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Backup Documents 08/10/2004 Absentia BCC BACKUP AUGUST 10, 2004 BCC IN ABSENTIA (COUNTY MANAGER APPROVED) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA (ABSENTIA) August 10, 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 1 August 10, 2004 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. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES 3. SERVICE AWARDS 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS 10. COUNTY MANAGER'S REPORT 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 2 August 10, 2004 14. AIRPORT AUTHORITY AND/OR BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to increase a grant agreement with the U.S. Fish and Wildlife Service for the treatment of invasive exotic plants by $50,000. The new total amount will now be $100,000. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 2) Recommendation to establish the FY04 budget for the Conservation Collier Land Management Trust Fund by transferring $1,644,100 from the Conservation Collier Land Acquisition Trust Fund consistent with the requirements of the Ordinance 2002-63 that implements the Conservation Collier Program. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14,2004 B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES 1) Recommendation to approve the budget amendment associated with Florida Department of Environmental Protection (FDEP) Contract No. GC623 for contract administration and remediation services for the clean up of petroleum-contaminated sites throughout Collier County in the amount of$99,600. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 3 August 10, 2004 2) Recommendation to approve the Memorandum of Understanding with Waste Management Inc. of Florida to load, transport and dispose of municipal solid waste from the Immokalee Landfill to the Okeechobee Landfill. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 D. PUBLIC SERVICES E. ADMINISTRATIVE SERVICES 1) Request Board approval of a correction to a previous Executive Summary misstating the contribution from the Collier County Sheriffs Office for a project to enhance the coverage of the public safety radio system inside school buildings. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 2) Recommendation to approve additions to and deletions from the 2004 Fiscal Year Pay and Classification Plan made from July 12, 2004 through July 30, 2004. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14,2004 F. COUNTY MANAGER 1) Recommendation to approve Supplemental Work Order # 1 for the Forest Lakes Roadway and Drainage MSTU to Quality Enterprises USA, Inc., in the amount of$8,125.00. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14,2004 2) Recommendation to award Bid #04-3699- "Copying the Agenda for the Collier County Board of County Commissioners" in the estimated annual amount of$45,000. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 3) Recommendation to accept the Ford Fleet Test Bailment Contract 4 August 10, 2004 which provides for the use of a vehicle to transport Veterans to V A medical appointments. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 4) Recommendation to approve a budget amendment establishing a new operating fund for the Law Library. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 G. AIRPORT AUTHORITY AND/OR BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst, for Parcel No. 15 in the amount of$37,000.00 in the lawsuit styled Collier County v. John Frank Sudal, et aI., Case No. 5168-CA (Immokalee Road Project No. 60018) Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14,2004 2) Recommendation that the Board of County Commissioners approve an addendum to contract with Municipal Code Corporation for additional services for the Code of Laws and Ordinances and publication of the County's Land Development Code and approve the necessary budget amendments. Approved - Jim Mudd BCC County Manager in BCC Absentia- Item will also be indicated on BCC Agenda September 14, 2004 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 RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY 5 August 10, 2004 PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 6 August 10, 2004 16C2 eo18:!' County ,. '- ~ -- - Memorandum To: Minutes & Records From: Solid Waste Management Dept. Date: August 27, 2004 Subject Executive Summary J9Ff I (Pe 1- ~ ßet 8 -/0 -0 <.{ t'llise~ ò.. Please find attached an original copy ofMOU and executive summary listed under 16F1 that was approved by the County Manager during the Boards absence. We have also forwarded a copy to Waste Management for their files. Received by: '1R!;, initials Date ~l~7 /rP/ / Collier County Solid Waste Department 16C2 Details NEW Attachments Reviewer List SEARCH MEETINGS Meeting Comments History .. Item Details Recommendation to approve the Memorandum of Understanding with Waste Management Inc. of Flori, to load, transport and dispose of municipal solid waste from the Immokalee Landfill to the Okeechobef Landfill. Item Title and Type Title I Recommendation to approve the Temporary 10 16C Item Status I Closed ~ Item Type 1(16) Consent Agenda Permanent 10 16F Item Category I (C) Public Utilities ..:1 ..:J Account Code Item Summary Recommendation to approve the Memorandum of Understanding with Waste Management Inc. of Florida to load, transport and dispose of municipal solid waste from the Immokalee Landfill to the Okeechobee Landfill. Summary ..:J Submit Changes ED ~"""·.c Novusolutions Copyright 2002-2003 ----..------ 16C2 EXECUTIVE SUMMARY Recommendation to approve the Memorandum of Understanding with Waste Management Inc. of Florida to load, transport and dispose of municipal solid waste from the Immokalee Landfill to the Okeechobee Landfill. OBJECTIVE: That the Board of County Commissioners (Board) approve the attached Memorandum of Understanding (MOU) pursuant to Landfill Operation Agreement as amended with Waste Management Inc. of Florida (WMIF) to set the rate to load, transport and dispose of municipal solid waste (MSW) from the Immokalee Landfill to the Okeechobee Landfill, and direct the County Manager to execute the agreement CONSIDERATIONS: The Immokalee Landfill has reached its capacity. The Landfill Operation Agreement dated February 7, 1995 ("LOA") requires WMIF to construct a transfer station to receive and then transport the MSW to the Naples Landfill for disposal at no additional cost to the County. In addition, the Second Amendment to Landfill Operation Agreement dated June 12, 2001 ("LOA 2nd,,) with WMIF allows for the loading and transportation of MSW from the Naples Landfill for disposal at the Okeechobee Landfill for $54.00 per ton. WMIF has agreed to a reduced and adjusted cost option to the County. WMIF will load, transport and dispose of MSW from the Immokalee Landfill to the Okeechobee Landfill at a rate of$ 42.48 per ton with terms and conditions identified in LOA and LOA 2nd. The total adjusted fee of $ 42.48 per ton is calculated in accordance with and pursuant to the Board approved contracts as amended. The total fee is adjusted to reflect the difference in distance in miles between the Immokalee and Naples landfills. Pursuant to the MOU, the County reserves the right to exercise the terms and conditions of this MOU including diverting MSW from the Immokalee landfill to the Naples Landfill pursuant to LOA at any time. MSW from the Immokalee Landfill for disposal at the Okeechobee Landfill will be counted toward sliding scale pursuant to LOA as if it is coming to the Naples Landfill. MSW from Immokalee Landfill for disposal at Okeechobee Landfill will not diminish the total maximum reserved capacity of 930,000 tons under Capacity Disposal Agreement section (7). The diversion of MSW from the Immokalee Landfill to the Okeechobee Landfill is consistent with the Integrated Solid Waste Management Strategy and will preserve air space in the Naples LandfilL ~ ',.".__.~,,-,-" "_.~"O"'._"~_~____. 16C2 FISCAL IMPACT: Funds are available in Solid Waste Disposal Fund 470. The additional cost associated with transferring MS W from the Immokalee landfill to the Naples Landfill is $4.6 million for the life of the Landfill. The net present value of the preserved airspace (disposal) capacity is approximately $6.2 million. Therefore the overall positive cash flow under this option is approximately $1.6 million to the County and two years of extended Landfill Life. GROWTH MANAGEMENT IMPACT: This action is consistent with the Solid Waste Sub-Element of the Growth Management Plan as presented in the Annual Update and Inventory Report (AUIR). The diversion of MSW from the Immokalee Landfill to the Okeechobee Landfill is anticipated to preserve approximately 10% of the disposal (airspace) capacity at the Naples Landfill which extends available airspace (disposal) capacity to 2026 (See Exhibit I). Furthermore, diversion of the MSW to the Okeechobee Landfill will avoid adding traffic from the current heavy truck traffic load on Immokalee Road. RECOMMENDATION: That the Board of County Commissioners (1) approve the Memorandum of Understanding, and (2) authorize the County Manager to execute same which will authorize the diversion of MS W from the Immokalee Landfill to the Okeechobee Landfill. lhC? MEMORANDUM OF UNDERSTANDING Pursuant to the Landfill Operation Agreement as amended This Memorandum of Understanding is dated this _ day of 2004 by and Between WASTE MANAGEMENT INC. OF FLORIDA ("WMIF], a Florida corporation, and COLLIER COUNTY, a political subdivision of the State of Florida ("County"). WHEREAS, WMIF and the County are parties to that certain Landfill Operation Agreement dated February 7. 1995 ("LOA"), the Second Amendment to Landfill Operation Agreement dated June 12,2001 ("LOA 2nd"), and the Disposal Capacity Agreement dated June 12,2001 ("Disposal Capacity Agreement"); and WHEREAS, the County and WMIF desire to supplement and confinn the understanding of the parties with regard to the transfer of waste from the site of the Immokalee Landfill after its closure as provided in Sec. 2.11 of the LOA; and WHEREAS, the parties desire to memorialize their understanding as set forth herein. NOW, THEREFORE, in consideration of these premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 2.11 of the LOA provides that after closure of the Immokalee Landfill, WMIF will build a transfer station at the site and operate it for the transfer of municipal solid waste ("MSW"), construction and demolition debris ("C&D") and other accepted wastes for ultimate disposal (collectively, "Acceptable Wastes"). 2. While Section 2.11 originally designated the Naples Landfill as the site for disposal of such waste, the County now has the option to utilize the provisions of the Disposal Capacity Agreement and the Second Amendment to Landfill Operation Agreement dated June 12,2001 to direct the waste to Okeechobee Landfill for disposal. Currently, under that Agreement, the rate for loading, transportation to and disposal at Okeechobee Landfill is $54.00 per ton from Naples Landfill. The fee of $54 is adjusted to reflect the difference in mileage from the Immokalee Landfill to Okeechobee Landfill in accordance with and pursuant to the Board approved contracts as amended. 3. WMIF agrees to a reduced and adjusted cost option to the County. WMIF will load, transport and dispose all, or portion of, Acceptable Waste, as authorized by the County at a rate of $ 42.48 per ton from Immokalee Landfill to Okeechobee LandfIll with terms and conditions identified in LOA and LOA 2nd. 4. This rate shall be subject to annual adjustment pursuant to Section 5.2 of the LOA (which refers to CPI adjustments) and Section 2.29(7) of the LOA 2nd Page 1 of 2 16C2 (which refers to adjustments for changes in the cost of fuel and fuel taxes). Adjustments pursuant to Section 2.29(7) shall apply only to the quantity of fuel consumed by WMIF in transporting the Acceptable Waste from Immokalee to the Okeechobee Landfùl and shall only apply to that period commencing after the execution of this Memorandum. 5. The reduced and adjusted fee shall be further reduced by 2% if the County pays the Contractor within 20 days after the County Receives the contractors monthly bill under the terms and conditions outlined in second Amendment to the Operations Agreement as approved by the Board pursuant to the section 2.29. 6. MSW from Immokalee Landfill for disposal at Okeechobee Landfill will not diminish the total maximum reserved capacity of 930,000 tons under Capacity Disposal Agreement section (7). MSW from Immokalee Landfill for disposal at Okeechobee Landfill will be counted toward the sliding scale pursuant to LOA as if it is coming to the Naples Landfill for disposal. Pursuant to LOA, the sliding scale will be adjusted if the County diverts the MSW tonnage to a disposal facility that is not owned or operated by WMIF. 7. The County reserves the right to exercise the terms and conditions of this MOU including diverting MSW from the Immokalee landfill to the Naples Landfill pursuant to LOA at any time. IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the authorized representatives of the parties as of the day and year first above written. DATEØrr WASTE MANAGE{Ç2:.NC. OF FLORIDA BY: ~--O DATE: COL'iN~ BY: y~ 6dÞÚr/ /'l'J4dJ4 6¿ 'C APPROVED AT TO FORM ~~UFFIC~ COUNTY A O~Y Page 2 of 2 t¡:: "'0 ¡:: C':j .....:¡ ...... ~ .....- .- C':j :9..><: ..r:: 0 :>< S W S ...... V ..r:: ~ S o <l:: - G "'0 ¡:: ~ .....:¡ V V ,D o ..r:: u V V ..><: o V ..r:: ~ o ..... J I fJ] ~n .. 'll .. ~ rfJ :;s J.... IP! 'II I .. ill!' JJ J I J it j f ¡ II i II I It If- IA ..... ~ en ¡:: C':j ..... ~ ~ ¡:: .S ..... 0.. o J I ¡ ¡ 1 , , ; , I . I .' I·,,' ¡ , !:l~ C"'"I ¡ :.!.1.i I: Ii I II. Ii ,; 'I' '1'1;.; ,J ,i I' 'I 10. <C , I ' I ' ¡'I' 'i i' I 'I I -- ! I ! ; ! ! ! I ! I I I ! 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I~ ill I ~ ..... -rl-,tri-rT T,t'T-rT ¡j ~i~L15li~ de I¡~ Il~ ¡S II~,~ ~i~ ¡ '" ¡~ li~,~ I¡~ ¡~ l~,~ li: I~ li~ I..... ..........,. ·.....·.1..... _it:> 'ólti'!Q ~I~I~!~ ~i~ i~ ....,i~ ~~ ·-.,!!:Ið'ð¡~I~ies 1:3 .' ..... .'1 '-t:!;3 ¡1lS I~ ,'" ~o ¡¡;: Iw :""'t"" i ·1- ¡t 10 ¡""~"":!: Iw ¡'" r:,,",!1O ¡"'" . .' i i i i : i ¡ i i ! ¡¡I: -_... .......,...... -..,....·..1......·,..··· .-.'......1'............. .....,....... ..·..··........1......·,....- _·....-....r..·..,...... ..,.......¡........,...- :~~~I~~~~~~~~lfi~~~~lé~~~~I~~ ·lfI ...... ~n~·-~r!-I-r~:p~Eql:µrer!~ .. ...... II i I ¡ ,i III! illll i I II ¡I! ill II' i 1f' f ~ ::: i§1§¡1~[~ ~iw ~itj wI.., ~¡ , t-J ""i""lt-Jit-J ""I~ "".., _ ø r r 1. ~1~1~.~I~i~¡~¡t:¡lt:¡'~I¡:¡i~l· ~!~¡~,~I~!~I~i~i~1 ~.. . , f :~r:~il!;í;T:I:bl:I:I:r~~I:i~:i:I!I:I:cr:1 Ir· If à ¡ò. ~ [~ t: ¡"" i~ i":j I'~ 1'2! bI:"22 i'~!~ S Þ l'b i~ tÞ I~ ~bà> i . ~ ¡.!;!~¡-!ÕÔ~¡::)¡-¡-¡~¡5:: :¡:j¡::!~iw -!~¡~~V.I~¡~'õô¡b:3¡ -...-...-----, '--~~~_._-'.." 16C2 o "0 :t. o = )- ....¡ ~ tI> (t> -. ~ en :E ~ S ÞOOO3 ::r (t m .....~ ~ ~ ~:=t.' e:.,...... (t (t r ~ 0- ê ..... o ....¡ =- (t z .g (ï tI> r ~ 0- ê MEMORANDUM Date: August 17, 2004 To: Nancy Bradley, Legal Assistant Office of the County Attorney From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Municipal Code Corporation Addendum to Contract Agenda Item #16Fl/ August 10,2004 BCC Meeting in Absentia Enclosed please find one (1) original document as referenced above, Agenda Item #16F1, as approved by the County Manager, Jim Mudd, on Tuesday, August 10, 2004, in Absentia of BCC. The Minutes and Records Department has kept an original document for public record, and a copy has been provided to the Finance Department. If you should have any questions, please contact me at 7240. Thank you. Enclosure (1) 16Fl 16Fl ADDENDUM TO CONTRACT The following will constitute an Addendum to the contract between MUNICIPAL CODE CORPORATION, and COLLIER COUNTY, FLORIDA, providing for additional services for the Code of Law and Ordinances (Code of Ordinances) and for the publication of the County's recodified Land Development Code (known until published and effective as the Unified Development Code or UDC), according to the following terms and conditions. PART ONE SUPPLEMENT SERVICE for CODE OF ORDINANCES (1) ORDINANCES TO BE FURNISHED BY COUNTY. The County shall forward to MCC copies of the ordinances upon final enactment by the County. We request that the ordinances be furnished electronically and we have established a special e-mail address (ords@municode.com) to receive e-mailed ordinances. Printed copies are accepted. (2) SCHEDULE. MCC will keep the Code up-to-date by the publication of Supplements that will contain newly enacted ordinances of a general and permanent nature. Supplements can be published on a schedule to meet the requirements of the County. The County's current supplement schedule for the Code of Ordinances is January and July. A minimum of thirty (30) working days will be required for delivery of a printed Supplement. (3) EDITORIAL SCRUTINY. A member of MCC's editorial staff will study new ordinances in conjunction with the existing provisions of the Code. Pages of the Code containing provisions that are specifically repealed or amended by ordinance will be changed to remove such repealed or amended provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances are included, the County will be notified so that remedial action may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the editor. (5) TABLES. The following tables will be prepared and/or updated for the Code: a) Table of Contents. This Table will be kept current to reflect changes in the Code volume. b) Comparative Table. This Table will list the ordinances included in each Supplement and set out the location thereof. This Table will be inserted preceding the Index. (6) PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the County for review. The County will return the proofs with the changes indicated thereon within fifteen (15) days from the date of their receipt. Please remember that proofs could delay the final printing of the product. ~.~_.--_._.-,-,_.__._.,."- ,.---- 16Fl MCC will be responsible for proofreading and typographical correctness. Errors attributable to MCC will be corrected throughout the tenn of the contract, without charge to the County. MCC's liability for all services shall extend only to the correcting of errors in the supplements, not to any acts or occurrences as a result of such errors, and only so long as a contract is in effect. (7) INDEX. When the inclusion of new material necessitates changes in the Index, appropriate entries will be prepared and the necessary pages of the Index will be printed or reprinted to include the new entries. (8) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of obsolete pages and insertion of new pages. The latest ordinance included in the published Supplement will be noted in boldface type on the Instruction Sheet. (9) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the benefit of the user. The checklist of up-to-date pages is a list of each page in the Code and the most current Supplement from which it is derived. The checklist allows instant detennination of whether the user is relying on a page reflecting current ordinances. (10) TABLES AND GRAPHICS. Should the Supplement contain tables, drawings or graphics for which special methods of reproduction or modification are required, the costs will be as set out on the Quotation Sheet. MCC will require an electronic file of the tables and graphics to be included in the Code and/or a clean printed copy. (II) SHIPMENT. Supplements will be shipped to the County for distribution to the holders of the Code. (12) MCC AS TOTAL CODE ADMINISTRATOR FOR CODES AND LDC COMPLETE VOLUMES. MCC maintains an inventory of Codes for sale to the public, over and above the number specified in this agreement for County use. MCC is responsible for having available up-to-date copies of the County Code for purchase by future subscribers. MCC is responsible for marketing the Code to existing or potential subscribers. All handling expenses and risk of future sales of the Code will be incurred by MCC. MCC will set the sale price for the Code, as approved by the County, but retains 100% of the proceeds from sales. Should the County need additional copies of the Code, MCC will provide the desired number of copies at a discounted price. (13) COUNTY RETAINS REVENUE OF SUPPLEMENTS. County will be financially responsible for maintaining an inventory of Supplements, to be stored at MCC. Also, the County is entitled to 100% of the proceeds from the sale of all supplements as set forth in this Addendum. These funds will be credited to the County's account. a) Order Forms. MCC will prepare and print an order fonn that may be mailed to all potential subscribers of the new Code and Supplement Service. 2 16Fl b) Mailing Service. MCC will mail copies of the future Supplements to those persons subscribing to the new Code and Supplement Service. The copies required for use by the County will be shipped as requested by the County. c) Billing Subscribers. MCC will bill subscribers to the Supplement Service on an annual basis. A listing of all current subscribers will be furnished prior to annual billing of the subscribers. d) Storage. All undistributed copies of the future Supplements will be stored by MCC. All risk of loss or damage to the Codes and Supplements so stored will be assumed by MCC. PART TWO ADDITIONAL SERVICES for CODE OF ORDINANCES (1) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will be furnished upon request. A sample index will be furnished for use in requesting the desired sample provisions. (2) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code, including appropriate index pages, can be kept up-to-date at the same time the Code volume is supplemented. (3) LEGAL REVIEW. MCC offers, under the direction of the County Attorney, to review the entire Code on a chapter-by-chapter basis against current state statutes. The law editor will submit an editorial memorandum to the County Attorney outlining all recommendations for amending the Code to eliminate duplications, inconsistencies and obsolete provisions. MCC will work with the County Attorney in drafting proposed legislation, as deemed necessary. (4) UPDATE STATE LAW REFERENCES. In the event the County does not choose the option for a complete legal review of the Code, MCC offers to update and add state law references as a part of the editorial work. (5) CODE FURNISHED ELECTRONICALLY. The electronic Code can be furnished in a variety of electronic formats as described below. All formats will be updated through the most recently published ordinance in the printed Code. c) Folio BoundVIEWS. This is a full text search engine that supports standard Boolean logic, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Every word of the Code is electronically indexed so queries are performed on the entire Code. A powerful context-sensitive, on-line help system is included within Folio BoundVIEWS, though the software is sufficiently intuitive to use without consulting the help library. d) Code on the web. The Code may also be included on MCC's web site (www.municode.com). The site contains a collection of more than 1,400 local government Codes and is available to anyone with Internet access. All Codes on the 3 16Fl .f site are integrated with Folio web search engine and amendments to the Code are incorporated as the book is updated. A link to the County's web site can also be provided. e ) Word processing format. The master database of the Code can easily be converted into an RTF format that is useable in most of today's popular word processing formats, e.g., WORO or WordPerfect. Alternatively, the Code can be provided in a generic text format such as ASCII or HTML. f) Code in Adobe PDF Format. MCC can provide the Code in POF format. MCC will apply bookmarks for the chapters and, if available, the POF version will contain a minor search tool. MCC may not be able to provide the County a search tool in certain instances. The County will need a copy of the Adobe Viewer (available for download for free from adobe. com). The POF format matches the printed page and MCC provides a complete updated POF each time the Code has been supplemented. Should the County desire to also receive just the Supplement, an additional update fee applies. There is no licensing that applies to this format, but there are not the search capabilities built into Adobe as there are in the above Folio product. g) Support and training. Telephone support for all of the above-mentioned programs is available during working hours by calling our toll-free number (800-262-COOE). Most problems are resolved in one call and this support is free of charge. Installing software is easily accomplished by the County IT staff, although MCC's support is available during installation, if needed. All of the above-mentioned programs are very intuitive and typically do not require separate training, however, on-site training is available. (6) ELECTRONIC SUPPLEMENT A TION. MCC can provide the Supplements electronically on a schedule to meet the County's needs, e.g. monthly or bimonthly. The County may choose to have printed copies of the Supplements published less frequently. The electronic media will reflect the entire Code as updated through the most recent Supplement. (7) NEW ORDINANCES on the WEB (N.O.W.). MCC can post your ordinances on the web between supplements so that anyone searching your Code will find the most current legislation. To view this service, go to the Collier County, FL Code of Ordinances - See "Ordinances Enacted/Not yet Codified" located at the bottom of the Table of Contents. Although your ordinances will be a part of your Code database, MCC will not edit the Code to include the new ordinances - we will simply post the ordinances in their original form. The Code on the Web is maintained through the supplement Service. Once ordinances posted through the N.O.W. service are included in a supplement to the Code, they will be removed from the web. If you would like ordinances incorporated into the electronic version of the Code more often than your printed Code is updated, please consider our Electronic Supplementation service. PART THREE PUBLICATION of UNIFIED DEVELOPMENT CODE (UDC) 4 1 ~Fl (1) UDC FURNISHED BY COUNTY. MCC hereby offers to publish the UDC as of the date of any contract entered into pursuant to this agreement; provided that the County may forward to MCC all ordinances passed prior to or subsequent to said date for inclusion in the new UDC until notice is received that editorial work has been completed. We request the ordinances be furnished electronically (diskettes, e-mail, CD-ROM, etc.), though they may be furnished in printed form. (2) EDITORIAL WORK. The editorial work on the UDC will include the following: a) History Notes. A history note will be prepared for each section of the UDC. The note will indicate the source from which the section is derived. b) Chapter Analysis. Each chapter of the new UDC will be preceded by a detailed analysis listing the articles, divisions, and sections contained therein. c) Catchlines. Each section will be preceded by a catchline describing the content of the section. (3) INDEX. A comprehensive, legal and factual general index for the entire UDC will be prepared. All sections are indexed under major subjects with appropriate section citations. Columnar citations are used to enhance the ease of reference. (4) TABLES. The following Tables will be prepared for the new UDC: a) Table of Contents. This Table will list the chapters, articles or divisions of the UDC, with appropriate page numbers. b) Comparative Table. If feasible, prepare a Comparative Table, listing the ordinances included in the UDC, in chronological sequence and setting out the location of such ordinances in the UDC. (5) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the County for review. The County may make word changes on the proofs without charge. However, the County will be charged for changes or deletions constituting more than one page of type. It shall be the duty of the County to return the proofs, with the changes indicated thereon, within forty- five (45) days from the date of their receipt. If proofs are not returned within forty-five (45) days and no notice to the contrary is received by MCC, it will be assumed that no changes are to be made. MCC will then proceed to print the UDC and no changes shall thereafter be allowed. Should the County request to review the proofs beyond forty-five (45) days but fails to return them within five (5) months, the contract balance shall become due and payable. Upon mutual agreement regarding time and compensation, MCC shall update the proofs with subsequent enactments before delivery of the printed UDC. MCC guarantees typographical correctness. Errors attributable to MCC will be corrected, consistent with the similar provision of Part One (6), throughout the term of the contract without charge to the County. MCC's liability for all services shall extend only to the correcting of errors in the UDC or future supplements, not to any acts or occurrences as a result of such errors and only so long as the contract is in effect. 5 16Fl (6) new UDC: TIME SCHEDULE. The following is an agreed upon time schedule in the preparation ofthe a) Submission of proofs to County from receipt of material: no more than 60 days b) Delivery of the completed UDC to County: 4 weeks after return of proofs, but no later than September 24, 2004, unless agreed to in writing by the County Attorney. The above time schedule provides for completion of the UDC within three (3) months, excluding time required for review of the proofs and any delays occasioned by the County. (7) PRINTING AND BINDING. When the County returns the proofs, MCC will proceed with printing and binding the UDC in accordance with the following: a) Copies. The number of copies desired by the County will be printed on 50 lb. white offset paper. b) Page format MCC's page format is designed for consistency and readability. The page size will be consistent with the format chosen by the County: 8 Y2 x II inches, single column (sample attached). We provide two different page headers, chapter and LDC name, to allow better navigation within the LDe. We also provide ears to designate the section the page contains. Our page numbering allows for growth within the volume, as does our reserved chapter options. c) Type size. MCC will publish the UDC, ands all LDC supplements in ten-point type unless otherwise specified. Notice of such font change must be given prior to the completion of the editorial work so that the impact upon cost can be determined and discussed. d) Tables and graphics. Tables, drawings, designs, Algebra formulae, graphics, or other material that require special methods of reproduction or modification, will be charged as set out on the Quotation Sheet. MCC will require an electronic file of the tables and graphics included in the UDC and/or a clean printed copy. e) Binding. MCC will bind copies of the completed UDC in expandable post binders with slide lock fasteners. Covers will be imitation leather and available colors are black, burgundy, blue, or green, with gold lettering. Other binder choices are available (D-ring and three-ring). Cost may vary. Additional binders can be ordered at any time at the then-current prices. f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides) for the bound UDe. The tabs will reflect the major divisions or chapters of the UDC volume. (8) MCC AS TOTAL CODE ADMINISTRATOR CODE AND LDC COMPLETE VOLUMES. MCC maintains an inventory of the UDC for sale to the public, over and above the number specified in this agreement for County use. MCC is responsible for having available up-to-date copies of the County UDC for 6 16Fl ~ purchase by future subscribers. MCC IS responsible for marketing the UDC to existing or potential subscribers. All handling expenses and risk of future sales of the UDC will be incurred by MCe. MCC will set the sale price for the UDC, as approved by the County, but retains 100% of the proceeds from sales. Should the County need additional copies of the UDC, MCC will provide the desired number of copies at a discounted price. (9) COUNTY RETAINS REVENUE OF SUPPLEMENTS. County will be financially responsible for maintaining an inventory of Supplements, to be stored at MCC. Also, the County is entitled to 100% of the proceeds from the sale of all supplements as set forth in this contract. These funds will be credited to the County's account. a) Order Forms. MCC will prepare and print an order form that may be mailed to all potential subscribers of the new Code and Supplement Service. b) Mailing Service. MCC will mail copies of the future Supplements to those persons subscribing to the new Code and Supplement Service. The copies required for use by the County will be shipped as requested by the County. c) Billing Subscribers. MCC will bill subscribers to the Supplement Service on an annual basis. A listing of all current subscribers will be furnished prior to annual billing of the subscribers. d) Storage. All undistributed copies of the Code and future Supplements will be stored by MCe. All risk of loss or damage to the Codes and Supplements so stored will be assumed by MCC. (9) UDC FURNISHED ELECTRONICALLY. The UDC can be furnished in a variety of electronic formats as described below. All formats will be updated through the most recently published ordinance in the printed UDe. b) Folio BoundVIEWS. This is a full text search engine that supports standard Boolean logic, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Every word of the UDC is electronically indexed so queries are performed on the entire UDe. A powerful context-sensitive, on-line help system is included within Folio BoundVIEWS, though the software is sufficiently intuitive to use without consulting the help library. c) UDC on the web. The UDC may also be included on MCC's web site (www.municode.com). The site contains a collection of more than 1,400 local government Codes and is available to anyone with Internet access. All Codes on the site are integrated with Folio web search engine and amendments to the Code are incorporated as the book is updated. A link to the County's web site can also be provided. d) Word processing format. The master database of the UDC can easily be converted into an RTF format that is useable in most of today's popular word processing 7 --...._----- 16Fl formats, e.g., WORD or WordPerfect. Alternatively, the UDC can be provided in a generic text format such as ASCII or HTML. e) UDC in Adobe PDF Format. MCC can provide the UDC in PDF format. MCC will apply bookmarks for the chapters and, if available, the PDF version will contain a minor search tool. MCC may not be able to provide the County a search tool in certain instances. The County will need a copy of the Adobe Viewer (available for download for free from adobe. com). The PDF format matches the printed page and MCC provides a complete updated PDF each time the UDC has been supplemented. Should the County desire to also receive just the Supplement, an additional update fee applies. There is no licensing that applies to this format, but there are not the search capabilities built into Adobe as there are in the above Folio product. f) Support and training. Telephone support for all of the above-mentioned programs is available during working hours by calling our toll-free number (800-262-CODE). Most problems are resolved in one call and this support is free of charge. Installing software is easily accomplished by the County IT staff, although MCC's support is available during installation, if needed. All of the above-mentioned programs are very intuitive and typically do not require separate training, however, on-site training is available. A written quotation will be provided upon request. PART FOUR SUPPLEMENT SERVICE for LAND DEVELOPMENT CODE (1) ORDINANCES TO BE FURNISHED BY COUNTY. The County shall forward to MCC copies of the ordinances upon final enactment by the County. We request that the ordinances be furnished electronically and have established a special e-mail address (ords@municode.com) to receive e-mailed ordinances. Printed copies are accepted. (2) SCHEDULE. After shipment of the new UDC, MCC will keep the LDC up-to-date by the publication of Supplements that will contain the new ordinances of a general and permanent nature enacted by the governing body. The Supplements can be published on a schedule to meet the requirements of the County. The County's current supplement schedule for the LDC is January and July. A minimum of thirty (30) working days will be required for delivery of a Supplement. (3) EDITORIAL SCRUTINY. A member of MCC' s editorial staff will study new ordinances in conjunction with the existing provisions of the DDC. Pages of the UDC containing provisions that are specifically repealed or amended by ordinance shall be reprinted to remove such repealed or amended provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications in the UDC as the new ordinances are included, the County will be notified so that remedial action may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended as deemed necessary by MCC. 8 ~_.- __ "H________.__"._ 16Fl (5) PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the County for review. The County will return the proofs with the changes indicated thereon within fifteen (15) days from the date of their receipt. Please remember that proofs could delay the printing of the final product. MCC will be responsible for proofreading and typographical correctness. Errors attributable to MCC will be corrected throughout the term of the contract, without charge to the County. MCC's liability for all services shall extend only to the correcting of errors in the supplements, not to any acts or occurrences as a result of such errors, and only so long as a contract is in effect. (6) INDEX AND TABLES. When the inclusion of new material necessitates changes in the index, appropriate entries will be prepared and the necessary pages of the index will be printed or reprinted to include the new entries. The Comparative and State Law Reference Tables will be kept up-to-date to reflect the new ordinances and state law citations, if any, included in each Supplement. The Table of Contents will also be kept current to reflect changes in the LOC. (7) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of the obsolete pages and insertion of the new pages. The latest ordinance included in the published Supplement will be noted in boldface type on the Instruction Sheet. (8) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the benefit of the user. The checklist of up-to-date pages will allow instant determination of whether the user is relying on a page reflecting current ordinances. (10) GRAPHICS. Should the Supplement contain tables, drawings or graphics for which special methods of reproduction or modification are required, the costs will be as set out on the Quotation Sheet. (10) of the LOC. SHIPMENT. Supplements will be shipped to the County for distribution to the holders PART FIVE ADDITIONAL SERVICES for LAND DEVELOPMENT CODE (1) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the LOC, including appropriate index pages, can be kept up-to-date at the same time the LOC volume is supplemented. (2) ELECTRONIC SUPPLEMENT A TION. MCC can provide the Supplements electronically on a schedule to meet the County's needs, e.g. monthly or bimonthly. The County may choose to have printed copies of the Supplements published less frequently. The electronic media will reflect the entire LOC as updated through the most recent Supplement. 9 16Fl (3) NEW ORDINANCES on the WEB (N.O. W.). MCC can post your ordinances on the web between supplements so that anyone searching your LDC will find the most current legislation. To view this service, go to the Collier County, FL Code of Ordinances - See "Ordinances Enacted/Not yet Codified" located at the bottom of the Table of Contents. Although your ordinances will be a part of your LDC database, MCC will not edit the LDC to include the new ordinances - we will simply post the ordinances in their original form. The LDC on the Web is maintained through the supplement Service. Once ordinances posted through the N.O.W. service are included in a supplement to the LDC, they will be removed from the web. If you would like ordinances incorporated into the electronic version of the LDC more often than your printed LDC is updated, please consider our Electronic Supplementation service. 10 _."._-_._-"....._.-._.-,~._.. .'--.---."-- QUOTATION SHEET 16Fl I PART ONE - SUPPLEMENT SERVICE - CODE OF ORDINANCES (1) Annual fee for Supplements None (2) Number of copies 104 (3) Cost per pagel $22.25 (4) Page format: 8 Y2 x 11 inches, double column (5) Tables and graphics, additional charge each2 $10 (6) Distribution and Storage of Codes and Supplements: MCC as Total Code Administrator for Code Volume a) County orders a minimum of 150 hard copies and MCC will have total responsibility for printing copies for sale to the public. b) There would be no cost incurred or liability to the County for the expenses involved in furnishing copies of the Code to the public. County Retains Revenue of Supplements: a) Printing order forms no charge b) Mailing of Codes and Supplements per mailing, plus cost of postage; $3 (charges passed to subscriber) c) Billing of subscribers for Code and/or Looseleaf Supplement Service per subscriber; $5 (charges passed to subscriber) d) Storage of Supplements no charge (7) State sales tax, if applicable. PART TWO - ADDITIONAL SERVICES - CODE OF ORDINANCES AND LDC (1) Sample Ordinance Service: a) b) Up to 100 pages, per annum Over 100 pages, per page $250 $0.50 (2) Reprints Quotation upon request I A page is defined as the area on one side of a sheet. A sheet contains two (2) pages. 2 If a graphic is larger than one page, then the charge is per page 11 16Fl (3) Legal Review of Code, per hour Drafting charges will be based on the same hourly rate. $150 (4) Updating state law references Quotation upon request (5) Electronic Code and LDC: a. Code and LDC integrated with Folio BoundVIEWS: i. County Department ii. Mobile Site Licence Code on the Internet, per year (includes up to four updates) LDC on the Internet, per year (includes up to four updates) Code formatted for word processing Code in Adobe PDF format, includes the search function, if available One set of updated electronic media, per Supplement (cost in addition to regular Supplement per page charge) Additional sets of updated electronic media, per set $75 b. $2,000 $3,000 $300 c. $300 d. $175 $495 $75 e. f. g. (6) ELECTRONIC SUPPLEMENTATION (Costs include printed supplements on a semiannual or annual basis) a) Quarterly or bimonthly schedule, cost per page: 8 V2 x 11 inches, double column Monthly schedule, cost per page: 8 V2 x 11 inches, double column $27.25 $22.25 b) (7) NEW ORDINANCES on the WEB (N.O.W.)l a) b) Cost per ordinance, posted within 5 working days Cost per ordinance, posted within 2 working days $15 $25 PAYMENT FOR SUPPLEMENT SERVICE OF CODE (1) Payment will be due upon receipt of invoice. Supplements will be invoiced when shipped. (2) Freight charges will be prepaid and invoiced at the time of final billing. PART THREE - PUBLICATION OF UDC (1) Base cost, includes $16,200 a) Editorial work 1 Minimum $50 per posting. 12 16Fl b) c) d) e) Tables Typesetting and proofs Indexing Printing and binding i. Number of copies ii. Number of binders iii. Number of sets of special order tabs IV. Estimated pages) 8 V2 x 11 inches, single column 1,350 100 100 100 Base cost does not include: f) Pages in excess or less than those listed above will be billed as follows: i. 8 V2 x 11 inches, single column ii. 8 V2 x 11 inches, double column g)Graphics, additional charge each2 h) Freight charges (invoiced upon shipment) i) State sales tax, if applicable $12 $16 $10 Prepaid (3) Distribution and Storage of UDC and Supplements: b) c) MCC as Total Code Administrator for LDC a) County orders a minimum of 150 hard copies and MCC will have total responsibility for printing copies for sale to the public. b) There would be no cost incurred or liability to the County for the expenses involved in furnishing copies of the Code to the public. County Retains Revenue of Supplements: a) Printing order forms no charge Mailing of Codes and Supplements per mailing, plus cost of postage; $3 (charges passed to subscriber) Billing of subscribers for Code and/or Looseleaf Supplement Service per subscriber; $5 (charges passed to subscriber) d) Storage of Supplements no charge (4) Electronic UDC: Included under Part II (5) of Code Supplement Quotation - Additional Services 1 A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. 2 If a graphic is larger than one page. the charge is then per page. 2 A page is defined as the area on one side of a sheet. A sheet contains two (2) pages. 3 Per page rate will be $19 for 8 \12 X 11 inches, single column and $22.25 for 8 il2 x 11 inches, double column for 1O0 copies, there will be an addition of $0.50 per page for each additional 50 copies. 13 16Fl PART FOUR - SUPPLEMENTATION SERVICE FOR LDC (1) Annual fee for Supplements None (2) Number of copies 100 (3) Cost per pagel i. 8 V2 x 11 inches, single column ii. 8 V2 x 11 inces, double column (4) Tables and graphics, additional charge each6 $19.003 $22.25 $10 (5) State sales tax, if applicable PART FIVE - ADDITIONAL SERVICES FOR LDC (1) Reprints Quotation upon request (2) ELECTRONIC SUPPLEMENT A nON (Costs include printed supplements on a semiannual or annual basis) a) Quarterly or bimonthly schedule, cost per page: i. 8 1;2 x 11 inches, single column ii. 8 V2 x 11 inches, double column b) Monthly schedule, cost per page: i. 8 V2 x 11 inches, single column ii. 8 V2 x 11 inches, double column $19 $22.25 $24 $27.25 (3) NEW ORDINANCES on the WEB (N.O.W.)2 a) Cost per ordinance, posted within 5 working days b) Cost per ordinance, posted within 2 working days $15 $25 PAYMENT FOR PUBLICATION OF UDC (1) Upon signing of the contract $6,840 (2) Upon receipt of proofs $5,670 (3) Balance upon delivery of UDC. (4) Payment for the Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. (5) Freight charges will be prepaid and invoiced at time of final billing. This proposal shall be valid for a period of ninety (90) days from the date appearing below. 2 Minimum $50 per posting. 14 Submitted by: 16Fl MUNICIPAL CODE CORPORATION ~0 Witness v A-:J ÀA/J ~t-0-- ~ WItness Date ATTEST: DWIGHT E:. Bª,Ç)Ç1~CLfRK " ., , ' . . . .... ;". t~r:>-, lO.r. By' ..,. . ,. r, . .,."". _ . : ~št IS· t"ó:Chrlrilan · s , -~ ·.,S i 9O,a~ureón)IJ ~ ,: ~ Approvy"d .as tõ fOrJ!n.ah:d re~1 sufficiency: ~"'''G.;.~';''.'''..,......'c'''''' .~/í ~.. , 1"1 ¡o. f" I ;:. \' .fJ .' .. ,\~ Patrick G. White Assistant County Attorney Accepted by: \ BOARD OF COUNTY COMMISSONERS OF COLLIER COUNTY, FLORIDA ~ > '}L~ C6...(,<f..,y ~~ * ø~ By: ftYC.PONNA FIALA, CHAIRMAN Item# ~ ~, ~~Íid3 8 -ID ~ 1.ffi ~ l\.,G D2t.~ B-I7-2C6!. Reed 15 .-,--....-.,...-----..-.-.- 16F 1.A Memorandum To: Trish Morgan, Deputy Clerk Minutes & Records Department Melissa Hennig, Environmental specialisf'~ Environmental Services Department From: Date: September 9, 2004 Subject: Challenge Cost-Share Agreement modification Enclosed is a fully executed copy of Modification No.1 to the U.S. Fish and Wildlife Service Challenge Cost-Share Agreement No. 401813G244. This modification was approved on August 10, 2004 by the Board of County Commissioners in absentia (Agenda Item # 16F1A). If you should have any questions, please call 213-2957. Thank you. C: ESD File: Grants Admin. C-40 Enclosure Environmental Services Department Community Development & Environmental Services Division United States Department of the Interior 1~~ r:: ti \ '1 1. n ~ I FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta. Georgia 30345 In Reply Refer To: FWS/R4/BA/CGS September 1, 2004 RECEIVED SEP - 7 2004 Ms. Melissa Henning Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive N nap les, Florida 34104 Dear Ms. Henning: Enclosed for your files is an executed copy of Modification No.1 to Challenge Cost-Share Agreement No. 40l813G244. I f you have any questions concerning this modification, please contact Evelyn Bradley, RS Staffing Contract Specialist, at the above address, Suite 310, or at telephone number (404 )679- 4068. Sincerely, ') . 1/") "/" i.i.!. .' 1:í/Þ7 fl,//, /.: - ~ ¡ // 1" I j i ,Iii ¡ t.· . 1..··...1.· ..../~..IfffY-' .:. /Iil/ / . I "/. 1 . r . ~i." I". / LJo\1ú'~i tJ' . / Acting Chief, Contracting and General Services Division Enclosure TAKE PRIDE<I!>~ INþ,!ItERICA~ .~ ¿ r-' C,l¡ ¡¡ffi., ..tl. 0 r "'" AGREEMENT NO: 401813G244 CHARGE CODE: 41555-1261-4CIW (FY04) AMOUNT: $50,000.00 TIN: 59-6000558 DUNS NO: 07-699-7790 MODIFICATION NO. I To CHALLENGE COST SHARE AGREEMENT Between UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE And COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS And BUREAU OF INV ASIVE PLANT MANAGEMENT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION And COLLIER SEMINOLE ST ATE PARK STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION The purpose of this modification is to augment funding with an additional $50,000.00 thus increasing the total amount of this award from $50,000.00 to $100,000.00. This funding will be used by Collier County Environmental Services Department to enlist contract services to treat invasive exotic plants as addressed in Attachment I. The additional $50,000 will cover contract service in Areas 6, 8, and 9 (Attachment 2). All other terms and conditions remain the same. U.S. DEPARTMENT OF THE INTERIOR OF FISH AND WILDLIFE SERVICE BY: ¡f;t j¡~ TITLE: Anita Wcr:'~' Suplrvis(¡ry . "dial'. Oiilcer DATE: 1/tlðr u.s. DEPARTMENT OF THE INTERIOR OF FISH AND WILDLIFE SERVICE BY: ~-(/¿ ~ TITLE: /( t?fk.J ~ fi1.~ DATE: ð'//t; I~'I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU INVASIVE PLANT MANAGEMENT BY: TITLE: DATE: çeè' AI¿.",f PQJe FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ::UUUMINOLE STATE PARK TITLE4ft~8~ DATE: MODIFICATION NO.1 AGREEMENT NO: 40181-3-G244 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: ..,............,,'. ,.,/ ~. COM?9 ....... DWIGHT .E:,~DCK·ërêr~~···... BOARD OF COUNTY COMMISSIONERS, ,:: .:\)'.... {-';'~ ".~~\ COLLIER COUNTY, FLORIDA. ~éilý' ,.,,~~,:; j By: r ~Og 1 ' 1 J ,~ : S gnat...... 1..', , " ..~. .~.. . APprovedátt~,j9~ ;'~ri~" ,~8'GfficienCY: TO~" .," Assistant County Attorney A TrEST: CCSA SUFFICIENCY REVIEW Item # ¿, F I A Agenda f? 10 ·04 Date BY: Contracting Officer, FWS DATE: '. \ " (. f~\', /:;1 ¡: Ir-'~ -"'~ " 2 It 3 R e. e ¡rv., vV'-- Î 1'1 Ð .: '-f 0 / t I - 3 - G J 44- I_~~ ¡. I' i -, CCI Agreement - Ten Thousand Islands NWR - Roadways COOPERATORS: DATE: g~/oý r:- I~..' 'I " \ I ;..-: I' ,¡ I '.1ß-...) ¿ , Attachment 1 Wetland Project Ten Thousand Islands National Wildlüe Refuge 16F lA Ten Thousand Islands National Wildlüe Refuge Wetland Project Invasive Exotic Plant Removal Working Group Southwest F10rida Invasive Species Working Group Site Manager Jim KrakQwski U.S. Fish and Wildlife Service Ten Thousand Islands National Wildlife Refuge 3860 TolIgate Blvd., Suite 300 Naples, FL 34114 (941)353-8442, Ext. 27 (941)353-8640 (fax) Email: Jim Krakowsk:i@fws.gov Method of Control Contractual Services DEP Contractor Project Goal This project will control the invasion of exotic Brazilian pepper on the Ten Thousand Islands National WiIdIif~ Refuge. . _..--,~--"".. " ----.-.. Project Location: Ten Thousand Islands National Wildlife Refuge (TTINWR) is located approximately 12 miles southeast of Naples, FL on the south side of the Tamiami Trail. The project site lies along the north side of the refuge. (See attached map) 16F 1 A Project Description: The project site contains approximately 50 acres of wetland marshes. Brazilian pepper has invaded the site and is displacing native species. A FDEP contractor will treat Brazilian pepper infestation. Work Specifications: Work perfonnance will consist offumishing all labor, equipment, and supplies (including herbicide and adjuvants), and perfonning all operations for controlling exotic plants listed under the Project Goals in the area defined by the Project Description and further delineated in the Project Map. Every effort shall be made by the contractor to avoid damage to native vegetation or wildlife. The contractor is responsible for the control and/or removal of all exotic plants including mature trees/shrubs, saplings, and seedlings. Only the methods described below may be used for herbicide application: 1. Low volume basal herbicide applications with Garlon 4 herbicide in JLB Oil Plus Improved (or equivalent vegetable oil carrier) shall be used to treat the Brazilian Pepper. Basal applications will be as follows: each treated plant application will begin at a height not less than 6 times the plant's basal diameter, but not exceeding 18 inches. Herbicide will be applied according to label rates and requirements using a low pressure spray to minimize spatter, drift, and non-target damage. 2. Seedlings may be pulled by hand and will be disposed of in such a way as to reduce possibility of re-sprouting. Other Requirements and Provisions: Access to the refuge is restricted, and a refuge staff member will accompany work crews into the refuge. Project Time: The project will entail initial treatment and additional re-treatment (if needed) of control area described under the Project Description and will conclude with the contractor providing a written notification of completion to the Site Manager. Work should be accomplished during the dry period of-the year; from December 1 through March 31. Re-treatment shall occur during the following year. All invoices for work will be submitted to the Florida Department of Environmental Protection. Funding Information: The refuge can provide a staff person to coordinate the project with the FDEP contractor. The cost estimate for the TTINWR contribution of 20 staff days or $ 4,000.00 (ITINWR .. ,; ( Ii'" JL l/ r contribution). It is estimated that it would take $ 100,000 to fund a FDEP private contractor to accomplish this project. n '11 BJ J._ Ii ¡ r-- l ~~f ì3!í1l 1ft !ðz. * ¡;¡~ ~~ r-' ,s; ~ I ~~ I ...~ -z Ji ~;¡; a.~ ¡;¡ S co <:) ~ g l --- I I . ~..". ::;::......: ::~: > .:> ~ ~ -. 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