Agenda 06/29/2004 S
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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SPECIAL MEETING
June 29, 2004
9:00 AM
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. 2003-53, AS AMENDED 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.
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.
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1. PLEDGE OF ALLEGIANCE
2. AGENDA
A. Recommendation to approve a Settlement Agreement with Mitchell & Stark
Construction Company, Inc. to cover their cost increases due to delays in the
project for the construction of a Sewer Force Main Interconnect along Santa
Barbara Boulevard and Logan Road from Radio Road to Vanderbilt Beach Road;
Bid 03-3534, Project 731321, in the amount of $353,249.99.
B. It is requested that this item be continued to the July 27,2004 BCC Meeting. Board
consideration and determination as to Declaration of Emergency and Adoption of
Amendment of the False Alarm Ordinance, Collier County Ordinance No., 97-8, as
amended.
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
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EXECUTIVE SUMMARY
Recommendation to al>prove a Settlement Agreement with Mitchell & Stark
Construction Company, Inc. to cover their cost increases due to delays in the project
for the construction of a Sewer Force Main Interconnect along Santa Barbara
Boulevard and Logan Road from Radio Road to Vanderbilt Beach Road; Bid 03-
3534, Project 731321, ill the amount of $353,249.99.
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OBJECTIVE: To obtain Board of County Commissioners approval of a Seulcment
Agreement with Mitchell & Stark Construction Company, Inc. that would increase the
cost of this project by $353,249.99 from an original amount of $6.126,324.00 to a new
total 01'$6,479,573.99.
CONSIDERATIONS: On September 23,2003. Agenda Itcm IOC, the BCC awarded the
construction contract for Project 73 I 321 - Santa Barbara Sewer Forc.."C Main. to Mitchel!
& Stark (M&S) for $6,126,324.00 the 2nd lowest hid was $7.2 Mil1ion.
Due to delays in obtaining the environmental resource permit from the South Florida
Water Management District and the Army Corp of Engineers. the Notice to Proceed was
not issued to M&S until March 26.2004. On ApI;) 13, 2004, M&S filed a change order
request cHing that the delay in the project stm1 had allowed a significant increase in their
cost of materiaJs. M&S provided documentation from thcir valious suppliers and
subcontractors in support of the price increases, which are primarily ticd to higher costs
associated with the fOfce main pipe.
The accompanying Settlement A&,treement wiU avoid litigation that would further delay
the completion of this project and significantly increase its cost. His the opinion of the
County Attorney that it is not çlear that the County would prevail should this matter end
up in litigation. The County could clect to re-bid the project, but staff believes this is not
in the best interest of the County because re-bidding wi1/ not only add significantly to this
delay, but the fe-bid plÌce will likely be çonsiderably higher.
In order to avoid litigation staff recommends paying the cost increases up to the time our
negotiations were concluded on June 18. 2004, in exchange for M&S exeçuting the
eontmct without any further claims or delays. M&S also agreed to reduce their claim by
eliminating Ole profit and overhead portion of the change order request. M&S has since
received notification of anothcr price increa.,>c by their vendors and the total cost of the
increase is now capped at $353,249.99.
Staff recommends that the settlement agreement be accepted by the Board to avoid
litigation which would only further dcJay the completion of a ctitica] project at a
significant cost increase to the rate payers.
FISCAL IMPACT: Funds in the amount of $353,249.99 are available in County Project
731321 - Santa Barbara Boulevard Force Main. Source of funds is wastewater impact
Agenda Item No. 2A
June 29, 2004
Page 1 of 10
Fees (413). This project is consistent with the 2004 Fiscal Year Capital Improvemcnt
Budget approvcd by the Board of County Commissioners on September 18, 2003.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the
Goals, Objectives and Policies of the Collier County Growth Management Plan and is
consistcnt with the 2003 Wastewater Master Plan adopted by The Board of County
Commissioners on May 25, 2003. Itcm }() C.
RECOMMENDA TIONS: Staff recommends that 111C Board of County Commissioncrs,
as Ex-officio goveming hoard for the Collier County Water-Sewer District authorize the
Chairman to sign a Settlement Agreement with Mitchell & Stark Construction Company.
Inc. to cover their cost increases due to delays in thc project for the const111ction of a
Sewcr Force Main Interconnect along Santa Barbara Boulcvard and Logan Road from
Radio Road to Vandcrbilt Beach Road.
Agenda Item No. 2A
June 29, 2004
Page 2 of 10
DRAFT
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement and Release") is made and
entered into this
day of June, 2004 by and between the Board of County
Commissioners of Collier County, Florida, (the "County") and Mitchell & Stark
Construction Company, Inc., (the "Contractor").
WITNESSETH
WHEREAS, bids for Contract 03~3534 for what is sometimes referred to or
known as the "Santa Barbara Force Main Project" were opened on July 25,2003;
WHEREAS, the Contractor tendered a bid of $6,126,324.00 for Contract 03-3534
and was the apparent lowest, quaIified and responsive bidder;
WHEREAS, on September 23, 2003, the County awarded the work under
Contract 03-3534 to the Contractor;
WHEREAS, the County was unable to issue a Notice to Proceed for the work for
the Santa Barbara Force Main Project until March 26, 2004;
WHEREAS, the Contractor has demonstrated that significant increases in the
costs of materials and equipment occurred between September 23. 2003 and March 26,
2004 and has fonnaIly requested that the County compensate it for these added costs;
WHEREAS, the Contractor contendB that because the work on the Santa Barbara
Force Main Project was suspended for more than six (6) months, it is entitled to be
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Agenda Item No. 2A
June 29, 2004
Page 3 of 10
compensated for the increases in costs of materials and equipment in consideration for
foregoing the Contractor's alleged right to tenninate Contract 03-3534;
WHEREAS, the Contractor also contends that it is entitled to an overhead and
profit component in connection with the increased costs for materials and equipment;
WHEREAS, the County disputes that the Contractor has any right to tenninate
Contract 03-3534, disputes the Contractor's claims for overhead and profit and further
contends that the Contractor is now in material breach of Contract 03-3534 for its refusal
or failure to commence or make progress on the work foIlowing issuance of the Notice to
Proceed;
WHEREAS. the County and the Contractor without admitting any liability or
fault by either of them, nevertheless recognize the cost and uncertainties of litigating
these issues and now desire to fuBy and finally resolve any and all claims, known or
unknown, that have been asserted or could have been asserted by the Contractor up to and
through the date of this Agreement and Release that relate or refer in any way to Contract
03-3534, the Santa Barbara Force Main Project, or the time of commencement of work
under Contract 03-3534, including but not limited to all claims for increased costs of
materials and equipment, claims for overhead and profit associated with increased costs
for materials and equipment, time extensions, and any and all other claims, whether now
known or unknown, that relate or refer in any way to or that have arisen directly or
indirectly &om Contract 03-3534 or the Santa Barbara Force Main Project through the
effective date of this Agreement and Release;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
considerations set forth in this Agreement and Release, the sufficiency of which is hereby
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Agenda Item No. 2A
June 29, 2004
Page 4 of 10
acknowledged. and with the intent to be legally bound, the County and the Contractor
mutually agree to the following:
1. The County and the Contractor agree to adopt and incorporate the
foregoing recitals. sometimes referred to as "Whereas clauses" by reference into this
Agreement and Release.
2. The County agrees:
(a) To pay the Contractor an additional $353.249.99 on
Contract 03-3534 for the increases in costs and materials
and equipment specifically and expressly reflected on
Exhibit A to this Agreement and Release.
(b) To waive and release any claim it may have against the
Contractor for material breach based upon the Contractor's
contended refusal or failure to commence or make progress on the
work under Contract 03-3534 in a timely fashion following the
issuance of the Notice of Commencement. but only to the
extent that this release would apply to untimely commencement
of or progress on the work under Contract 03-3534 through
the effective date oftlùs Agreement and Release.
3. The Contractor agrees:
(a) To waive and release any claim it contends it may have for
overhead and profit that is connected to or refers or relates
in any way whatsoever to the increases in costs of materials
and equipment reflected in Exhibit A or to the delay in the
issuance ofthe Notice to Proceed under Contract 03-3534
or any other event or circumstance refening or relating in
any way whatsoever to Contract 03-3534 or the Santa Barbara
Force Main Project through the effective date of this
Agreement and Release.
(b) The Contractor also agrees to waive and release any and all
other claims it may have under Contract 03-3534 which
have arisen through the effective date of tllis Agreement
and Release, whether now known or unknown and
regardless of nature or kind, including without limitation any
claims for time extensions.
(c) The Contractor also acknowledges and agrees that in
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Agenda Item No. 2ARJune 29, 2004
Page 5 of 10
consideration for this Agreement and Release, the Contractor has
already received additional time to complete the work
under Contract 03-3534 on the Santa Barbara Force
Main Project and that the date of final completion
for Contract 03-3534 is now Aprill, 2005 and the
date of substantial completion for Contract 03-3534 is now
March 2,2005. The Contractor further acknowledges and
agrees that, with the exception of these modifications, the
Contract Time and Liquidated Damages provisions set
forth in Section 5 of the Construction Agreement for the
Santa Barbara Force Main Project remains in full force
and effect and shall be measured by the agreed
substantial and final completion dates set forth in this
Agreement and Release.
4. The County and the Contractor agree that this Agreement and Release
shall become one of the Contract Docwnents under Contract 03-3534 for the Santa
Barbara Force Main Project and shall operate to supercede and replace any and all prior
agreements and understandings with respect to the specific issues and disputes governed
by this Agreement and Release.
5. Except for any claim to enforce the terms and conditions of this
Agreement and Release, the Contractor shall and hereby does fully and finally and
unconditionaIly release, acquit, remise, satisfY and forever discharge the County, its
elected officials, officers, employees, fonner employees, attorneys, agents,
representatives, predecessors, successors, insurers, sureties and assigns from any and all
matter of action or actions, cause or causes of action, suits, debts, dues, sums of money,
accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts,
promises, judgments, executions, claims, complaints, legal or equitable, whether known
or unknown, which the Contractor has asserted or could have asserted against the County
relating in any way to or arising directly or indirectly trom Contract 03-3534 or the Santa
4
Agenda Item No. 2A
June 29,2004
Page 6 of 10
Barbara Force Main Project up to and through the effective date of this Agreement and
Release, including without limitation any claims for overhead and profit. time extensions
or cost increases except as may be expressly provided for in this Agreement and Release.
6. For its part. the County shall and hereby does fully and finally and
unconditionally release, acquit, remise, satisfy and forever discharge the Contractor trom
any claim. cause or causes of action relating or referring in any way to the Contractor's
refusal or failure to commence or make progress on the work under Contract 03~3534 for
the Santa Barbara Force Main Project through the effective date of this Agreement and
Release. provided that the County reserves its rightto enforce the tenns and conditions of
this Agreement and Release.
7. The County and Contractor hereby aclmowledge and agree that this
Agreement and Release shall only modify their respective rights, prerogatives,
obligations and liabilities under Contract 03-3534 to the extent specifically and expressly
stated herein, and that all such rights. prerogatives, obligations and liabilities otherwise
remain fully intact and are hereby preserved.
8. This Agreement and Release shall be governed by the laws of the State of
Florida.
9. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same fonnaIities as this Agreement and Release.
10. This Agreement and Release is treely and voluntarily executed by the
County and the Contractor after they have been apprised of all relevant infonnation
concerning this Agreement and Release and after they have received advice of their
5
Agenda Item No. 2A
June 29, 2004
Page 7 of 10
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respective counsel. In executing this Agreement and Release, the County and the
Contractor do no rely on any inducements, promises, or representations other than the
promises or representations set forth in this Agreement and Release. In this regard, the
County and the Contractor acknowledge that this Agreement and Release is the product
of mutual negotiation and no doubtful or ambiguous provision that may exist in this
Agreement and Release is to be construed against any party either based upon a claim
that the party drafted the ambiguous language or that the language in question was
intended to favor one party or the other.
11. The effective date of this Agreement and Release shall be the date upon
which it is approved by the Board of County Commissioners of Collier County, Florida,
Ex~Officio the Governing Board of the Collier County Water-Sewer District or, to the
extent applicable, the County Manager.
12. The County and Contractor acknowledge and assume the risk that
additional, different or contrary facts to the facts which they believe exist may now exist
or may be discovered after this Agreement and Release has been entered into, and they
agree that any such additional, different or contrary facts shall in no way limit, waive,
affect or alter this Agreement and Release.
IN WITNESS WHEREOF, the County and the Contractor have executed· this
Agreement and Release as evidenced in the following signature blocks:
6
Agenda Item No. 2A
June 29,2004
Page 8 of 10
ATTEST:
Dwight E. Brock, CLERK
By:
DEPUlY CLERK
1t..-
Printed Name
tIl. · rl'LA-
/fVt-dt~ I? W.¿sfi.4-
Printed Name
_._....._^~~.-..._-_..._--_..
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA AS
EX-OFFICIO THE GOVERNING BODY
OFTHECOLLŒRCOUNTY
W A TER~SEWER DISTRICT
By:
Donna Fiala. CHAIRMAN
MITCHELL & STARK
CONSTRUCTION COMPANY. INC.
By:
~~
NAME AND TITLE
f.1 f' ~ 0..... ,v P~,..v ~ ð..r
\l ,~ to. e.. .pt" e.. ~ l:t e, .....v +-
7
Agenda Item No. 2A
June 29, 2004
Page 9 of 10
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
2A
Recommendation to approve a Seitlement Agreement with Mitcheli & Stark
Construction Company, Inc, to cover thelf cost increases due to delays In the
project for the construction of a Sewer Force Malr1 Interconnect along Santa
Barbara Boulevard and Logan Road from Radio Road to Vanderbilt Beach
Road; Bid 03,,3534, Project 731321 in the amount of $353,249 99.
6/29/200490000 AM
Prepared By
Porfírio E, Grarnatges, P,E,
Public Utilities
Sf. Project Manager
6/22/20048:46:42
AM
Public UWities Engineering
Princír.al Project Manager
Date
Approved By
William 0, Mullin, PE
Public Utilities
Public Utilities Engineering
6123120047;59 AM
Purchasing Agent
Date
Approved By
Lyn Wood
Administrative Services
Purchasing
6123120042:10 PM
PurchasinglGenl!ral Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchas ing
612312004 2;45 PM
Wastewater Director
Date
Approved By
Joseph B, Cheatham
Public Utilities
WasteWater Treatment
6/2312004 3;03 PM
Operations Dirl!ctor
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
6123/2004 3:38 PM
Public Utilities Engineering Director
Date
Approved By
Roy R Anderson, P£
Public Utilities
Public Utilities Engineering
6/23/2004 3;48 PM
Public Utilities Administrator
Date
Approved By
James W, DeLony
Public Utílíties
Public Utilities Administration
6123/2004 4:43 PM
Administrative Assistant
Date
Approved By
Pat Leh nhard
County Manager's Office
Office of Management & Budget
6/23120044;54 PM
Senior Management/Budget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management &. Budget
6/241200411;19 AM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management &. Budget
6124120043;19 PM
County Manager
Date
Approved By
James V, Mudd
Board of County
Commissíoners
County Manager's Office
Agendá'. téW~;2"PM
June 29 2004
Page 10 of 10
EXECUTIVE SUMMARY
An Ordinance Of Collier County Florida, Amending Collier County
Ordinance No. 97-8, As Amended, The False Alarm Ordinance;
Authorizing Violators To Appeal Citations To The Code Enforcement
Board Special Master; Authorizing The Sheriff's Office To Refer
Unpaid Citations To The Special Master; Providing That The Special
Master Can Assess A Civil Fine Up To $500 And Can File Liens Against
Violator's Property; Increasing Civil Fines For Five Or More False
Alarm Violations; Providing That Class Certificates For Credit Against
A Future Violation Expire After 365 Day Of Issuance Date
Q!!JECTIVE: That the Board adopt an Emergency Ordinance to amend
Collier County No. 97-8, as amended, the Collier County False Alarm
Ordinance.
CONSIDERA TIONS: The False Alarm Ordinance is administered by the
Sheriff's Office. The Sheriff's Office is recommending that the False Alarm
Ordinance be amended whereby: (i) violators who have received a certificate
for attendance at a false alarm class can use that certificate as credit against a
future violation within 365 days of issuance of the certificate; (ii) the civil
fines for five or more False Alarm violations be increased as specified herein;
(iii) that the cited violator may appeal the false alarm citation to the County's
Code Enforcement Board Special Master rather than to a Court~ (iv) that the
Sheriff's Office may refer unpaid fillse alarm fine violations to the Special
Master rather than to a Court~ and (v) the Special Master may impose a civil
fine not to exceed $500 and may file a fine and costs lien against the violator's
property as authorized by Chapter 162, Florida Statutes, and by the County's
Special Mater Ordinance.
County Staff has no objections to these proposed amendments and, therefore,
concurs with the Sheriff Office's recommended amendments.
FISCAL IMPACT: These amendments will result in the Code Enforcement
Department receiving a $5.00 fee out of each fine paid by each violator.
GROWTH MANAGEMENT IMPACT: There is no Growth Management
Impact associated with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners approve
the amendments to Ordinance No. 97-8. as amended. and direct the Chairman
to execute same. Agenda Item No. 28
June 29, 2004
Page 1 of 8
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
2B
It is requested that this item be continued to the July 27, 2004 BCC Meeting.
Board consideration and determination as to Declaration of Emergency and
Adoption of Amendment of the False Alarm Ordinance, Collier County
Ordinance No., 97-8, as amended.
6/29/2004 9:00:00 AM
County Manager
Date
County Manager's Office
6/24/20044:11 PM
Agenda Item No. 28
June 29, 2004
Page 2 of 8
ORDINANCE NO. 2004-
AN ORDINANCE OF COLLIER COUNTY FLORIDA,
AMENDING COLLIER COUNTY ORDINANCE NO. 97-8, AS
AMENDED, THE FALSE ALARM ORDINANCE;
AUTHORIZING VIOLATORS TO APPEAL CITATIONS TO
THE CODE ENFORCEMENT BOARD SPECIAL MASTER;
AUTHORIZING THE SHERIFF'S OFFICE TO REFER
UNPAID CITATIONS TO THE SPECIAL MASTER;
PROVIDING THAT THE SPECIAL MASTER CAN ASSESS A
CIVIL FINE UP TO $500 AND CAN FILE LIENS AGAINST
VIOLATOR'S PROPERTY; INCREASING CIVIL FINES FOR
FIVE OR MORE FALSE ALARM VIOLATIONS; PROVIDING
THAT CLASS CERTIFICATES FOR CREDIT AGAINST A
FUTURE VIOLATION EXPIRE AFTER 365 DAY OF
ISSUANCE DATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, as of April 1, 1997, the Collier County Palse Alarm Ordinance (No.
97 -8) became effective; and
WHEREAS, the original Palse Alarm Ordinance was amended in October of
2001 by Ordinance No. 2001-56; and
WHEREAS, the False Alarm Ordinance is administered by the Sheriffs Office;
and
WHEREAS, The Sheriffs Office desires that (1) the civil fines for five or more
False Alarm violation be increased as specified herein, and (ü) that the cited violator
may appeal the false alarm citation to the County's Code Enforcement Board Special
Master; and (ill) that the Sheriffs Office may refer unpaid false alarm fine violations
to the Special Master, and (iv) the Special Master may impose a civil fine not to exceed
$500 and may me a fine and costs lien against the violator's property as authorized by
Chapter 162, Rorida Statutes, and by the County's Special Mater Ordinance; and
WHEREAS, the Board of County Commissioners accepts all amendments
recommended by the Sheriffs Office.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlD~ that
subsection (c) of Section FOUR. subsection (b) of SECTION SIX, subsection (a) of
SEClìON SEVEN; and subsections (a), (b), (c) and (d) of SECTION EIGHT of the
Collier County "False Alarm Ordinance" are hereby amended as follows:
Agenda Item No. 28
June 29, 2004
Page 3 of 8
1
Text underlined is added; text struck through is deleted.
SECTION ONE: Collier County Ordinance No. 97-8, the "Collier County False
Alann Ordinance" as amended by Ordinance No. 2001-56 (codified as Article 5 of
the County's Code of Laws and Ordinances) is hereby amended as follows:
SECTION FOUR: WARNING OR CITATION OF FALSE ALARM
VIOLATIONS.
(a) First and Second False Alarm. A written warning shall be issued for the
fIrst and second false alarm at the respective secured premises. The
warning may be left at the secured premises or otherwise delivered to a
responsible party. The warning may be left at a conspicuous place
within a vacant secured premises, or may be left with any adult occupant,
employee, or agent of an occupant of an occupied secured premise.
Alternatively, the warning may be mailed to any responsible party by
regular United States mail, but if returned undelivered, then mailed by
certified mail, return receipt requested, or by actual service by any other
lawful service of process.
(b) Third and Subsequent Palse Alanns. An enforcement official may issue
a citation of a false alarm violation of this Ordinance for the third or any
other subsequent false alarm that occurs at that secured premises within
180 days of the last false alarm at that premises. The citation may be
served upon any responsible party by any lawful service of process.
(c) For thc sixth or more false alarms at the-secured premises, a "Notice to
Appear"- (in-Court)-can -be issued, which -''Nðtiee'' shall-require-pfßmpt
payment-of-1l-$lÐO oNl:mandatoty cðurt-appearanceo--If-the$l OO-fifleis
paid by its due date, the manda.tory eourt appearance will thereby be
cM1edled. Pa:ilt1rc ta pay the $100 fine by its due date will reqtl:Í1'e the
specified. mandatory court appeMan,e \Uti,ss otherwise continued at
cxewed. The Judge or other trier of fact Carl. impose a [ fie from $100 to
$300 plus other applicable costs.
SECTION SIX: FALSE ALARM PREVENTION PROGRAM.
(a) The Sheriffs Office will provide educational program classes for the
prevention of false alarms and shall allow individuals to attend any false
alarm prevention program class. Each person who attends a false alarm
prevention program class must pay a fee of $5.00 to cover some of the
administrative costs. This fee must be paid before or at the time of
attendance at the program class.
Agenda Item No. 28
June 29, 2004
Page 4 of 8
2
Text underlined is added; text struok through is deleted.
(b) After attendance at a program class by a person associated with the
respective secured prenùses, the Sheriffs Office shall issue one (1)
"Certificate of Attendance" to the credit of that respective secured
premise. The certificate may be used by a representative of the secured
premises to void one (1) prior or one (1) future false alarm, including the
penalties that would otherwise result from that false alarm. No certificate
shall apply to a sixth seventh or higher false alarm. The Certificate for
credit against a future violation shall expire 365 da.ys after its issuance
.dm.
SECTION SEVEN: FALSE ALARM FINES; EXCEP110NS.
(a) False Alann Fines. A written warning (for the flrst and second false
alarms) does not require payment of a fine. After a citation for a third or
subsequent false alarm violation is issued, a responsible party shall,
witbin thirty (30) days of the date of the violator's receipt of that ~
tiatm. pay to the ClC1'k of the COI:tltS Collier County Code Enforcement
a false alarm civil fine as follows:
FALSE ALARM FINE SCHEDULE
Number ofPa:lsc Ahtffil!l Within a 180 Day Period
False Alarm Fine Per False Alarm:
First Response............... Warning issued, no false alarm fine.
Second Response.......... Warning issued, no false alarm fine.
Third Response.............. Citation issued; $75.00 fine.
Fourth Response.... ...... .. Citation issued; $75.00 fine.
Fifth or Sixth Response Citation issued; liQQ f75;OO fine.
Seventh or Eight Response. Citation issued. $150 fine.
Ninth or more Response ... Citation issued, $200 fine.
Sixth Re!lþon!le... Notice to l~þþeat" Ï!I!lucd a:nd a $100.00 fim: if thc [.!fie
i!l pa:id on time. Timely pay mcnt of the $100.00 fine eIDed3 that
mmdator; court appeat"ltflce. Mmdato!) cotJXt ltpþell:r3.1lct: can rC!lwt in
a fine of not k3S th3fi $100 nor more thID $300.00 at: the di!lcret:ion of
the trier of fact.
(b). Exceptions:
(1) 180 Days Without a False Alarm. If one hundred eighty (180) days
pass without a false alarm from the respective alarm system, a "clean
slate" status shall be automatically granted to that system if each
Report has been filed and all false alarm flnes arising out of ev¡:;ry
Agenda Item No. 28
3 June 29, 2004
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prior false alarm for that system have been paid. The first false
alann after "clean slate" status shall require only a written warning
and shall commence a new 180 day time period form subsequent
false alarms from that alarm system.
(2) New Alarm System Installed. Installation of an entirely new security
alarm system at the secured premises, upon written notice of same
to the Sheriff's Office and all prior false alarm fines and late fees are
paid, shall be classified as a new system and shall be treated as an
alarm system that had no prior false alarm(s) - "clean slate" status.
(3) Good Faith Mistake of Crime Being Committed. No person shall
violate this Ordinance by intentionally setting off a security alarm
signal to prompt an official response if that was alarm set off based
upon a reasonable mistake of fact that a crime was then being
committed at the secured premises. The responding enforcement
(4) official will determine whether there was a reasonable mistake of
fact to justify that intentional activation of that alarm signal. If
excused, that alarm shall not be counted as a false alarm.
SECTION EIGHT. ENPORCEMENT AND PENALlY PROVISIONS.
(a) Incorporation of Section 1-6 of the County Code of Laws and
Ordinances. In addition to all enforcement provisions specified in this
Ordinance, and as provided for in Section 125.69, Florida Statue~ any
person who shall violate any provision of tlús Ordinance shall, at the
election of the County, be subject to the enforcement provisions of
Section 1-6 of the Collier County Code of Laws and Ordinances,
excluding possible imprisonment, except for contempt of court.
Violations of tlús Ordinance may be referred by the Sheriff to the Code
Enforcement Board, or to the County's Code Enforcement Special
~, for enforcement pursuant to Chapter 162, Florida Statuf(J~
including filing liens against the secured premises.
(b) Joint and Severable Responsibility to Pay Pees and Fines. All fees
and/ or fines charged under tlús Ordinance shall be an obligation owned
jointly and severally by each responsible party. Fees and fines shall be
paid to the Clerk of COttltS ~l1ierCºunty Cº~Enforcemeru: within the
time periods specified in this Ordinance except as may be ordered
otherwise by a. trial judge the Special Master. Prompt payment of each
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June 29, 2004
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false alarm fIne shall clear and settle that false alarm violation, but shall
not affect the duty to file any Registration Fonn.
(c) Fines and Costs Imposed by Court. Fines and costs imposed against a
responsible party are to be distributed as follows: Five dollars ($5.00) to
Collier County Code Enforcement Clerk of the Courts as an
administration fee, and the balance of the funds of each fine is to be
deposited in the fme and forfeitures fund of the Sheriffs OffIce to offset
the Sheriff's operating budget costs.
(d) Failure to Prompdy Pay Fine and Costs. If a violator fails to pay the fme
and costs resulrirtg from the cited violation of this Ordinance without
filing a written notice of appeal received by the Special Master within the
thirty (30) day fine NIT1ent period, the cited violation can be referred by
the Sheriff's Office to the Special Master. The Special Master can impose
a civil fine against the violator not to exceed fIve hundred dollars ($500),
plus applicable costs, and can Hle a lien for the respective fine and costs
ag¡Unst the land at which the violation occurred and upon az¡y other real
or personal property owned by the violator, as then authorized by
Chapter 162, Florida Statutes.
SECTION TWO: CONFliCT AND SEVERABIliTY.
In the event that 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 separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: 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 this 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.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department
of State.
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--
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Flonda, this _ day of , 2004,
ATTEST:
D\'i;'IGHI' E, BROCK,
CJ ,ERK
By:
Deputy Clerk
Approved as to form and
T .egal sufficiency:
~
Thomas C. Palmcr
Assistant County Attorney
BOARD OF COUNTY CüM!v[]SSIONERS
COLLIER COUN'lY, FLOlUD.l
By:
DONNA FIALA., rHAIR;\fAN
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