the state is complicated by the fact that there are several ways to calculate the numbers depending on the specific program and variations in the state or federal fiscal year. Florida established the PMATF (a 1.5% assessment on hospital revenues) in 1988 and used it initially to fund the establishment of DSH-programs. In 1992, the fund was directed to general support of the Medicaid program ~nd local taxes from four counties were transferred to the state to pay for DSH. This method continued until last fiscal year when the local tax base providing DSH match was broadened further. The PMATF is clearly a broad provider tax and these funds are general revenue to the state. Hospital taxing districts in Florida are, in many instances, units of county government. Through counties and districts, local taxes are raised to pay for many of the same or similar services as covered by Medicaid. These sources often supplement Medicaid payments that do not cover costs. Intergovernmental Transfers (IGTs) provide a reasonable mechanism for allowing these local taxes -- dedicated to similar purposes -- to be matched by federal funds. The resulting enhanced payments allow Medicaid to come closer to covering costs. Additionally, there are controls on payments to individual hospitals that go beyond the aggregate upper payment limit. These are the "charge limit" and the "general limit." Under the general limit, the state cannot pay any individual hospital more than the cost of treating Medicaid and charity care patients. According to the charge limit, the state cannot pay more than the amount of hospital charges for Medicaid patients alone. . For several years, there were two tiers of UPLs: one for all nursing facilities and private hospitals; another for county or other public hospitals. However, guideline revisions that became effective in May 2002 ended this two-tiered approach. The plan amendment for physician UPL submitted by AHCA this year seeks to allow payments for physician services provided through all teaching hospitals in the state. The FY 03-04 budget anticipates expansion of the program in order to provide sufficient funding to increase all physician fees. ~ P/3~ o/Y!folli- Y!f~ Y!f~ ' 16 J 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 ,,~-~~~i:f'; (239) 774-8097. Fax (239) 774-3602 s'~ ;: Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 2,2004 Mr. Michael Reagen, President The Greater Naples Chamber of Commerce 3620 Tamiami Trail North Naples, FL 34103-3724 Dear Mr. Reagen: As the voice of the business community, one of the compelling issues The Greater Naples area is faced with is access to health care. This is especially true of the thousands of individuals employed in Collier County who work for small businesses. While our health care system in our community is second to none, insurance costs are rising at unprecedented rates. This is coupled with the fact that an estimated 39% of uninsured individuals are between the ages of 18-29 and employed in jobs that do not allow them to purchase health care and meet their living expenses. Recently Governor Bush announced proposing reforms to increase access to health care that would provide for the expansion of "flex plans" and supporting initiatives unique to the respective local communities. Health "flex plans" permit health insurers, health maintenance organizations, other public or private community-based organizations and local governments to offer alternative heath care coverage products to the uninsured. Pilot programs that seek to expand the concept of "flex plans" are currently focused in areas that have a high number of uninsured individuals. Another initiative promoted by the Governor is the use of pooled purchasing for small employers, which would allow small businesses to pool together and leverage their purchasing power. Costs associated with these plans are not only spread among a wider pool of workers, but also expand the availability of affordable health care coverage. As these initiatives emerge, it is critical that the power of the partnerships of the members of the Greater Naples Chamber of Commerce are available to not only foster the development of a healthy business environment, but also a healthy workforce. The leadership of the Chamber is a necessary equation to this most difficult solution that we face in our community-adequate health care for our citizens. 161 Mr. Michael Reagen, President February 2, 2004 Page Two In closing, please be assured that Collier County Government is a willing partner in looking at promoting the health and welfare of its citizenry. We look forward to an opportunity to pursue discussions regarding solutions to the difficult problem of access of health care for uninsured. Sin~e ely, ~J~~, Do a Fiala, Chairman Board of County Commissioners 161 " I COLLIERPARKOFCOMMERCEOWNER sAssoCIAT ON December 15, 2003 Collier County 3301 Tamiami Trail East Naples, FL 34112 Fiala '"'//z' _ Halas \// Henning V / Coyle ky' Coletta Re: Annual Meeting of the Board of Directors of Collier Park of Commerce Owners' Association C/O Welsh Companies SE, INC. 2400 Ninth Street North Suite Naples, Florida 34103 Phone: 941.261.4744 RECEIVED DEC 30 21)03 Board of County Commissioners Dear Owner: The Collier Park of Commerce Owners' Association, Inc. (the "Owners' Association") By-Laws require that the Board of Directors for the Owners' Association adopt an annual budget for the following calendar year and that written notice of the time and place of such Board of Directors meeting, together with a copy of the proposed budget, be mailed to each member of the Owner's Association not less than 30 days prior to such meeting. Accordingly, please accept this letter as notice that the Board of Directors of the Owners' Association will hold a meeting on Thursday, January 15, 2004, at 4:00 pm at 4001 Tamiami Trail North, Suite 350, Naples, Florida 34103, for the purpose of adopting an annual operating budget for the Year 2004. Enclosed herewith for your review, please find a proposed operating budget for the Owners' Association for the Year 2004. This meeting is open to all members of the Owners' Association. Should you have any questions concerning the Owners' Association, please feel free to give me a call or you may call the management company, Welsh Companies, FL., Inc. (239-261-4744). Sincerely, Thomas "Chad" Lund Vice President Collier Park of Commerce Owner's Association TCL/jch Enc. cc: Lori Cook, Welsh Companies Misc. Cortes: Date: ~ Copies To: 0 ~o°° ~ooo~oo~ o oo o 161 161 g g ~ g g oo° ooo ~ oo ,- g ~ g ~ g ,- oo o oo o o o g o o o g o ~ 16 ! 161 ]. · ~ g . ~ ~ oo' 161 MEMORANDUM Date: To: From' Re: January 29, 2004 Crystal K. Kinzel Finance Director Ann Jennejohn, Deputy Clerk Minutes & Records Department Board of County Commissioners document supporting Eighth Year SCAAP Grant Funds Enclosed please find the original document (Agenda Item # 16J1) as referenced above, which was approved by the Board of County Commissioners on Tuesday, January 27, 2004. A copy is being retained in Minutes and Records for the official file. If you should have any questions, please feel free to contact me at 732-2646, ext. 7240. Thank you. Enclosure 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 Donna Flala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 January 27, 2004 SCAAP 2003 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, Washington, DC 20531 Re: Designated Official For SCAAP application Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program(SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application for SCAAP funding. a:ssdel8 16K1 MEMORANDUM Date: To: From: Re: January 29, 2004 Jacqueline Hubbard RobinSon Assistant County Attorney Ann Jennejohn, Deputy Clerk Minutes & Records Department The Original and Amended nLely Cultural Center Settlement Agreement and Mutual Release" Enclosed please find one copy of the document referenced above, Agenda Item #16K1, approved by the Board of County Commissioners on January 27, 2004. Please forward this document on to the appropriate parties for their files. If you should have any questions, please contact me at extension 732-2646, ext. 7240. Thank you. AMENDED LELY CULTURAL CENTER SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "A~eement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County, a political subdivision of the State of Florida and Cibolo Investments, N.V. f/k/a Texas Industries, N.V., a corporation existing under the laws of Netherlands, Antilles, (hereinafter referred to as "Cibolo"), Stock Development, LLC, a limited liability company authorized to conduct business in the State of Florida, and Collier Cultural and Educational Center, Inc., (hereinafter "Collier Cultural and Educational Center") a dissolved Florida non-profit corporation. WlTNESSETH: WHEREAS. Cibolo has filed suit against Collier CounU~ and the Collier Cultural and Educational Center in Case No.01-4571-CA-HDH; and WHEREAS, the County has filed an Answer, Affirmative Defenses and a Counterclaim to quiet title in the CounU'; and Collier Cultural and Educational Center has filed a general denial in connection with the property described in Exhibit "A" attached hereto, (hereinafter "the Property"); and, WHEREAS, Cibolo, Collier Cultural and Educational Center and the County, without any of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to ownership, possession and use of the Property; and, , WHEREAS, Cibolo, Collier Cultural and Educational Center and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their Page 2 Settlement Agreement & Release respective owners, principals, elected officials, officers, employees, 16K1 ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. WHEREAS, Cibolo has agreed to sell the Property to Stock Development. LLC and Stock Development, LLC is a party to the settlement of the litigation referenced herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Ag-reement and Release, and with the intent to be legally bound, Cibolo, Collier Cultural and Educational Center, and the Count5, a~ee as follows: 1. Cibolo, Collier Cultural and Educational Center, and the Count3, adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the possession, o~amcrship, and use of the Property for and in consideration of the following: a. Cibolo will dismiss its lawsuit in Case No. 01-4571-CA-HCH and any claims contesting or challenging the County's ox~mership of the Propert3, with prejudice; b. Collier Count3' will dismiss its Counterclaim in the above-referenced case wSth prejudice; c. Cibolo will execute a quit-claim deed to Collier County granting ali ownership rights in the Property to the County in the form of deed attached hereto as Exhibit "B"; d. Collier Cultural and Educational Center has executed a deed dated December 15, 2000 to the Count5,, granting any and all of its interest in the property to Collier County in the form of deed attached hereto as Exhibit "C" and the parties do not contest the validity of the deed; 2 .Page 3 Settlement Agreement &Releasc 161 1 e. The County shall not hold an3.' outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The County will be permitted to use the property only as a community park with such actMties as softball and soccer tournaments, a site for an office, a neighborhood park, library and post office subject to the limitations set forth in this paragraph. This limitation shall be - permanent; f. The parties a~ee to the County's mnendment of the PUD to permit activities listed in section e as permitted uses; o The parties am-ee that the County is the undisputed ov, naer of the properW described in Exhibit h. The County shall use the property described in Exhibit "A" only for the purposes set forth in the PUD Ordinance 92-15 and paragraph 2. e. above for a period of no less than fifteen (15) years from the date of the execution of this Settlement Agreement or the property shall be conveyed to Stock Development, LLC. Upon the expiration of fifteen (15) years from the date of the execution of this Settlement Agreement, all right of conveyance to Stock Development, LLC. shall cease and be of no force and affect and Collier County shall own the property herein described free and clear of any claim by Stock Development, LLC. and any successor in interest to Stock Development, LLC . In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County, Cibolo, and Collier Cultural and Educational 16K1 Settlement Agreement & Release Center, this Agreement and Release is hereby entered into and covers all claims relating to ownership, possession and use of the Property among the parties hereto. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, Cibolo, the Collier Cultural and Educational Center, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that the3.' have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way. whether directly or indirectly, the o~xmership, use and possession of the Property. 4. Cibolo. Collier Cultural and Educational Center, and the Count',, acknowledge and agree that this A~eement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Cibolo, Collier Cultural and Educational Center, and the Count}, recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Cibolo, Collier Cultural and Educational Center, or the Count},. 6. Cibolo, Collier Cultural and Educational Center, and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or 4 16 (1 Settlement Agreement & Release ambiguous language or provision in this A~eement and Release is to be construed against any party based upon a claim that the part~ drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same £ormalities as this Agreement and Release. 8. tn the event of an alleged breach of this Agreement and Release, Cibolo, Collier - Cultural and Educational Center, and the Count5' agree that all underlying causes of action or claims of Cibolo, Collier Cultural and Educational Center. and the Count), have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this A~eement and Release shall be for specific performance of its terms and conditions; or for any damages arising from the breach. In this regard, Cibolo, Collier Cultural and Educational Center, and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier Count),, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Cibolo, the Collier Cultural and Educational Center and the County have signed and sealed this Agreement and Release as set forth below: [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 5 · 'page 6 Settlement Agreement & Release COLLIER CULTURAL AND EDUCATIONAL CENTER, INC. (Print) By: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN COLLIER CULTURAL AND EDUCATIONAL CENTER, CIBOLO INVESTMENTS, N.Y., STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORIDA WAS SWORN TO and sub~qribed Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) ,before me, this ~¢/q day of L~_.r.2ert~]:~e. r~, 2003. _ Personally Known X or Produced Identification Type of Identification Produced My Commission expires: .-,: :~ MY COMMISSION # DD 192796 2007 , ~ Thru Nolary Public Undenvfiters II _ ........ 6 Page 7 Settlement Agreement & Release CIBOLO INVESTMENTS, N.V. Witnesses: ' ~ / ., 'By: .. (Signature) ~ (Print) I ~ (S i gm"-a-?ur e i /- ~"-- (Print) THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CIBOLO INVESTMENTS, N.V., COLLIER CULTURAL AND EDUCATIONAL CENTER, STOCK DEVELOPMENT' IL~LCitA-'N-~D~ ff'l~ COLLIER COUNTY, FLORIDA, , /WAS SWORN TO and subscribed by~~'~-'~.~ej..00~,q.~ beforc me, this ]z.p--' day of ~_~ A_A_~/' Personally Known ~ Si~ature of Nom~ Public or ~~T ~[ ~¢'L~ Producedlaentification Commissioned Name of Nota~ Public T~e of Identification Produced (Please print, type or stamp) My Commission expires: '-x.~'~\ ~ -- OFFICIAL N£TFARY SEAL ~ ~ ~N~ARY PUBLIC ~ATE OF ~R~A ~ COMMISSION NO. DDl~98 7 Page 8 Settlement Agreement & Release STOCK DEVELOPMENT, LLC Witnesses: (Si~fi~ure) (Pri~nt) x ' /' THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CIBOLO INVESTMENTS, N.V., COLLIER CULTURAL AND EDUCATIONAL CENTER, STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORIDA WAS SWORN .,/ TO and subscribed by~.',q{~;?:/~.i.~l~ before me, this //7/-- da), of Si_onature of Notary Public v or ~ ' ~?/~ Produced Identification Commissioned Name of Notary Publib~ Type of Identification Produced (Please print, type or stamp) MY C°mmissi°n exP~%t ~3 OFFICIAl, NOrtxRX S~xL [ DENISE MURPHY ]NOTARY PUBLIC ffrAT£ OF FLORIDA 1 [ COMMISSION NO. DD142298 I MY COMMISSION EXP. AUG. B ' *Page 9 Settlement Agreement & Release 16K1 COLLIER COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER DONNA FIALA , Chairman Date: Approved as to form and iegal sufficiency: queline Hubbard sistant County Attorney h: JHR/texas-settlement agreement & release 9 OR: 2821 PG: 06~ 16 (1 Al tt~t ~ of Tract 'B' Lely Res¢~l Phase T~:, Plat Book 38, pages 43- 45 ~~~.~ ~ ~~~as fo~: 1~~~ ~ ~a ~~ ~.~~I~W~ ~1.~ q :~,.~, ,' *** OR: 2821 PG: 068'9 *** This ~nstrument prepared Dy (and afler recording should be returned to) .] (Space Reserved for Clerk of Court) WARRANTY DEED THIS WARRANTY DEED is made and entered into as of the __ day of , 2003, between ., a (the "Grantor"), having its principal place of business located at , and COLLIER COUNTY (the "Grantee"). Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the parties to this ~nstrument and their successors and assigns WITNESSETH: GRANTOR, for and in consideration of Ten and No/100 ($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold. and by these presents does hereby grant, bargain and sell to Grantee and Grantee's successors and assigns forever, the following described land situate and bein9 in Collier County, Florida (the "Property"), to wit Legal Description being part of Tract "B", Lely Resort Phase Two, Plat Book 18, pages 43-45, Collier County, Florida 20 Acre Parcel (See attached Exhibit "A" SuD~ect to easements, restnctions, and reservations of record THIS IS NOT HOMESTEAD PROPERTY TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining TO HAVE and to hold the same in fee simple forever GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee s~mple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property; and that Grantor will defend the same against the lawful claims of all persons whomsoever IN WITNESS WHEREOF Grantor hasnereunto set its hand and seal as of the day ant year first above written. Witnessed by: By: Print Name: By: Print Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of by . a on behalf of the . He/She is personally known to me. Name: , 200__, Notary Public, State of Florida My commission expires: Commission No. EXHIBIT C. 2791858 OR: 2821 ' ,G, 0686 RECORDED in OFFICIAL RECORDS o[ COLLIER COH?I, FL DOC-,70 .70 Rein: PIe[ UP DEED THIS DEED, Made this t'~ da), ofj,-£(-,z'r';~/'4- , 2000, by and between COLLIER CULTURAL ,',,ND EDUCATIONAL CENTER, INC., f/k/a COLLIER CULTURAL CENTER, 1NC., a Florida non-profit corporation, afthc Count), of Collier, State of Florida, hereinafter called Grantor, and BOARD OF COUN"IW COMMISSIONERS OF COLLIER COUNT~', FLORIDA. hereinafter calied Grantee, whose address is: Coliier County Government Center, Naples, Florida 34112 \VITNESSETH, that the Grantor, for and in consideration of'the sum oFSl0 00 to the Grantor in hand paid by the Grantee. thc receipt ofwhici~ is hereby acknowledged, has ~ranted. bart~ained and sold. aliened, remised, released, transferred, conveyed, and confirmed, and b~' this deed ~oes arant, bargain and sell. allen, remove, release, transfer, convey, and confirm unlo th'c Grantee, tile he'rs or successors and assigns of tim Grantee itl fee simple forever, the tbllowing described land situate in Collier Count),, Florida See Legal Description attached h:'reto as Exhibi! "A" and incorporated hereto by '.'inuc of this rcfcrcnce Exhibit "B" attached hereto and incorporated herein by virtue of this reference. TOGETHER with all tile tenements, hercditamcnts, and appurlenances, with ever5, priviJege, right, title, interest and estate, dower and right of dower, reversion, rema nder, and easement thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD :he same unto the Grantee, the heirs and assigns ofthe Grantee in fee simple forever. PLEASE RETURN DOCUMEN TO.. Thomas JR. Brown, Esq. /' 2660 AJr0ort ROad South Nap/ac, Florida 34112 OR: 2821 PG: 0687 ' 16J(1 IN \VITNESS WHEREOF, the Grantor has signed his ,uame and affixed his seal the da),, and year fir above written. \Vaher James Smith, STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CEP, TIFY that on this da.,,', before me, an officer duly authorized in tim State and Count,,' aforesaid to take acknowledgments, personally appeared WALTER JAMES SMITH, as Chairman of' COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., f/k/a COLLIER CULTURAL CENTER, INC., a Fiorida non-profit corporation, personally known to me "A'iTNESS my hand and seal this /~"- da,,' of ,/..LL~-cz',~r~...'<- ,2006. Notary. Public, State of Florida ('SEAL) This instrument prepared by; Thomas R. Brown, Esquire 2660 Airport Road Soutk Naples, Florida 34112 OFFICI AL NO'TA R Y ~,~.A L TI'lOMAS R BROV'~4 NOTARY P'kJBLIC STATE OF FLORIDA COMMLSS1ON N'O, CCgB~Sf.5 MY COM M IS,.qlON EXP. DEC, 112004 OR: 2821 PG' 0688 -Wils Miller 16K1 43- 45, C~l~...r C.~ar'~, Fl:~3.a 20 ~ P~F~{ AJ1 that part or' Tr-a~ 'B' Lely R~sort Phase Two, Plat Book 18, pages 43- 45 of the Public R~rds o( Cdiier County. Ftonda, b~ing more particut~rly dc.scribed as loliows: Cornm:ncing at the ~s~ c:~mer of sa~d Tra~ 'B': tb~nc~ along t~ r~orth ~n~ of ~aJd Tra~ 'B' Nort~ 88'03'.¢4" Ea~,, 819..41 fee[ t~ ~e Potnt cf Beg;~nir~ of 20 act,,. ~lhcnc~ c:an~nue aJo,'"~ th~ north line of sa. id Tra~ 'B" North &8'03'44' Eas~ 8.4S?-9 fee_,, lc a po~ on ~ E_as~ lir~ of .~aid Trod b~nc~ along .~id line South 04"03'03" W~st 763.95 feet la the s~x,l.h line of ~aid Tract t~nc~ along said 1~,"' '~o~l~h/281.4T f~ct along th~. arc of a non--tangenti~ ~ c~ncav~ south,,asterly ha'~%J a ra~us af 14?4.86 feet through a c~ntral anglm ~f 10'56'05" and l:~ing sub~er~e..d I:ry a ~ord which b,ar~ S~rth F:~'31'05' West 28~.05 thenc~ c~ntin.ue along said soulh line South 55'03'03' W~st 786.19 feet: thL-.r~:~ te~zmg said iin~ No~h ~'D3'D3' ~st 1325.30 f~t ta ~ Point of Su~ to e~m~nt~ and r~t~ af ~. B~nng~ a~ ~s~ on ~ no~h lin~ o¢ T~ 'B' ~ing NoCm ~'03'4~' East. VV'ltsonMllJ~ r, tr~c. Regis[er~d F_.ngir~mrs and Land Surveyors OR: .,~,- o o :; 3O3- ~2 ~1I 2821 PG: 0689 EXHIBIT "B" The County shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The County will be permitted to use the property only as a community park with such activities as softball and soccer tournaments, a site for an office, a neighborhood park, library and post office subject to the limitations set forth in this paragraph. This limitation shall be permanent. 16 2 MEMORANDUM Date: To: From: Re: January 29, 2004 Jeffery A. Klatzkow Office of the County Attorney Ann Jennejohn, Deputy Clerk Minutes & Records Department Prepayment of Educational Impact Fee Agreement w/ Heritage Bay Enclosed please find one copy of the document referenced above, Agenda Item #16K2, which was approved by the Board of County Commissioners on January 27, 2004. If you should have any questions, please contact me at 732- 2646, ext. 7240. Thank you. Enclosure PREPAYMENT OF EDUCATIONAL IMPACT FEE AGREEMENT THIS PREPAYMENT OF EDUCATIONAL IMPACT FEE AGREEMENT (this "Agreement") is made and entered into this 18th of December, 2003, by and between BAYVEST, LLC, a Florida limited liability company ("Bayvest"), CENTEX HOMES, a Nevada general partnership, ("Centex") (collectively the "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (the "County"), and the SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "School Board"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13 (the "Impact Fee Ordinance"). RECITALS: WHEREAS, the Developer is the owner of approximately 2,562 acres of real property located on the northeast comer of Immokalee Road (C.R.846) and Collier Blvd. (C.R.951) in unincorporated Collier County, Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof (the "Property"); and WHEREAS, with respect to the Property, on July 29, 2003, the County jointly passed (1) Resolution Number 2003-255, which approved, subject to certain conditions, Development Order No. 03-01 for the Heritage Bay Development of Regional Impact (the "Development Order"); and (2) Ordinance No. 2003-40, which rezoned the Property from Rural Agriculture to "PUD" Planned Unit Development (the "Heritage Bay PUD"). The development project approved in accordance with the Development Order and the Heritage Bay PUD is hereinafter referred to as the "Development"; and WHEREAS, Paragraph 9.A. of Development Order states, "The Developer shall successfully negotiate with the School Board of Collier County to make adequate provision for educational facilities needed to accommodate the impacts of the proposed development, which may include a schedule for prepayment of school impact fees with the School Board of Collier County;" and WHEREAS, by letter dated September 18, 2003, the Developer hand delivered a check in the sum of $1,700,000.00 to the County, as prepayment of a portion of its Educational Impact Fees for the Development, which check was in mm delivered to the County Clerk's Office (the "Clerk") for safekeeping pending the execution of this Agreement; and WHEREAS, the School Board wishes to accept the Developer's $1,700,000.00 prepayment of a portion of its Educational Impact Fees for the Development, subject to the terms set forth below. 16/(2 NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. The School Board hereby accepts from the Developer the sum of ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($1,700,000.00) as prepayment of a portion of the anticipated Educational Impact Fees to be imposed by the County in connection with the Development (the Prepayment"). In accordance with both the Impact Fee Ordinance and the Interlocal Agreement for Collier County Educational Facilities Impact Fee Ordinance, dated June 23, 1992 (the "Interlocal Agreement"), the Prepayment shall be paid by the Clerk to the School Board for deposit into an educational facilities impact fee trust account. The Developer will be credited the amount of the Prepayment towards the payment of future Educational Impact Fees that shall become due for the Development (the "Credit"). The Credit shall be reduced by the entire amount of each Educational Impact Fee due for each Building Permit issued in connection with the Development calculated in accordance with the Educational Impact Fee rate schedule in effect at the date of Building Permit applications. The Credit shall be valid for a duration of five (5) years from the date of this Agreement, at which point the Credit shall expire and no longer be available to the Developer to offset any Educational Impact Fees associated with the Development. The Developer shall not be entitled to a refund of any unused Credit. 2. The Credit shall be applied as follows and County and School Board agrees that concurrency requirements for Educational Facilities have been met for the following numbers and types of dwelling units based on the Prepayment: 375 Single family 1249 Multi-family 3. The Credit shall: (i) run with the Property until the credits expire, are exhausted pursuant to this Agreement or have been assigned in accordance with an assignment agreement complying with Section 74-205 of the Impact Fee Ordinance, and executed by the Developer, the School Board and the County and (ii) be applied solely to Educational Impact Fees and shall not offset, diminish or reduce any other charges, fees for which the Developer, its successors and assigns are responsible. The Developer shall be obligated to notify the County that the Credit is available, each time a Building Permit is applied for in connection with the Development. 4. The Developer agrees that it will not submit its own alternative Educational Impact Fee calculation, but instead will abide by the duly adopted Educational Impact Fees in effect at the date of Building Permit Application. 5. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 16 2 6. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 7. The Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve the Developer or its successors or assigns, of the necessity of complying with any applicable law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 8. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 9. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 10. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "B". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 11. This Agreement is the entire agreement between the parties, and it supercedes all previous oral and written representations, agreements and understandings between the parties, including, but not limited to, the correspondence dated May 20, 2003 and July 1, 2003 between Developer's counsel, R. Bruce Anderson and Michael Kirk, Director of Facilities Planning and Construction for the School Board, and Mr. Anderson's letter dated September 18, 2003 addressed to Commissioner Henning, which correspondence is considered by all parties to be mere proposals only and of no legal or equitable force or effect. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 16K2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /~~.t i e~,Z~ D"b--~n aTl~ ~ 1~ ,'~Cha±r per s on ATTEST: By: ~~Z' Print Name: DISTRICT SCHOOL BOARD OF COLLIER COUNTY, By: LOt__ Dick J. Brace, Chair ATTEST: Print Name: 2~., f~../~. ~ BAYVEST, LLC, a Florida limited liability company Michael Hueniken Bayhome USH, Inc. Managing Member Its Vice President 4 16K2 ATTEST: Print CENTEX HOMES, a Nevada general partnership By: Jeffrey A. Kh Assi~ant Coq 420202 2 sufficiency: :kow Attorney EXHIBIT A 16 K2 Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida EXHIBIT B 16N2 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 3.3 3.4 16g2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: 16/(> 5.1 5.2 5.3 A brief summary of the nature of the dispute involved in each part of the claim. The amount of compensation being requested for each part of the claim along with supporting information. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. ADMINISTRATION OF ARBITRATION: The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full o o 16K2 exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 4 16K2 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. ao A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 5 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 16 2 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 16K2 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney .4 TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. 9 Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. H/Jackie/Dispute Resolution Procedure 10 MEMORANDUM 16K5 Date: To: From: Re: January 29, 2004 Jacqueline Hubbard Robinson Assistant County Attorney Ann Jennejohn, Deputy Clerk Minutes & Records Department Rock Oil Settlement and Tolling Agreement Enclosed please find one copy of the document referenced above, Agenda Item #16K5, approved by the Board of County Commissioners on January 27, 2004. Please forward this document on to the appropriate parties for their files. If you should have any questions, please contact me at extension 732-2646, ext. 7240. Thank you. SETTLEMENT AND TOLLING AGREEMENT WITH THE ROCK OIL COMPANY THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between COLLIER COUNTY, (hereinafter referred to as "the County"), a political subdivision of the State of Florida and ROCK OIL COMPANY, a Missouri Corporation, (hereinafter referred to as "Rock Oil"). WITNESSETH:: WHEREAS, Rock Oil has filed a Complaint against Collier County in the United States District Court for the Middle District of Florida in Case No. 2:03-CV- 65-FTM- 29DNF, alleging that Collier County violated its Constitutional rights under the Fifth and Fourteenth Amendments to the United States Constitution and the Florida Constitution; and WHEREAS, the matter has been set for trial; and WHEREAS, Rock Oil and the County, desire to settle the disputes in Case No. 2:03-CV- 65-FTM-29DNF and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to Rock Oil's Complaint; and WHEREAS, Rock Oil and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Rock Oil and the County agree as follows: 1 5 Rock Oil and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement. In an attempt to resolve all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the above-referenced Case; and in consideration of the promises contained herein, the parties agree as follows: 1. Rock Oil shall begin the process to administratively pursue a variance of the provisions of the Sign Code for its business establishment in Collier County within thirty (30) days of approval of this agreement by the Coll_ier county Board of County Commissioners. 2. Collier County agrees to toll the applicable Statute of Limitations for a period of no longer than twelve (12) months, from January 8, 2004 to January 8, 2005, or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County, which ever event occurs first. 3. Rock Oil agrees to dismiss the aforementioned Case without prejudice within thirty (30) days of approval of this agreement by the Collier County Board of County Commissioners. 4. Collier County agrees not to pursue enforcement activity for a period of no longer than twelve (12) months, from January 8, 2004 to January 8, 2005, or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County, which ever event occurs first, as to the following alleged violations: (a). The Pole sign predates January 1991. Also, it was altered in approximately 1999 to include a reference to the Touchless Car Wash. To comply with LDC section 2.5.5.2.5.5., a sign permit must be obtained, and the free-standing sign must be lowered to 8 feet above centerline grade, reduced to 60 square feet in size, must incorporate a 200 square foot landscape area at the base of the sign, and must display the sign permit number. As it exists now, the sign is an illegal, non-conforming sign. (b). Canopy accent striping and the primary yellow color are prohibited by LDC sections 2.5.5.2.5.5.(2) and 2.6.28.1.(17). The canopy must be of a single soft earth tone or pastel color. Corporate logos of 12 square feet can be permitted for the two faces of the canopy with street frontages, if desired. (c). Pump signs (aka toppers), logos, advertising, and information are prohibited above pumps by LDC section 2.5.5.2.5.5.(4), and must be removed. 5. Rock Oil agrees to apply for and submit all necessary documents for a permit for the "Touchless Car Wash" sign within thirty (30) days of approval of this agreement by the Collier County Board of County Commissioners. : 6. Ro~k Oil agrees to apply for and submit all necessary documents for a permit for the Wall signs facing both Tamiami Trail North and Granada within thirty (30) days of approval of this agreement by the Collier County, Board of County Commissioners. 7. Rock Oil agrees to comply with requirements for window signage (non-reflective, non-illuminated, and non-electrical) and reduce them to no more than 25 % for each window area within ninety (90) days of approval of this agreement by the Collier County Board of Count Commissioners. 8. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Rock Oil and the County, agree to be bound by the terms of this agreement and on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns.. to and shall be binding upon their employees, ex-employees, agents, assigns, spouses, heirs and affiliates. Rock Oil and the County acknowledge and agree that this Agreement is intended respective owners, principals, officials, officers, attorneys, representatives, insurers, successors, 3 ~ 16K 5 , ! 10. Rock Oil and the County acknowledge and agree that this Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 11. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 12. In the event of an alleged breach of this Agreement the sole venue for any resulting a<:tion shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 13. This Agreement shall be governed by the laws of the State of Florida. 14. In the event Rock Oil refiles its law suit against the County, the parties Agree that mediation shall not be necessary. IN WITNESS WHEREOF, Rock Oil and the County have signed and sealed this Agreement as set forth below: ROCK OIL COMPANY: ~ \.. Witnesses: (~, /S/. ...? ~ By: CI(¡¿;5Tð rlfétt 1<£ ~ rtl L.LA Y c 6ROOKf!:t<.. (Print) / /4 eIIIJ tpr- -cf ~ M /Ck~I'(. ';-clwiV"øL AY'i'f'OJoJ (Print) 4 1: 6K' ,.1""'1." "1, ~) THIS SETTLEMENT AGREEMENT BETWEEN ROCK OIL COMPANY AND COLLIER COUNTY, FLORIDA W AS SWORN TO and subscribed by êhns-\tf>her \<emph, before me, this Rib. day of -:\Qnun..r~ ,~. zooL./ ~() ((¿¡¿fuf-. S iJ~~~~re of N qf~oJ¡1/y'~~~Çj f:fJ;&)":~ MY COMMISSION fJ CC91ß233 EXPIRES ~, foci January 1 B, 2004 "'14;iif.~" BONDED THRU TROY fAIN INSURANCE, INC. Personally Known or Produced Identification V" Commissioned Name of Notary Public (Please print, type or stamp) t--\ \~sou.r l Or lU'e(, lH:.Il(\~ Type of Identification Produced My Commission expires: COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida . ....... BOARD OF COUNTY COMMISSIONERS OF COLLIER :~UN~= d~ DONNA F ALA , ChaIrman " '~S·.:'P\~) Date: ~,~ , ., Approved as to form and legal sufficiency: acqueline Hubbard-Robinson ssistant County Attorney 5 xtJ'n¥" ICe r-5 ~ Qa-k: l-21rO~ ~ ota.c; l-2«(-ott ~~/D,L. h: JHRJ Summer House settlement agreement & release 16K 6 ~ "~ MEMORANDUM Date: January 28, 2004 To: Raymond Smith Pollution Control « Prevention From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: De Minimus Settlement Agreement with EPA Enclosed please find one (1) original document as referenced above, approved by the Board of County Commissioners on Janaury 27, 2004 (Agenda Item #16K6). Kindly forward this document for the required signature(s), and return a fully executed original to Minutes and Records. If you should have any questions, please contact me at: 732-2646, ext 7240. Thank you, Ann Jennejohn Minutes & Records Enclosures (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 16K 6 " ) IN THE MA ITER OF: ) ) Florida Petroleum Reprocessors Site ) Davie, Florida ) ) Proceeding under Sections 122(g)(4) ) and 122(h)(1) of the Comprehensive ) Environmental Response, Compensation, ) and Liability Act of 1980, as amended, ) 42 U.S.c.§§ 9622(g)(4) and 9622(h)(1) ) ADMINISTRATIVE ORDER ON CONSENT Docket No.: CER 04-2004-3751 I. JURISDICTION 1. This Administrative Order on Consent ("Consent Order" or "Order") is issued pursuant to the authority vested in the President ofthe United States by Sections 122(g)(4) and 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. §§ 9622(g)(4), and 9622(h), to reach settlements in actions under Section 106 or 107 of CERCLA, 42 U.S.c. §§ 9606 or 9607, The authority vested in the President has been delegated to the Administrator of the United States Environmental Protection Agency ("EPA") by Executive Order 12580,52 Fed. Reg. 2923 (Jan. 29, 1987), and further delegated to the Regional Administrators of the EPA by EPA Delegations Nos. 14-14-D (for Section 122(h» and 14-14-E, (for Section 122(g». Authority under Section 122(g) was re-delegated to the Director, Waste Management Division, EPA, Region 4, and further re-delegated to the Chief of the Waste Programs Branch by EPA Region 4 Delegation No. 14-14-E. Authority under Section 122(h) was re-delegated through the Director, Wa..te Management, EPA, Region 4, and further re-delegated to the Chief, Waste Programs branch by Region 4 Delegation No. 14-14-D. The Waste Programs Branch has been renamed and is currently known as the Superfund Enforcement & Information Manageme:1t Branch. This Agreement is also entered into pursuant to the authority of the Attornf'J General of the United States to compromise and settle claims of the United State" which authority, in the circumstances of this settlement, has been delegated to the Assist. 1:.1 Attorney General, Environment and Natural Resources Division, U.S. Department of Ju~rice. 2. This Consent Order is entered into voluntarily by and between EP A, the City of Fort Lauderdale, Florida ("City"), and the persons, corporations, or oth~r entities identified in Appendix A ("Respondents"), The City and each Respondent agree to undertake all actions required of such party by this Consent Order. The City and each Respondent I r..,~~_,(~<.;.. ,r't~ further consent to and will not contest the authority of the United States to issue this .. u Consent Order or to implement or enforce its terms. 3, The Parties agree that the actions undertaken in accordance with this Consent Order do not constitute an admission of any liability by the City or any Respondent. The City and the Respondents do not admit, and retain the right to controvert in any subsequent· proceedings other than proceedings to implement or enforce this Consent Order, the validity of the Statement of Facts or Determinations contained in Sections IV and V, respectively, of this Consent Order. II. STATEMENT OF PURPOSE 4. By entering into this Consent Order, the mutual objectives of the Parties are: a. to avoid the potential for difficult, prolonged and complicated litigation between the City, the Respondents and/or EPA; b. to reach a final settlement between EP A and the Respondents with respect to the Site pursuant to Section 122(g) of CERCLA, 42 U.S.c. § 9622(g), that allows each Respondent to make a cash payment. including a premium, to resolve each Respondent's alleged civil liability under Sections 106 and 107 of CERCLA, 42 U.S.c. § 9606 and 9607, for injunctive relief with regard to the Site and for response costs incurred or to be incurred at or in connection with the Site, subject to reservations of rights contained herein; c. to reach a final settlement between EPA and the City with respect to the Site pursuant to Section 122(h) of CERCLA, 42 V.S.c. § 9622(h). and the authority of the Attorney General to compromise and settle claims of the United States, that allows the City to resolve its alleged civil liability under Sections 106 and 107 of CERCLA, 42 V.S.C. §§ 9606 and 9607, for injunctive relief with regard to the Site and for response costs incurred or to be incurred at or in connection with the Site, subject to reservations of rights contained herein; d. to simplify any remaining administrative and judicial enforcement activities concerning the Site by eliminating a substantial number of potentially responsible parties from further involvement at the Site. thereby reducing litigation relating to the Site; e. to obtairia final settlement among the Parties for the Respondents' fair share of response costs incurred and to be incurred at or in connection with the Site by the EP A Hazardous Substance Superfund and by private and governmental parties, and to provide for full and complete contribution protection for the Respondents, including protection from claims among the Parties, with ,regard to the Site 2 " ,,', if? ,.;' I"~ .~" L..-lJ '-~'- , : '....."'. !' further consent to and will not contest the authority of the United States to issue this ~ Consent Order or to implement or enforce its tenns. 3, The Parties agree that the actions undertaken in accordance with this Consent Order do not constitute an admission of any liability by the City or any Respondent. The City and the Respondents do not admit, and retain the right to controvert in any subsequent - proceedings other than proceedings to implement or enforce this Consent Order, the validity of the Statement of Facts or Determinations contained in Sections IV and V, respectively, of this Consent Order. II. STATEMENT OF PURPOSE 4. By entering into this Consent Order, the mutual objectives of the Parties are: a. to avoid the potential for difficult, prolonged and complicated litigation between the City, the Respondents and/or EPA; b. to reach a final settlement between EP A and the Respondents with respect to the Site pursuant to Section 122(g) of CERCLA, 42 D.S.C. § 9622(g), that allows each Respondent to make a cash payment, including a premium, to resolve each Respondent's alleged civil liability under Sections 106 and 107 ofCERCLA, 42 U .S.c. § 9606 and 9607, for injunctive relief with regard to the Site and for response costs incurred or to be incurred at or in connection with the Site, subject to reservations of rights contained herein; c. to reach a final settlement between EP A and the City with respect to the Site pursuant to Section 122(h) of CERCLA, 42 U.S.c. § 9622(h), and the authority of the Attorney General to compromise and settle claims of the United States, that allows the City to resolve its alleged civil liability under Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, for injunctive relief with regard to the Site and for response costs incurred or to be incurred at or in connection with the Site, subject to reservations of rights contained herein; d. to simplify any remaining administrative and judicial enforcement activities concerning the Site by eliminating a substantial number of potentially responsible parties from further involvement at the Site, thereby reducing litigation relating to the Site; e. to obtain a final settlement among the Parties for the Respondents' fair share of response costs incurred and to be incurred at or in connection with the Site by the'. EP A Hazardous Substance Superfund and by private and governmental parties, and to provide for full and complete contribution protection for the Respondents, including protection from claims among the Parties, with ,regard to the Site 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 161<6 IN THE MATTER OF: Florida Petroleum Reprocessors Site Davie, Florida Proceeding under Sections 122(g)(4) and 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C.§§ 9622(g)(4) and 9622(h)(I) ADMINISTRATIVE ORDER ON CONSENT Docket No.: CER 04-2004-3751 I. JURISDICTION This Administrative Order on Consent ("Consent Order" or "Order") is issued pursuant to the authority vested in the President of the United States by Sections 122(g)(4) and 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. §§ 9622(g)(4), and 9622(h), to reach settlements in actions under Section 106 or 107 of CERCLA, 42 U.S.C. §§ 9606 or 9607. The authority vested in the President has been delegated to the Administrator of the United States Environmental Protection Agency ("EPA") by Executive Order 12580, 52 Fed. Reg. 2923 (Jan. 29, 1987), and further delegated to the Regional Administrators of the EPA by EPA Delegations Nos. 14-14-D (for Section 122(h)) and 14-14-E, (for Section 122(g)). Authority under Section 122(g) was re-delegated to the Director, Waste Management Division, EPA, Region 4, and further re-delegated to the Chief of the Waste Programs Branch by EPA Region 4 Delegation No. 14-14-E. Authority under Section 122(h) was re-delegated through the Director, Wa ;re Management, EPA, Region 4, and further re-delegated to the Chief, Waste Programs branch by Region 4 Delegation No. 14-14-D. The Waste Programs Branch has been renamed and is currently known as the Superfund Enforcement & Information Management Branch. This Agreement is also entered into pursuant to the authority of the Attorney General of the United States to compromise and settle claims of the United State ,, which authority, in the circumstances of this settlement, has been delegated to the Assist: x:Jt Attorney General, Environment and Natural Resources Division, U.S. Department of Justice. This Consent Order is entered into voluntarily by and between EPA, the City of Fort Lauderdale, Florida ("City"), and the persons, corporations, or other entities identified in Appendix A ("Respondents"). The City and each Respondent agr&e to undertake all actions required of such party by this Consent Order. The City and each Respondent fo pursuant to Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(g)(5); and 16}{6 to obtain a final settlement among the Parties for the City' s fair share of response costs incurred and to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund and by private and governmental parties, ~ind to provide for full and complete contribution protection for the City, including protection from claims among the Parties, with regard to the Site pursuant to Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(h)(4). ~ III. DEFINITIONS Unless otherwise expressly provided herein, terms used in this Consent Order that are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in the statute or regulations. Whenever the terms listed below are used in this Consent Order, the following definitions shall apply: ao "CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq. "Consent Order" or "Order" shall mean this Administrative Order on Consent and all appendices attached hereto. In the event of conflict between this Order and any appendix, the Order shall control. "City" or "City of Fort Lauderdale" shall mean the City of Fort Lauderdale, Florida its departments, agents and instrumentalities. do "Day" shall mean a calendar day. In computing any period of time under this Consent Order, where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall mn until the close of business of the next working day. eo "EPA" shall mean the United States Environmental Protection Agency and any successor departments, agencies or instrumentalities. g° "EPA Hazardous Substance Superfund" shall mean the Hazardous Substance Superfund established by the Internal Revenue Code.. 26 U.S.C. § 9507. "FI:'R Facility" shall:mean the former Florida Petroleum Reprocessors facility located at 3211 S.W, 50thAvenue, Davie, Broward County, Florida, immediately east of the Florida Turnpike, about Va mile south of Interstate 595, which operations included waste oil reprocessing. 3 he "Interest" shall mean interest at the current rate specified for interest on investments of the EPA Hazardous Substance Superfund established by 26 U.S.C. § 9507, compounded annually on October 1 of each year, in accordance with 42 U.S.C. § 9607(a). "Paragraph" shall mean a portion of this Consent Order identified by an Arabic numeral. "Parties" shall mean EPA, the City of Fort Lauderdale, and the Respondents. "Respondents" shall mean those persons, corporations, or other entities listed in Appendix A. "Response costs" shall mean all costs of "response" as that term is defined by Section 101(25) of CERCLA, 42 U.S.C. § 9601(25). mo "Section" shall mean a portion of this Consent Order identified by a Roman numeral. no "Site" shall mean the Florida Petroleum Reprocessors Superfund Site, which includes the FPR Facility property which formerly contained a waste oil recycling operation approximately one acre in size located at 3211 SW 50th Avenue in Davie, Broward County, Florida, south of Fort Lauderdale. The Site also includes an area along the south side of 1-595, and east of the Florida Turnpike, which is now owned by the Florida Department of Transportation. The Site also includes the groundwater contamination originating from these two source' areas, which is documented by the data as depicted in Figures 4-20 and 4-21 of the Record of Decision issued by EPA for the Site. At the time of the Record of Decision, this Site covered an area of approximately 870 acres in size and was generally bounded to the north by Peters Road, that divides the northern and southern portion of the current Peele-Dixie Wellfield, to the east by U.S. Route 441, to the south by Orange Drive, and to the west by the Florida Turnpike. The Site is depicted generally on the map attached as Appendix B. Oo "United States" shall mean the United States of America, including its departments, agencies and instrumentalities. IV. STATEMENT OF FACTS The Florida Petroleum Reprocessors (FPR) Facility, located at 3211 S.W. 50'h Avenue, Davie, Broward County, Florida, was a former waste oil reprocessing facility. Operations at the FPR Facility were conducted under a variety of names, including Barry's Waste Oil, Oil Conservationists, Inc., Florida Petroleum Reprocessors, and South Florida Fuels. 4 o 10. 11. 12. 13. 16 (6 Operations principally included the temporary storage and reprocessing of waste oil. Current records indicate that more than 15 million gallons of waste oil were collected at the FP.R Facility from many sources, including the Respondents listed in Appendix A and the City. This waste oil leaked from tanks and spilled onto the ground causing extensive soil ~d groundwater contamination during operations at the FPR Facility. The waste oil contained hazardous substances as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601 (14), including volatile organic compounds (VOCs). In the Spring of 1996, EPA's Emergency Response and Removal program conducted an assessment of the FPR Facility. The FPR Facility was abandoned at that time. There were several above-ground tanks and drams in poor condition, containing waste oil and wastewater at the FPR Facility. The secondary containment structures around these tanks and drums had deteriorated. The contents of the tanks and drams were sampled, and the results indicated the presence of VOCs and other hazardous substances. EPA determined that an immediate response action was warranted to address the imminent threat posed by the tanks and drums and to stabilize the FPR Facility pending further evaluation. As a result, removal activities were undertaken and all tanks and an estimated 13,000 gallons of waste oil and 26,000 gallons of wastewater were removed from the Site. This work was completed in 1997 pursuant to an Administrative Order on Consent with Florida Petroleum Reprocessors Steering Committee, whose member(s) are currently part of the major FPR potentially responsible party group ("major FPR PRP group"). EPA's contractor completed the field work for the remedial investigation (RI) for the FPR Site in April 1997 and issued a RI and feasibility study (FS) report in June 1998. The Site was placed on the National Priorities List on March 6, 1998. A second round of removal activities was conducted by the major FPR PRP group in 1999, pursuant to a second Administrative Order on Consent, to address the highly contaminated soils ranging from ground surface to a depth of approximately 12 feet below ground surface. Contaminants removed included chlorinated VOCs and petroleum-related compounds. Approximately 6,000 tons of soil were removed for off- Site disposal. The excavated areas were filled in with clean soil. A third round of remOval activities is currently on-going, and was statted by the major FPR PRP gloup in November 2000, pursuant to a third Administrative Grder on Consent, to address deep soil contamination and a zone of residual dense nonaqueous-phase liquid (DNAPL) in the northwestern portion of the FPR Facility, at a depth from 34 to 43 feet below ground surface. This material was believed to represent a continual source of contamination to the Biscayne aquifer, the sole source of drinking water for Dade and 5 14. iOK' Broward counties. The work to treat the residual DNAPL contamination is being performed using a technique known as chemical oxidation. The treatment process involves the injection of chemicals into the zone of contamination, which produces a chemical reaction to transform the contaminants into nontoxic compounds. In addition to the contaminants that have been released from the FPR Facility, a second source of groundwater contamination is located along the south side of 1-595, and east of the Florida Tumpike. This second source is the location of a former junkyard known as Starta Sales & Salvage that operated at the location from 1965 until 1974. Approximately 1,600 junk cars had been stored on the property at one time, with some of:the junk cars being dumped into a water-filled borrow pit along the west side of the property. Automobile salvage and service businesses continued to operate at this location until 1984. The property was subsequently acquired by the Florida Department of Transportation (FDOT) in 1984 in advance of the construction of 1-595 at this location in the late 1980's. 6 15. 16. 17. 18. The three rounds of removal activities described above were performed by the major FPR PRP group. EPA anticipates that the major FPR PRP group will also perform the remaining work that needs to be done at or in connection with the Site. EPA is currently negotiating a Remedial Design/Remedial Action Consent Decree (Consent Decree) with the major FPR PRP group and several other parties to implement a remedy for the Site that is protective of human health and the environment. In performing the response actions, EPA has incurred and will continue to incur response costs at or in connection with the Site. The amount of EPA's unreimbursed response costs at the Site totaled $5,587,798.14 as of August 19, 2003. The City has also undertaken response activities at the Site under an Administrative Order on Consent with EPA dated February 11, 1994, docket number 93-34-C (AOC). In complying with the AOC, the City incurred over $1,224,381.78 in response costs in designing, constructing, and operating an air stripper system to remove Site-related VOCs now believed to have migrated to the southern portion of the City's Peele Dixie Wellfield. Under the AOC, the City now owes $83,271.88 for EPA's oversight costs. In. addition, the City owes $24,381.78 for the 6,366 gallons of waste oil it sent to the FPR Facility, as set forth on Appendix C. Under this Consent Order, the City will be reimbursed for some of its over $1,224,381.78 in response costs and is relieved of its obligatJ, ons under Section VIII of the AOC to pay EPA's $83,271.88 in oversight costs. The reimbursement to the City under this Consent Order has been reduced to reflect the $24,381.78 owed by the City for the 6,366 gallons of waste oil it sent to the FPR Facility. Attached hereto as Appendix C and incorporated by reference herein is the De Minimis 6 19. 20. 21. 16 6 Cost Matrix, which lists the total volume in gallons that each Respondent and the City contributed to the Site, based on records currently available to EPA. The De Minims · Cost Matrix also lists the amount each Respondent must pay to EPA and to the City to settle under this Consent Order. The volume attributed to each Respondent and the City is based on records of the owner or operator of the FPR Facility, records such as spread sheets and driver tickets containing information on how much and from whom waste oil was picked up and delivered to the Site. Based on these sources of information, EPA has determined that each Respondent listed in Appendix A and the City: arranged for disposal or treatment of a hazardous substance owned or possessed by such Respondent or the City, to the Site; or arranged with a transporter for the transport for disposal or treatment, of a hazardous substance owned or possessed by such Respondent or the City, to the Site; or accepted hazardous substances for transport to the Site which was selected by such Respondent or the City. The amount of hazardous substances contributed to the Site by each Respondent and the City is more than 110 gallons but not more than 10,000 gallons of materials containing hazardous substances, and the hazardous substances contributed by each Respondent and the City tO the Site are not significantly more toxic or of significantly greater hazardous effect than other hazardous substances at the Site. EPA estimates that the total response costs incurred and to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund and by private and governmental parties is $14,832,741.81. The payment required to be made by each Respondent pursuant to this Consent Order is a minor portion of this total amount. V. DETERMINATIONS Based upon the Statement of Facts set forth above and on the administrative record for this Site, EPA has determined that: no The Florida Petroleum Reprocessors Superfund Site is a "facility" as that term is defined in Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). bo Each Respondent is a "person" as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). Co do The City is a "person" as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. § 960i(21). Each Respond~mt is a "potentially responsible party" under Section 122(g)( D of CERCLA, 42 U.S.C. § 9622(g)(1). e. The City is a "potentially responsible party" under Section 107(a) of CERCLA, 42 22. 23. go jo U.S.C. § 9607(a)(I). There has been an actual or threatened "release" of a "hazardous substance" from the Site as those terms are defined in Section 101(22) and (14) of CERCLA, 42 10.S.C. § 9601(22) and (14). The actual or threatened "release" caused the incurrence of response costs. Prompt settlement with each Respondent and the City is practicable and in the public interest within the meaning of Section 122(g)(1) of CERCLA, 42 U.S.C. § 9622(g)(1). As to each Respondent and the City, this Consent Order involves only a minor portion of the response costs at the Site within the meaning of Section 122(g)(1) of CERCLA, 42 U.S.C. § 9622(g)(1). The amount of hazardous substances contributed to the Site by each Respondent and the City, and the toxic or other hazardous effects of the hazardous substances contributed to the Site by each Respondent and the City are minimal in comparison to other hazardous substances at the Site within the meaning of Section 122(g)(1)(A) of CERCLA, 42 U.S.C. § 9622(g)(1)(A). VI. ORDER Based upon the administrative record for the Site and the Statement of Facts and Determinations set forth above, and in consideration of the promises and covenants set forth herein, the following is hereby AGREED TO AND ORDERED: VII. PAYMENT To enter into this Consent Order and settle each Respondent's CERCLA liability to the United States for the Site, (subject to the Reservations of Rights by the United States in Section XI.), each Respondent must make two separate payments, one to EPA and one to the City of Fort Lauderdale. The payment amounts for each Respondent are listed in Appendix C. Payment One shall be made to the "EPA Hazardous Substance Superfund", in the amount set forth in Appendix C, column labeled "PAYMENT TO EPA (75% OF TOTAL)"; and Payment Two shall be made to the "City of Fort Lauderdale, care of City Manager," in the amount set forth in Appendix C, column labeled "PAYMENT TO CITY (25% OF TOTAL)." 24. 25. 26. 27. 1'6 ( 6 NO PAINT IS DUE AT THIS TIME. In approximately 90 to 120 days, EPA will send you a separate letter telling you when to make your payments and where to send them. The letter will give you 30 days from the date of the letter to send your two payments to the addresses provided in the letter. The 'City shall submit written notice to EPA of the payments it has received under this Consent Order within 60 days of the date upon which payments to the City under this Consent Order are due. The City covenants and agrees to make payment to the EPA Hazardous Substance Superfund of all amounts in excess of $1,200,000.00 that the City receives under this Consent Order. The City's payment, if any, shall be submitted within 90 days of the date upon which payments to the City under this Consent Order are due. All payments due under this Consent Order shall be made by certified or cashier's check. Each check shall reference the name and address of the party making payment, the Site name (Florida Petroleum Reprocessors Site), the Sit6 Spill ID Number, (A416), and the EPA docket number for this action, (CER 04-2004-3751). Each Respondent's payment includes an amount for: a. all past response costs incurred at or in connection with the Site; projected future response costs to be incurred at or in connection with the Site; and Co a premium to cover the risks and uncertainties associated with this settlement, including but not limited to, the risk that total response costs incurred or to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund, any private party, or any governmental party, will exceed the estimated total response costs upon which each Respondent's payment on Appendix C is based. VIII. FAILURE TO MAKE PAYMENT If any Respondent fails to make full payment within the time required by this Consent Order, that Respondent shall pay Interest on the unpaid balance at the rate specified for interest on investments of the EPA Hazardous Substance Superfund established by the Internal' Revenue Code, 26 U.S.C. § 9507, compounded annually on October 1 of each year, in accordance with 42 U S.C. § 9607(a). In addition, if any Respondent fails to make fultpayment as required by this Consent Order, the United States, may, in addition to any other available remedies or sanctions, bring an action against that Respondent seeking injunctive relief to compel payment and/or seeking civil penalties under Section 122(/) of CERCLA, 42 U.S.C. § 9622(/) for failure to make timely payment. 9 28. 29. 30. IX. CERTIFICATION OF RESPONDENTS AND THE CITY By signing this Consent Order, each Respondent and the City certifies, individually, that, to the best of its knowledge and belief, it has: ao conducted a thorough, comprehensive, good faith search for documents, and has fully and accurately disclosed to EPA, all documents and information currently in its possession, or in the possession of its officers, directors, employees, contractors or agents, which relates in any way to the ownership, operation, or control of the Site, or to the ownership, possession, generation, treatment, transportation, storage or disposal of a hazardous substance, pollutant, or contaminant at or in connection with the Site; bo not altered, mutilated, discarded, destroyed or otherwise disposed of any records, documents, or other information relating to its potential liability regarding the Site after notification of potential liability or the filing of a suit against it regarding the Site; fully complied with any and all EPA requests for information regarding the Site pursuant to Sections 104(e) and 122(e) of CERCLA, 42 U.S.C. §§ 9604(e) and 9622(e); and do accurately disclosed to EPA the amount of response costs it incurred at or in connection with hazardous substances at the Site. This subparagraph d. applies to the City only. X. COVENANT NOT TO SUE BY UNITED STATES In consideration of the payments that will be made by Respondents under the terms of this Consent Order, and except as specifically provided in Section XI (Reservations of Rights by United States), the United States covenants not to sue or take administrative action against any of the Respondents pursuant to Sections 106 or 107 of CERCLA, 42 U.S.C. §§ 9606 or 9607, relating to the Site. With respect to present.and future liability, this covenant not to sue shall take effect for each Respondent upon receipt by the United States of that Respondent's payment to the United States as is required by Section VII. With respect to each Respondent, individually, this covenant not to sue is conditioned upon: a) the satisfactory performance by Respondent of all obligations under this Consent Order, including valid certification in Section IX; and b) the veracity of the information provided to EPA by Respondent relating to Respondent's involvement with the Site. This covenant not to sue extends only to Respondents and does not extend to any other person. Except as specifically provided in Section XI (Reservations of Rights by united States), 10 16K 6 '" the United States covenants not to sue or take administrative action against the City pursuant to Sections 106 and 107 of CERCLA, 42 U.S.c. §§ 9606 and 9607, relating to the Site. With respect to present and future liability, this covenant not to sue shall take effect with respect to the City upon the effective date of this Consent Order. With respect to the City, this covenant not to sue is conditioned upon: a) the satisfactory performance by the City of all obligations under this Consent Order, including valid certification-in Section IX; and b) the veracity of the information provided to EP A by the City relating to the City's involvement with the Site. This covenant not to sue extends only to the City and does not extend to any other person. XI. RESERVATIONS OF RIGHTS BY UNITED STATES 31. The covenant not to sue by the United States set forth in this Consent Order does not pertain to any matters other than those expressly specified in Section X. The United States reserves, and this Consent Order is without prejudice to, all rights against Respondents and the City with respect to all other matters including, but not limited to: a. liability for failure to meet a requirement of this Consent Order; b. criminal liability; c. liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; or d. liability arising from any future arrangement for disposal or treatment of a hazardous substance, pollutant or contaminant at the Site after the effective date of this Consent Order. 32. If information not known to EPA as of the effective date of this Consent Order is discovered which indicates that the volume of waste oil contributed to the Site by any Respondent exceeds the volume which Respondent has certified as accurate under this Consent Order, but where the total amount contributed by such Respondent is less than 10,000 gallons, EPA, in its discretion, may require such Respondent to make payment(s) to account for the additional volume. EPA will calculate the additional payment(s) using the same payment formula that was used in determining Respondent's initial payment amount reflected on Appendix C. By signing this Consent Order, each Respondent agrees to pay the additional payment(s) within 15 days of demand by EPA. In the event that any Respondent fails to make the additional payment(s) within 15 days of EPA's demand, EPA may, by written notice to the nonpaying Respondent, void this Consent Order as between EP A and the nonpaying Respondent. In the event that any Respondent fails to make the additional payment(s) within 15 days of EPA's demand, notwithstanding any other provision of this Consent Order, the United States, including EPA, reserves, and this Consent Order is without prejudice to, the right to institute judicial proceedings 11 16K6 , ... seeking to compel such nonpaying Respondent to reimburse EP A for a higher share of response costs than such Respondent is paying under this Consent Order. 33. If information not known to EP A as of the effective date of this Consent Order is discovered which indicates that the volume of waste oil contributed to the Site by any Respondent or the City exceeds 10,000 gallons. or which indicates that the hazardous substances contributed by any Respondent or the City are of such greater toxic or other hazardous effects compared to the other hazardous substances at the Site, EP A, in its discretion, may determine that the Respondent or the City, respectively, is no longer eligible for this settlement, and, by written notice to such ineligible party, may void this Consent Order as between EPA and such ineligible party. In such case, notwithstanding any other provision in this Consent Order, the United States, including EPA, reserves, and this Consent Order is without prejudice to, the right to institute judicial or administrative proceedings, including an administrative order, against any Respondent or the City seeking to compel that Respondent or the City to perform response actions relating to the Site, and/or to reimburse the United States for additional response costs at the Site. XII. COVENANTS BY THE CITY AND RESPONDENTS 34. The City and Respondents covenant not to sue and agree not to assert any claims, demands, or causes of action against the United States, or its contractors or employees relating in any way to the Site or this Consent Order, including, but not limited to: a. any direct or indirect claim for reimbursement from the EP A Hazardous Substance Superfund based on Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U.S.c. §§ 9606(b)(2), 9607,9611,9612, or 9613, or any other provision of law; b. any claim arising out of response activities at the Site; and . c. any claim against the United States pursuant to Sections 107, 113 or 123 of CERCLA, 42 U.S.c. §§ 9607,9613, or 9623 relating to the Site. 35. The City covenants not to sue and agrees not to assert any claims, demands, or causes of action pursuant to Sections 107 and/or 113 ofCERCLA, 42 U.S.c. §§ 9607 and 9613, relating to the Site, against any Respondent who complies with the payment terms of this Consent Order. 36. Respondents agree not to assert any claims or causes of action (including claims for contribution under CERCLA) that they may have for all matters relating to the Site against each other or any other person who is a potentially responsible party under CERCLA at the Site. This waiver shall not apply with respect to any defense, claim, or 12 16K 6 cause of action that a Respondent may have against any person if such person asserts or has asserted a claim or cause of action relating to the Site against such Respondent. 37. Nothing in this Consent Order shall be deemed to constitute preauthorization or approval of a claim within the meaning of Section 111 of CERCLA, 42 U.S.c. § 9611, or 40 C.F.R. 300.700(d). XIII. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION 38. Nothing in this Consent Order shall be construed to create any rights in, or grant any cause of action to, any person not a Party to this Consent Order. The United States, the City, and Respondents each reserve any and all rights (including, but not limited to, any right to contribution), defenses, claims, demands, and causes of action which they may have with respect to any matter, transaction, or occurrence relating in any way to the Site against any person not a Party hereto, except as otherwise provided in Section xn of this Consent Order. 39. In any subsequent administrative or judicial proceeding initiated by the United States for injunctive relief, recovery of response costs, or other relief relating to the Site, the City and the Respondents shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, ~ 1udicata, collateral estoppel, issue preclusion, claim- splitting, or other defenses based upon any contention that the claims raised in the subsequent proceeding were or should have been brought in the instant action; provided, however, that nothing in this Paragraph affects the enforceability of the covenant not to sue included in Section X. 40. The Parties agree that each Respondent is entitled, as of the. date of such Respondent's compliance with the payment terms of this Consent Order, to protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.c. §§ 9613(f)(2) and 9622(g)(5), for "Matters Addressed" in this Consent Order. The "Matters Addressed" in this Consent Order are all response actions taken or to be taken, by the United States, the City, other government entities and private parties. and all response costs incurred and to be incurred by the United States, the City, other government entities, and private parties, at or in connection with the Site. 41. The Parties agree that the City is entitled, as of the effective date of this Consent Order, to protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.c. §§ 9613(f)(2) ;md 9622(h)(4), for "Matters Addressed" in this Consent Order. The "Matters Addressed' ;,. this Consent Order are all response actions taken or to be taken, by the United States. the City, other government entities and private parties, and all response costs incurred and to be incurred by the United States, the City, other government entities, and private parties, at or in connection with the Site. , . '~'. , ,Ii . ~; , , . 13 "" '1 t i "'J' '. XIV. PARTIES BOUND 42. This Consent Order shall apply to and be binding upon EPA, the City, the Respondents and their heirs, successors and assigns. Any change in ownership or corporate or other legal status of a Respondent or the City, including but not limited to, any transfer of assets or real or personal property, shall in no way alter such Respondent's or the Cìty's responsibilities under this Consent Order. Each signatory to this Consent Order certifies that he or she is authorized to enter into the terms and conditions of this Consent Order and to execute and bind legally the party represented by him or her. XV. INTEGRATION/APPENDICES 43. This Consent Order and its appendices constitute the final, complete and exclusive agreement and understanding among the Parties with respect to the settlement embodied in this Consent Order. The Parties acknowledge that there are no representations, agreements or understandings relating to the settlement other than those expressly contained in this Consent Order. The following appendices are attached to and incorporated into this Consent Order: "Appendix A" is [the list of Respondents]. "Appendix B" is [the map of the Site]. "Appendix C" is [the de minimis cost matrix]. XVI. PUBLIC COMMENT 44. This Consent Order shall be subject to a public comment period of not less than 30 days pursuant to Section 122(i) of CERCLA, 42 U.S.c. § 9622(i). In accordance with Section 122(i)(3) of CERCLA, 42 U.S.C. § 9622(i)(3), EPA may withdraw or withhold its consent to this Consent Order if comments received disclose facts or considerations which indicate that this Consent Order is inappropriate, improper, or inadequate. XVII. ATTORNEY GENERAL APPROVAL 45. The Attorney General or his designee has approved the settlement embodied in this Consent Order in accordance with Section 122(g)(4) ofCERCLA, 42 U.S.C. § 9622(g)(4) and Section 122(h)(l) of CERCLA, 42 U.S.c. § 9622(h)(l), and the Attorney General's authority to compromise and settle claims of the United Stàtes. XVIII. EFFECTIVE DATE 46. The effective date of this Consent Order shall be the date upon which EP A issues written 14 16K 6 notice that the public comment period pursuant to Section XVI has closed and that comments received, if any, do not require modification of or EPA withdrawal from this' Consent Order. 47. Each Respondent and the City shall enter into this Consent Order by signing the signature page found at the end of this Consent Order. Signature pages shall be sent to: Andy Hey U.S. Environmental Protection Agency Environmental Accountability Division 61 Forsyth Street S.W. Atlanta, GA 30303 XIX. ACCESS PROVIDED BY THE CITY 48. Commencing on the effective date of this Consent Order, the City shall provide the United States, including EP A, its authorized officers, employees, contractors, representatives, and all other persons performing response actions under EPA oversight, with access at all reasonable times, upon prior written or verbal notice to the City unless impracticable, and in coordination with the City's operations at the Peele-Dixie Wellfield, to such property owned or controlled by the City, for the purpose of conducting any response activity related to the Site, including, but not limited to, the following activities: a. Monitoring, investigation, removal, remedial or other related activities at the Site; b. Verifying any data or information submitted to the United States; c. Conducting investigations relating to contamination at or near the Site; d. Obtaining samples; e. Assessing the need for, planning, or implementing additional response actions at or near the Site; and f. Assessing compliance with this Consent Order. 15 "'^-'-~_.'-"'" IT IS SO AGREED AND ORDERED: IN THE MATTER OF: Florida Petroleum Reprocessors Supeñund Site, Davie, Florida De Minimis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY By: Date: Rosalind H. Brown, Chief Superfund Enforcement and Information Management Branch Waste Management Division U.S. EPA Region 4 61 Forsyth Street, S.W. Atlanta, Georgia 30303 16 16K 6 IN THE MA ITER OF: Florida Petroleum Reprocessors Superfund Site, Davie, Florida De Minimis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 J.,. ....,''"'' "\0;;# UNITED STATES DEPARTMENT OF JUSTICE By: Date: Thomas L. Sansonetti Assistant Attorney General Environment and Natural Resources Division United States Department of Justice Room 2143 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 By: Date: Amy R. Gillespie Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division United States Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 17 "'''"'''.,..,..u.-.-_..".__,,_........_, IN THE MATTER OF: Florida Petroleum Reprocessors Supeñund Site, Davie, Florida De Minimis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 16K6 THE UNDERSIGNED enters into this Consent Order in the matter of Docket number CER 04-2004-3751, relating to the Florida Petroleum Reprocessors Site in Davie, Broward County Florida FOR THE CITY OF FORT LAUDERDALE, FLORIDA By: Date: 18 16K 6 IN THE MATTER OF: Florida Petroleum Reprocessors Superfund Site, Davie, Florida De Minimis Administrative Order on Consent U.S. EPA Docket No.CER 04-2004-3751 Signature Page for Respondent: Collier County Board of Commissioners THE UNDERSIGNED RESPONDENT enters into this Consent Order in the matter of Docket number CER 04-2004-3751, relating to the Florida Petroleum Reprocessors Site.in Davie, Broward County Florida, and hereby agrees to make the following payments as indicated in Appendix C to this Consent Order: PAYMENT DUE Payment to EP A ................................................................... $6,463.12 Payment to City of Ft. Lauderdale ........ ............... ................ $2,154.38 FOR RESPONDENT: FOR RESPONDENT: Collier County Board of Commissioners ATTEST: DATE: _.......:'-",...."V\\, \\ ..;,~.... ¡.....~ ~:--. ". -- _. ....' ~.,,,\ ~ .. )j,t; /¡ . - ,"".l". ... . .. . -'.: ,I,. ^ .f'ÿyj~Ht~. _B~f!S Clerk ;.... /..;; "," II. . , t,';',_',,\<,:~_ ......, >_ . ... S:'" "'-" ; y." . ~.~\,: Deputy 'rk ::... . " ~!ft.st as tq,.", ..~~ S J. ,. . atriøi1" '; ~~':'. t~;~~nl~~~: '. !~.'\ -iJ"*AP ...... ": '(\,,~,~,,-~.. Collier County, Board of County Commis,sioners 3301 Tamiami Trail East, Adm. Building, 3rd Floor Naples, Florida 34112 O.L. OUNTY COMMISSIONf::HS, ~U_~:.F:;rA.. , Chairman By: Approved at to form and legal sufficiency: ~~~ Thomas C. almer, Assistant County Attorney ~ ~ lbKb A~ 1xde.. ~/2.'1I(j """R~d l{zalc4 ~'t.~ I It.. . .___._..____... '..... , 1 t..d <"" _"_'.0__ 17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to tbe Board: Please place tbe following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) **************************************************************......*..............*.......*.*....*..*. Originating DeptJ Div: Comm.Dev.Serv./Planning Person: Kay Deselem, AICP ® Date:} 'Z.. - 1 s- () 3 Petition No. (If none, give brief description):PUDEX-2003-AR-4607, Astron Plaza Petitioner: (Name & Address):Nunner Group, LLC, Jeffrey A. Nunner, P.E., 8113 Lowbank Dr., Naples, FI34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Cleveland Clinic Florida, 2950 Cleveland Clinic Blvd., Weston, FI. 33331 Hearing before BCC BZA Other Requested Hearing date: Januarv 27. 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size:PUDEX-2003-AR-4607, Jeffrey A. Nunner, P .E., of Nunner Group, LLC, representing Cleveland Clinic Florida, requesting a two year extension of the Astron Plaza Planned Unit Development, pursuant to LDC section 2.7.3.4.6, for a 8.56 acre tract located in the southwest comer of the intersection of Napa Boulevard and Pine Ridge Road and the southeast quadrant of (-75 and Pine Ridge Road, in Section 17, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: Jþ{~~A ,~epartment Hea~ -- 1 List Attachments: Approved by: /~ / ð!C8 Date County Manager Date DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved. be sure tbat any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit originai to Clerk's Office, retaining a copy for file. ......*.................*................*..*...*........................*...*.......... FOR CLERK'S OFFICE USE ONLY: Date Received: z.II'l {(ß Date of Public hearing: (/2.'7 {oLJ Date Advertised: l/olo4 17 A"I. RESOLUTION 04 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 98- 110 KNOWN AS ASTRON PLAZA PUD, EXTENDING THE CURRENT PUD APPROVAL TO NOVEMBER 30, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Astron Plaza PUD, Ordinance 98-110 adopted on November 30, 1998 is subject to the provisions of Section 2.7.3.4., ofthe Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for a two year extension, until November 30, 2005. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to November 30,2005. BE IT FUR THER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution shall become effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Page 1 of 2 Done this day of .,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEPUTY CLERK BY: , CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney PUDEX-2003-AR-4607/KD/sp Page 2 of 2 December 18, 2003 Attn: Georgia-Legals Dept Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: PUDEX-2003-AR-4607, Astron Plaza Dear Georgia: Please advertise the above referenced petition on Sunday, January 11, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk Acct.#/P.O.# 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 27, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition PUDEX-2003-AR-4607, Jeffrey A. Nunner, P.E., of Nunner Group, LLC, representing Cleveland Clinic Florida, requesting a two year extension of the Astron Plaza Planned Unit Development, pursuant to LDC section 2.7.3.4.6, for a 8.56 acre tract located in the southwest corner of the intersection of Napa Boulevard and Pine Ridge Road and the southeast quadrant of 1-75 and Pine Ridge Road, in Section 17, Township 49 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ~o ~u0~ ty~'-of~611ier CLERK OF THE C!RC~T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI ~TRAIL E~T P.O. BOX 4~044 NAPLES, FLORIDA 3~101-3044 17/1 Clerk ~f Courts Accountant Auditor Custodian of County Funds December 18, 2003 Jeffrey A. Nunner, P.E. Nunner Group 8113 Lowbank Drive Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDEX-2003-AR-4607, ASTRON PLAZA Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website-.www. clerk, collier.fl.u s Fax- (239) 775-2755 Email- collierclerk(~_ ~clerk. collier, fl.us Dwight E. Brock Clerk of Courts 'Eouo of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 '~ NAPLES, FLORIDA 34101-3044 Clerk ~)f Courts Acc°untant Auditor Custodian of County Funds December 18, 2003 Cleveland Clinic Florida 2950 Cleveland Clinic Blvd. Weston, FL 33331 Re: Notice of Public Hearing to consider Petition PUDEX-2003-AR-4607, ASTRON PLAZA Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www. clerk, c011ier, fl.uq Fax- (239) 775-2755 Email- c011ierclerk~clerk, collier, fl.us Patricia L. Mor~lan To: Subject: Georgia (E-mail) Advertising - PUDEX 2003-AR-4607, Astron Plaza ®(ease run the attacFted ad on Sunday, ~Tanuary 11, 2004. qhan~.s, ~rish 5~linutes e~ q~cords PUDEX-2003-AR-46 PUDEX-2003-AR-46 07,doc 07.doc Patricia L. Morgan From: Sent: To: Subject: postm aster@clerk, collier.fl, us Thursday, December 18, 2003 11:29 AM Patricia L. Morgan Delivery Status Notification (Relay) ATT67481.1:xt ~dvertising - PUDEX 2003-AR-46... rlhis is an automatically generatec[ CDe[ivery Status ~V'oti./5'cation. °[our message has geen successfu£fy refayecF to the following recipients, gut the requested&livery status noti. fications may not ge generatea; ~ the &stination~ legals@naplesnews, com Patricia L. Mor~lan From: Sent: To: Subject: 17A System Administrator [postmaster@naplesnews.com] Thursday, December 18, 2003 11:18 AM Patricia L. Morgan Delivered: Advertising - PUDEX 2003-AR-4607, Astron Plaza ~,dvertising - PUDEX 2003-AR-46... < <~arvertisintt - q~Uq>zg( 2003-d~q(-4607, ftstron ®[aza > > ~our message ~o: ~eor~tia (~,-mai0 Su6ject: .gcFvertisin~t - q~UqYEX 2003-j~q(-4607, j~stron ®[aza Sent: Clhu, 18 (Dec 2003 11:28:53 -0500 was de[ivered to the fo£[owing recipient(s): [egafs on Clhu, 18 (Dec 2003 11:18:07 -0500 Advertising - PUDEX 2003-AR-4607, Astron Plaza Patricia L. Morgan 17A Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Thursday, December 18, 2003 1:24 PM To: Patricia L. Morgan Subject: RE: Advertising - PUDEX 2003-AR-4607, Astron Plaza rcvd to run jan. 11 happy holidays georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent'. Thursday, December 18, 2003 11:29 AM To: Georgia (E-mail) Subject: Advertising - PUDEX 2003-AR-4607, Astron Plaza ®[ease run the attached ad on Sunday, ~Tanuary 11, 2004. qT~an~s, Trish 514inures e~ q~cords <<PUDEX-2003-AR-4607. doc>> <<PUDEX-2003-AR-4607. doc>> 12/18/2003 Sunday, January 11, 2004 ~~.4~1 { e'n¢OuraQed. If re,Cog. 'BY: ~s/d'dtrlcia L, Mor-I ' '~'. NOTICEOF I nlzed by the Chair, a ~pu~O~rk I ~ ~~ * [ /pokesperson .for a I.. ~' : ~ ~D~UP or organization Jan. ll No. 42~76~ yteS to speak on an [~:~;:~ on T~S- persons w~snmg toI t~Y~r~rOom, 3rd meterlalF Inclpded ~nl F~,&dml~iStretlon t~ Board agenda pacK- ~ C~I~ C~n~ ets must su~mlt said I~, FIp~I~t. The s~lve public hearing.I [~, ter{a{s }nteneed }o De T~ ~d will consist }hall be submitted to ~:PU~-~3-AR- he ~p~Erla~ Cpunty {~;~rey A. Nunn~, ~tsff a ~n!~m o1 sev- P~[~/.b} Nunner Group }n days p. rlor to the ~ mpmsentl~ Cl~e, )ubllc ne~r!ng. All ma- la~ Clinic Florida re- terlal used In presenta- q~n{ · ~o year ex- tlons before the Board te~Slo~ of. the Astron will become a perma- Pl~a ~anned Unit De- ne~pa~oft~r~o~. vel~ent, pursuant to L~ s~lon 2,7.3.~6, for Any person whO decld- a ~ ~re ~a~ Io~d es to ~pe~l a declslpn ~ sou~st c~ner of ~e~d will n~ a 0f the Intersection ofl recerd of ~he proceed- ~a~ Boulevard antdl Ing~.p~t~mlng theretq ~ R~ Ro~ snd ~e I ~ ~e, may ne~ ~ q~t Of I.{ to ensure that a ve~a- 75:~:~1~ ~ee R~,I tim record of the pro- R~~, tlmony and evidence · ~Ron which the appeal to :~peak qn a~y E~ m~t m~- BOARD OF COUNTY t~..t~ qoun~ Ad- COMMI~ION~ ~prlor topr~- COLLIER COUNTY Item: to be addressed; t~al speakem will TOM HENNING, CHAIR- tlon ~ an Individual to DWIGHT E. BROCK, s~a~on behalf of ~n CLERK o~tl~ or group Is Naples Daily News Naples/ FL 34102 Affidavit of Publication Naples Daily News ................................................... BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58775039 113138312649 PUDEX-2003-AR-4607NO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples ~aily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/11 17A ~TI~E OF Notice I$. he~lW Btven ......................... ;o~ssiO~ o~ cot, H~F.~o~. will ~-6 S~aFdFo~m. 3td Gov~rnm.e~ N~I~, Fl~m. ~ The me~tl~ will boom at P.E,, of Nunner Group, 'LLC ~meMIng Clove, la~ Cli~c FIOH~, re- ~ a ~o y~r ex- tensmn of the:Astron Pl~a Planned Unit De,~ velOpment, ~u~t to~ LK so. Ion 2.73.~6, In ~ s~ ¢ornerl of the Intersection ofl Pl~ N~ Re~ ~ so~ q~ of 1- 75 ~d PI~ Ridge R~, ~ ~. ~ ~. ~t, NO~E: All P~s wish- lng to speak on ~tlon oft~ item to ~e addressed, Ind~vlfl~ ~s will be l~fl to ~ m~nutes on ~ ~- spea~ o~ ~half of e~ceur~ed, If reFog-J n~d by the Cb~r, spekes~erson rot ~rou~ o~,organlzatlon utes to S~eak on anl ha~ wren or graphic materials Incluaed In · e ~d a~a p~k- ets must submit said ~ a min~um of 3 weeks p~or to t~ re- -ye ~bllc..~arlng, Y~ w~ er~ls ntended to be AD SPACE: 112. 000 INCH considered by the Board shall be submitted to FILED ON: 01/12/04 ~ apprpp~int~ ~unty ................................................................... staff a ml~lrl~ Of sev- £) ,.:., ........ en .d. ays prior to the ..... /'~ , _-.---T public nearing, All ma-/ ~lgnaEure o:~ Affiant /~" · ~ ' terlal used In oresenta-I .......... tlons before the Board ~.~ ------- __ will become a Perma-' Sworn to and Subscribed before me this /.j~ day of ~_)/c.,~_ 20L~ ~em~m~0f~. Personally known by me Z'~/~'~.C?L~%~__~__~/' ._~'.C-~L.~~ ¢..e~.4.'¢~ Harriett Busing ~,:.-~:~.~ MYCOMMISSION~ DD254689 EXPIRES %',,f,:~f: ~%? BONDED ?N~U T~OY FAIN INSURANCg INC Any person who decld, i es to a_ppea. I a decision of the mx~r~ will need a neCOrd of '.the pr.~ceed- g~s.pert.alning mereto .anu mererom, may need to ensure that a verba- tim record of the ~ro- t~e. tes- timony and evidence~ upon which the appeali BOARD OF COUNTY COMMISSIONERS : COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK CLERK By: /s/Patrlcla L. MO~;/ J~n~!l _ No, 426376 MEMORANDUM Date: To: From: Re: January 29, 2004 Kay Deselem, Principal Planner Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2004-27; Astron Plaza PUDEX-2003-4607 Enclosed please find one (1) copy of Resolution 2004-27, as referenced above (Agenda Item #17A) approved by the Board of County Commissioners on Tuesday, January 27, 2004. If you should have any questions, please contact me at 732-2646, ext. 7240 Thank you. Enclosure RESOLUTION 04 - 2 7 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 98- 110 KNOWN AS ASTRON PLAZA PUD, EXTENDING THE CURRENT PUD APPROVAL TO NOVEMBER 30, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Astron Plaza PUD, Ordinance 98-110 adopted on November 30, 1998 is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for a two year extension, until November 30, 2005. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: o The above recitals are adopted herein by reference as if fully set forth herein. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. Pursuant to said section of the LDC, the current PUD approval is hereby extended to November 30, 2005. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution shall become effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Page 1 of 2 Done this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk -; ... .~-...-.,% ,- Appro~-'as~m:F~ ~d Legal Sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~ ' , CHAIRMAN Donna Fiala PUDEX-2003-AR-46071KD/sp Page 2 of 2